What is My Philosophy As a Criminal Attorney?

I have never been charged with a DUI. I’m lucky, I think. And lately, I’m making much better decisions before drinking and driving. I think that has a lot to do with the fact that I am a DUI attorney and know the consequences of getting charged with DUI, whether they are fair or not. But others I know haven’t been so lucky. I have brothers that have DUI convictions. My dad has received a DUI. And I have some friends that have been busted for DUI. Just like everyone does probably.

And that is part of the reason I became a DUI attorney and criminal defense lawyer. Because every day normal people are out there facing criminal charges for making one bad decision. It is highly likely that for the entirety of their lives before that night they were upstanding citizens, following the law and going about their normal lives. And now everything is in upheaval and the scary thing is that a conviction may follow you around forever.

So you come to me, and I work for you to give you a second chance, to keep your record clean, to move past that one bad decision and continue on with your life with only a lesson learned in tow.

Now, second chances mean a lot of different things to a lot of different people. And what I do as a criminal defense attorney is not just make a couple of phone calls and take the first deal that is offered. No, I do much more than that. My goal is always, for every single client I have, dismissal. Charges dropped. End of case, move on as if nothing happens. And I get that result from time to time.

Second chances, though, for the most part, mean a dismissal after time, or a reduction in charges to a minimal crime, or no jail time and a light fine. For most cases, it really depends on what the facts are. The more leverage I have, the better your case turns out to be. The less leverage I have, the worse your case turns out to be. And contrary to popular belief, we are not miracle workers. We cannot pull a rabbit out of a hat. So sometimes we are limited in what we can do.

In the end, if you make a bad decision and end up facing criminal charges of any kind, you deserve someone like me helping you. We know the odds you’re facing, we know the feelings you are having, and we are here to protect you from a worst case scenario happening. So, the next time you make a bad decision, don’t make it worse by talking to the cops. Be quiet and call a criminal defense attorney to help you out. Second chances are out there, you just have to grab them.

Why Dispute Resolution Provisions Matter

Commercial contracts of all types, ranging from sales agreements to merger agreements, often contain “dispute resolution” provisions. These provisions typically govern what happens if there is a claim or dispute arising out of or relating to the agreement. In essence, the dispute resolution clause is a contractual agreement as to how the parties are going to resolve any differences that may arise.

Having litigated commercial contracts of different types for many years, one observation is that parties often do not pay enough attention to these provisions at the time the contract is drafted. At the time the contract is drafted, the parties are often focused on price and other key business terms. In addition, at the time a transaction is coming together, both sides are typically looking forward to a mutually beneficial relationship. In short, at the time a contract is finalized and signed, neither party tends to believe anything will go wrong. As a result, the dispute resolution provision, if it is considered at all, is often left to the last round of discussions.

Dispute resolution provisions often address two potentially important points: (1) Where a claim or dispute will be decided, and (2) how the dispute will be decided. Both issues require careful consideration.

Where the Dispute Will Be Decided. Dispute resolution provisions often have forum selection clauses, which are also known as choice of venue provisions. These provisions specify which court or courts will decide the dispute, and often provide that the court or courts in a particular jurisdiction will exclusively decide the dispute. Although there are sometimes exceptions, the courts have generally enforced these provisions.

It is easy to see why the choice of venue is important. To use an analogy to sports, the forum selection clause may mandate that the dispute must be decided (literally) in the other party’s home court. Of course, it may still be possible to win in the other party’s jurisdiction, but the fight will almost always be more difficult and more expensive. If the other party is, for example, a large employer in the other jurisdiction, it may be difficult to pick an impartial jury. It will also be necessary, at the least, to hire counsel in the jurisdiction to work with the company’s usual counsel. This adds a layer of expense.

How the Dispute Will Be Decided. Dispute resolution provisions may also contain provisions requiring that the dispute be decided by binding arbitration, instead of in the court system. In arbitration, the case most often is decided either by a single arbitrator or a panel of three arbitrators. Arbitrators most typically are lawyers with some experience in the substantive area or non-lawyer industry experts.

Many companies, particularly international companies, prefer arbitration over litigation. There are pros and cons to arbitration, and whether arbitration is right for a particular party requires consideration of the particular circumstances. If parties to a commercial contract agree to arbitration, the agreement is typically enforceable. In addition, and although there are exceptions, it is extremely difficult to appeal an award entered in arbitration through the court system.

If arbitration is chosen, the dispute resolution provision may also address important topics such as how the arbitrators are to be selected, and where the arbitration is to be held. The dispute resolution provision may mandate that a particular organization, such as the American Arbitration Association or the International Chamber of Commerce administer the arbitration. These organizations (and other administering organizations) also have rules that will often be specified to govern the arbitration. The choice of an administering organization can be important. The use of an administering organization adds a layer of expense in the form of various fees. In addition, the parties must pay the arbitrators’ fees, which can be quite expensive.

Conclusion. The purpose of this article is not to argue for a particular type of dispute resolution provision, but rather to point out the need for parties to consider them carefully before signing a contract. In most instances, the dispute resolution provisions will never come into play. When there is a dispute, however, they become extremely important.

8 Secrets to Avoid Immigration Disaster For Your Business

Secret #1 – Put it in writing. Develop an easy to follow written immigration policy including the basics of Form I-9 preparation, the I-9 storage and retention rules and a summary of both the federal and state immigration rules. Include procedures to investigate any claims of unauthorized employment or fraudulent documents submitted during the I-9 process.

Secret #2 – Train, train, train! While a well written training manual is a great roadmap, you must take it for a test drive to know whether it will lead you to successful compliance. All employees responsible for hiring or completing the I-9 forms should be trained and re-trained at least once a year.

Secret #3 – Audit. Check and double check! Employers must periodically verify their I-9 forms are in proper order and personnel are complying with the I-9 requirements. A systemized audit is the best way to do this. An internal self audit of the I-9 forms by experienced HR managers on monthly, quarterly or bi-annual basis is recommended. Also, hire an immigration attorney to conduct an I-9 audit annually. The attorney will know how to identify, edit and correct I-9 form errors and recommend improvements for I-9 compliance and training.

Secret #4 - Enforce the rules. Your company is not protected by a compliance policy that is not followed. Require individuals with I-9 oversight to strictly compliance with your policy and hold them accountable if they do not.

Secret #5 – Investigate reports of violations. Employers must develop and implement a nondiscriminatory, consistent, and effective process to investigate credible reports from individuals who allege unauthorized employment, document fraud or identity theft. Considering that ICE audits are often triggered by “tips” from concerned citizens, a prudent employer must take seriously any tips it receives.

Secret #6 – Require I-9 compliance from subcontractors. A company is not required to monitor I-9 compliance of its independent contractors unless the company knowingly uses the contractor to hire unauthorized workers or knows the contractor hire unauthorized workers. To avoid any charge that your company knew of sub-contractor violations, take steps to use only compliant contractors. With the help of an immigration attorney, a cautious business may include contract language holding the contractor responsible for their own immigration compliance and reserving the right to cancel a contract if the contractor is found to have violated immigration rules.

Secret #7 – Use E-Verify with caution. E-Verify is an internet-based program that was established to allow Employers to verify workers’ employment eligibility with the DHS and SSA. E-Verify is not a substitute for the I-9 process and does not guarantee compliance or provide your company with protection against audits or claims of discrimination. Before taking any action against an employee based upon E-Verify results, consult with an immigration attorney.

Secret #8 – Consult an immigration attorney before taking any action against an employee. An employer must balance both the verification and anti-discrimination rules of immigration law. While there is never a guarantee against a lawsuit or prosecution, Employers must consider both these rules to avoid any claims of misconduct. A knowledgeable immigration attorney can help you manage these risks, update you on any changes in the law, and advise you as to the lawfulness of termination before you take that step.

How to Find Out If a Radar Detector is Legal Where You Live

While radar detectors can be a very convenient device to carry in the car with you, whether or not they are legal varies from state to state. It is important to know your state’s position on the matter before you decide to use a radar detector.

It is a fairly simple process to discover the rules, and you should understand all rules that relate to radar detectors. It is almost always illegal to carry a radar detector in a business or commercial vehicle, and it is completely illegal to use one on a U.S. military base of any kind, anywhere.

The first place to visit is your state motor vehicle website or office. They will not flag your license plate number if you ask them the question and it will in fact show responsibility on your part, because you’ve bothered to ask. You may be surprised at the number of people who do not check this information and then claim ignorance when caught.

You can also contact your local police department and they should be able to assist you with a quick yes or no answer. There may be further clarification needed on certain situations so don’t be afraid to ask for it. Police are not ignorant to the fact that people use these, and will know whether it’s legal in their jurisdiction.

If you travel regularly, then it is your responsibility to find out the rules in other states. This can be done with a simple web search or looking for the appropriate governing body online or via telephone. If you are caught out of state and hit with a fine, ignorance or living in a legal state will not protect you from guilt.

If you are discovered with a radar detector that is not legal, then you will end up receiving two fines – one for speeding if this has been recorded, and another for using the device in the first place. Even if you are not speeding, simply having a radar detector in your vehicle can be an offense so it is best to remove it or conceal it if you’re traveling interstate.

While it may be appealing to continue to use the product illegally, you must understand your rights and responsibilities. If you’re caught you may also have the radar detector confiscated, which is potentially hundreds of dollars down the drain along with the cost of the fine.

It’s also very important to learn of any nuances with the state regulations before you get pulled over. For example, in some states they operate on weight – if your vehicle exceeds a certain weight level, then radar detectors can be illegal.

Also keep in mind that laws can change. What was accurate three years ago may no longer be the case so it’s worth checking regularly for updated information. A change in law since the last time you looked into it does not mean you can be exempt from fines. Knowing if a radar detector is legal in your state or those you travel to is your responsibility and therefore worth finding out.

What Kinds of Rights Suspects Have After Being Arrested

When you’ve been accused and arrested for a crime, the whole ordeal is scary. However, if you know and understand your rights, you can assist your criminal defense attorney with your case. No matter where you live, there are laws governing and protecting you when you’ve been arrested. It’s important you know the laws and your rights so you are legally protected during the arrest.

You should know what the legal grounds are for a police search. When you’re arrested, they have the right to search your body and clothing along with any belongings you carry with you. The only time a police officer can search your car (without a court order) is if they arrested you while you were in it or you gave them permission to search the vehicle. It’s best not to give them this permission without first talking with a criminal defense attorney.

The first right you have after being arrested is the right to keep silent. This right allows you not to say a word to the officer, whether or not you are guilty. Until you have spoken with a criminal attorney, keep the mouth shut. It doesn’t matter if you’ve committed a crime or not, you could say something that could accidentally incriminate you. Allow your criminal defense lawyer to come to your rescue before you make statements to the police.

Even if you’ve made a verbal statement to police, they’ll need a written document of it. You can refuse to do so. People don’t tend to realize that they should wait for an attorney before they make statements and tend to tell the police what they know. As they are talking, they realize they should wait for their legal counsel to help them and stop talking. It’s during this point at time that the police will ask you for the written statement; refuse to give it to them.

You have the right to have some kind of legal representation for you. If you’re unable to retain one yourself, the courts will provide a criminal attorney for you. When the police are talking to you and you ask for a lawyer, they must stop questioning you at once. The best way to deal with any question is to tell them you want a lawyer. Questioning may begin again after you’ve talked with an attorney.

You also have every right to ask for bond from the judge when you’re in arraignment. This bond will allow you to keep out of jail while the investigation is ongoing and the trial is taking place. For some situations, it’s not uncommon to be released by your own recognizance, which means you give your word to appear in court (without fail) and don’t have to post any money upfront. Some situations require family members/friends to post money for the bond. How much you need to post is up to the judge but an experienced criminal defense attorney can help negotiate these terms.

While some rules have an exception, your right to an attorney and remaining silent are fixed. You certainly don’t want to incriminate yourself with police intimidation tactics; if you notice you’re in trouble, call a criminal defense lawyer right away. Your attorney will keep you from making a bad circumstance worse.

Tips and Information About Changes in Floridaâs Custody Law

Custody litigation in Florida was turned on its head by the new Statute dealing with all family law cases now being filed in Florida. There is no longer “custody” or “primary residence”. The Judges will put into effect a “Parenting Plan”, unless the parties agree to one themselves. The Plan will set out which parent is responsible for specific issues, such as day to day decisions and educational issues. The Plan will set out how the parents and children will communicate with each other. This Plan will incorporate the year around schedule for the children and who they will stay with during what times. This “time sharing” is where the concept of custody will be played out. For example, the old reasons that a parent may have thought that they should have ‘primary custody’ are now going to be used to ask for “majority time sharing”. The goal would still be to have the children staying overnight a majority of the nights, but the language must be totally different. For better or for worse, any time either parent has more than %40 of the overnights over the year, there will be a pretty significant impact on the child support calculation.

The judges in some areas of Florida are treating this new law as a reason to grant 50-50 time sharing in many cases, a result that you would not have seen very often before the law change. It is important to know how your particular judge sees this issue before spending a lot of money litigating this issue if you do not have very strong reasons that this equal time split should not happen.

The judges will be looking at many factors if there is a trial, including the schedule and ages of the children, the historical roles and day to day caretaking that both parents have had responsibility for, the desires of older children (very rarely will children be permitted to testify, usually that will be told through an appointed Guardian ad Litem), any special needs of the children, the location / logistics of any proposed time sharing plan, the likelihood of each parent to foster a relationship between the children and the other parent, and always anything that bears on the best interests of the kids.

As always the cost of litigating disagreements over where the children live is expensive, and because there are so many specific factors that the new law says judges have to look at, it may be more expensive now than ever…and there is no “custody” to win!

As was always the case, if a negotiated settlement about where the children will stay during school times, during breaks, and over holidays can be developed between the parties, everyone wins. Those plans that parents develop and agree to must have particular subjects covered, so if you are using a mediation service, make sure they are aware of all that must be included. The more specific the agreement, the more it indicates all subjects have been discussed, which lessens areas of disagreement later. Most parties will continue on parenting together and may never look at the documents again, but it is good to have there in case new partners or other life changes cause relations to deteriorate for a time..it is good to have a fall back that no one can question.

Keeping the childrens needs at the front of everyone’s mind during the divorce can be difficult. Whatever happens with the time sharing schedule, in Florida it is almost assured both parents will have shared parental responsibility, meaning full rights to ongoing access and say in all important aspects of the raising of the children. Both parents making decisions together, and finding ways to deal with disagreements as all parents (divorced or not) must do..that has to be better for our kids.

The Criminals and the Process of Money Laundering

Each year the US government prosecutes hundreds of people for money laundering. As new markets arise both at home and overseas, so do cases of money laundering. Globally, not all banks are forced to report suspicious activity, whereas some are. Transferring high sums of money becomes easier as the steps taken to track them become harder.

Money laundering is a simple case of transferring money, usually from country to country, to obscure where it all came from and to fool authorities into thinking all of their illegally obtained money came from legit sources. Money that is found to be linked to criminal activity is then seized by law officials.

Common Criminals:

-Drug Dealers: Drug dealers usually deal with large amounts of cash, making it difficult for authorities to make a paper trail. Large amounts of cash raise red flags.

-Mobsters/Gang members: Like drug dealers, these individuals perform many cash transactions while maintaining safe networks overseas.

-Bad Politicians: With greater access to money and lobbyist networking, the act of money laundering can seem to be one of the best way to protect one’s assets.

-Bad Public Officials: Mainly, anyone in a position of authority whose actions normally go unquestioned will take advantage of an opportunity like this.

-Embezzlers: Cases have proven that people who have taken money from an employer or their own place of business will normally partake in activities to hide these newly acquired assets.

-Con Artists: Any person willing to deceive someone out of their assets is more than willing to clean up his or her tracks.

-Terrorists: Terrorists are big in money laundering. Terrorist activities must be financed, otherwise explosives and other weaponry would not be an obtainable asset.

As complicated as the process of money laundering is, there contains three primary steps: Placing, Layering, and Integrating.

Placing: is essentially depositing the “bad” money into a well-established financial institution such as a bank. More often than not the deposit is made in cash. This can be a very risky move, depending on if the bank abides with bank-secrecy laws or bank-reporting laws. Sometimes, the launderer will diverse his “earnings” over a number of banks to decrease the deposited amount.

Layering: is the most complex step in the laundering process. This involves channeling the money through financial institutions with the intent of obscuring its origins. Launderers may purchase expensive items such as jewelery, yachts, or cars in order to change the money’s form. Again, obscuring the source is key.

Integrating: is the last step in the process where the tender enters the economy with the appearance of being legally earned through a legal transaction. Here the money launderer can figure out how he or she will use his or her resources, such as a privately owned company, to make “company profits” or “company expenses”.

To find out more about money laundering and what the consequences are, contact the Manhattan business attorney, Ellen Rothstein.

Understanding LLC and Its Advantages For the Landlords

If you are an owner of a rental property, either for residential or commercial space, it is wise to form a LLC to deal with your property. It is a given fact that this type of business is very unpredictable. If you will not be aware of the ins and outs of the industry, then you can be in litigation. But if you are a smart investor, you have an insurance ready for cases like that. To ensure a more organize flow of your operation, it is best to put your rental property under a LLC. Though this might not be the ideal option, but it restricts the claims of LLC creditors to the LLC assets as well as protects your home and business from the creditors.

Take a look at some of these cases so you can fully understand the importance of LLC. The limitation on liability is not idea. If you are liable for doing some jobs like removing of snow and you did not do it and unfortunately such removal resulted to an injury, you can probably be involved as the person liable for such job and not simply as the owner. The role of LLC will limit your contractual liability to the point that the contract is only within the LLC and the other party and in not secured by you.

If you categorize your LLC with only one proprietor, you will be free from filing your own tax returns. It can belong under the Schedule C on your personal tax return. However, if your LLC has two proprietors, like husband and wife, you will need to file a separate partnership tax return. If you are married and one of you happens to be the LLC owner, one of you can receive the LLC membership if the initial owner dies. The long and short of it, a multiple-member LLC needs to file its own tax return. As married couples and want to have a more organized procedure, you need to be comfortable the one of your will own the LLC.

To be able to give the limited liability that is usually presented by the LLC entity, you have to claim that LLC is distinct from you. It should have its own bank account. You are not allowed to use any amount, from LLC’s bank account, for personal purposes. And the LLC must be the one to engage in any contract and not the owner itself.

Lastly, your mortgage holder may not be in favor about your transfer of ownership of your property to the LLC. Most of these mortgages would require you to pay off the balance before any necessary transaction is done. In mortgages, if you plan to transfer the real estate property into a LLC, it should be considered sold first. But there are cases that you can renegotiate this rule if you put up LLCs for rental properties. There are also other cases that they conduct the transfer hoping that the mortgage holder will not be aware of the transaction. But be careful with the risk involve when you do this. The lender can any time consider the loan due because of the violations made under the due on sale clause. This is in the case if you have successfully transferred the property and was caught by the lender. And once the loan is called due you may either refinance it or must be paid in full. The worse consequence of your actions is that you might end up paying a more expensive loan later on.

With all of these pointers, think it over and decide whether LLC option will work best on your business.

Vigilance Against Identity Theft

A crisis has a way of making people do crazy things. The onset of the global financial crisis left many on the verge of financial breakdown to add to this many people have tried taking advantage of these helpless people. Identity theft is one of these crimes which have burdened many people.

Identity theft has become a prevalent crime especially among those uninformed of its disruptive and destructive nature. By simple definition, identity theft is the malicious acquisition and use of another’s personal information to gain something or use it to swindle and do fraudulent transactions. One of the most common motives behind this crime is to enrich oneself at the expense of another. This damage is not only financially but in other aspects as well such as personal and social.

If you are not very keen on securing your personal data, you may not know that you are already a victim of identity theft. You may not know it not until you already receive your credit bill and be shocked to see items that you haven’t purchased. It is never too late to be vigilant and start being aware of steps that could save you and your financial accounts.

To start with, you should first look into some of the most common indication that you are already a victim of identity theft. Aside from the one mentioned earlier about charges you would be shock to see in your credit card statement another sign is when you don’t receive statement of accounts regarding your credit card and other bank accounts.

When you don’t receive these important documents one of the might be that they are already in the hands of the thief. As a victim of identity theft you are also prone to receive phone calls asking for payment of fees for items and even services you have “supposedly” availed. Another warning sign will not escape your attention since it involves being turned down by credit companies which you also did not apply for which you will know after receiving letters of denial. All these might be already happening to you thus scrutinizing your financial life might be good to do right now. If you don’t find anything then good for you but you shouldn’t be very comfortable with this since identity thieves might strike any time.

But if you find out otherwise, immediately talk to someone from any of the credit reporting agencies and tell them what you have discovered. Ask them to put an alert on your credit accounts consequently you should also immediately close the accounts which the thieves got their hand into. By closing these accounts you have already done a great step to prevent the thieves to cause more harm.

Don’t forget to file a formal report to the police station where the incident of identity theft happened. It should include the things that you notice like not receiving of your bank or credit card accounts or getting calls from companies trying to collect payments for goods and services you haven’t purchased. Lastly go to the Federal Trade Commission to file a complaint.

Are You Facing a Theft Charge? Hire Yourself a Reputable and Experienced Criminal Defense Attorney

When you’re charged with a crime, the experience is not pleasant and theft charges can be quite complicated to muddle through. After all, there are several different types of theft charges; some are misdemeanors while others are felonies. If you’re facing theft charges, it’s important you know the different kinds and what they mean. You can get through this by finding yourself a criminal defense attorney and retaining his/her services.

An experienced criminal defense lawyer will be able to assist you in your criminal defense case. The attorney will know the difference between the theft charges and help you to understand what your options are. If you don’t have this knowledge, you’re less likely to be successful in your criminal defense.

While you’re assured an attorney by the Constitution’s Bill of Rights, that doesn’t mean you’ll get the best-representing attorney. Public defenders have experience in many factions of the court law so they may have some experience but not the experience you’d want for your case. Look for legal representation that knows what they are doing rather than someone who is learning alongside you.

While court-appointed attorneys do their best to represent you, they have many court cases they must contend with. A large caseload often requires them to accept plea bargains even if it’s not in your best interest. Make sure that your attorney will weigh the options before he/she recommends what route you should take.

If it looks like your case is heading to trial, find an attorney who’s got plenty of trial experience. Arguing a case is much more than strongly telling your side of the story; it also includes filing the right motions or introducing evidence into court. It also involves knowing how to sway the jury with the knowledge of the human nature. If your attorney has plenty of courtroom experience, they’ll give you the best defense possible.

When you’re trying to hire an attorney, you want one that makes you feel comfortable. It’s not uncommon for people facing theft charges to feel uncomfortable talking about the case, as they feel judged before they’ve had a chance to explain their side of the story in court. Your attorney should listen to you with an open mind and discuss with you all points of the case.

Your criminal lawyer should have positive results in prior theft cases. While you’re unlikely to find a lawyer who’s won every single one of his/her cases, you certainly don’t want a criminal lawyer who’s never won a case. What you should look for is a lawyer who’s got a strong acquittal record as well as plea-bargains or dropped charges on minor charges.

Regardless of what crime you’re accused of and charged with, you should find the legal counsel that will give you the best representation possible. Make sure the counsel you get has a history of winning theft cases and that you’re comfortable talking and working with him/her.