Legal Atmosphere

• 31Jan

  General Advice for Criminal Law Clients in Pennsylvania

  Criminal Law No Comments

  The criminal law process in Pennsylvania can be confusing and stressful. Here are some tips to keep the accused informed:

  1. DO NOT discuss the facts of your case with anybody outside of your attorney

  If anyone, including friends and family, ask you about the facts of your case, it is imperative that you do not discuss it. In addition, if the Police Department contacts you, you should immediately inform them that you have an attorney, and that you have been advised to not discuss anything without your attorney present. You can also pass on your attorney’s contact information. You should then immediately contact your attorney to inform them. Most likely, your attorney will handle all communication from that point forward.

  2. Keep your attorney informed

  Any time you receive new information about your case, it is important to let your attorney know immediately. This may include anything from new charges against you or a change in case status. In addition, it is also important to notify your attorney if your telephone number or address changes.

  3. Keep a documented journal, including photos

  It is extremely important to record everything you can surrounding the events leading up to your case as well as your version of events from the incident resulting in charges. Make sure to photograph anything that may relate to your case, including vehicle damage, injuries, accident sites, etc. It is important that you remain active in your own defense, and it is always better to have too much information than not enough. In addition, if you are advised by your criminal law attorney to attend meetings or fulfill any other tasks, you must provide written proof that these were actually completed.

  4. Respect the court

  If you are required to appear in court, make sure to show the Judge and any other Officer of the Court respect. Your appearance should be neat, and clothing should be business-like. Do not wear tank tops, shorts, or other revealing clothing to a court appearance.

• 30Jan

  Probate Litigation in New Jersey and You: How Your Will or Inheritance Could Be Affected

  Estate Planning, Legal Atmosphere, Uncategorized No Comments

  Probate is the process of carrying out the last wishes of a person who has died.  The probate process under New Jersey law is supervised by the Surrogate’s Court in each New Jersey County.  The estate’s representative collects the estate’s assets, pays the estate’s debts and tax obligations, and distributes the remainder of the estate’s property to the heirs and beneficiaries.

  The first step in the probate process is to determine whether the will is valid.  Some wills are presumed to be valid because they were prepared following the very strict guidelines of New Jersey law. Wills that do not satisfy these requirements must be proved in the Surrogate’s Court with the personal testimony of at least one witness to the will.

  New Jersey probate law allows an heir or a beneficiary to challenge the validity of a will.  The mere fact that a person is disappointed with a term in a will is not enough, however.  New Jersey probate attorneys know that there must be a serious question about either the way the will was prepared or the mental state of the deceased person at the time the will was signed.

  In addition, an heir or beneficiary may go to court during probate to have the executor―or any other personal representative―removed and replaced.  This type of action is based on the personal representative’s wrongful acts or errors that cost the estate money.

  The cost of probate litigation

  Probate litigation in New Jersey can be very expensive because it is conducted in formal proceedings in Superior Court, just like any other civil case.  But there are other, more serious consequences as well.  If a will is declared invalid, the estate is distributed in accordance with an earlier will, which may change the way property is given to you.  If there was no other will, the estate’s property will be distributed to the next of kin according to a rigid formula in the probate law of New Jersey.  This distribution may leave you out altogether.  In addition, if a personal representative is removed, you may not be happy with the person who is named as the replacement.

  Call on experienced New Jersey probate attorneys

  Clearly, a lot is at stake in New Jersey probate litigation.  The New Jersey probate attorneys at Parsons & Nardelli have decades of experience in probate practice and litigation.  If a will is under challenge, contact us for a free consultation.  Call (732) 842-6400 or toll free (888) 309-5589 or complete our contact form.  Located in Red Bank, we work with clients throughout Monmouth, Ocean, and Middlesex Counties.

• 25Jan

  Common Myths on Divorce in Austin, Texas

  Divorce Law No Comments

  Divorce is a subject that seems very familiar.  It is such a common plot device for TV shows that many people believe they know a great deal about the subject.  In fact, all too many people have misconceptions about divorce.  Such misconceptions can lead to a spouse giving up rights or unnecessarily modifying settlements.  An Austin divorce law firm can advise on your individual case and help you to avoid these pitfalls.

  Misconceptions regarding divorce

  Below are some common myths that your Austin divorce lawyer can help dispel for you:

  Misconception #1: The mother always gets custody of the children.

  Unless there are extenuating circumstances such as domestic abuse, Texas courts appoint both parents as Joint Managing Conservators. The idea is that it is always in the best interest of the children to have both parents.  Courts usually implement the Texas Standard Possession Order, which establishes periods when each parent has a right to custody and access to a child.

  Misconception #2: The court will require me to pay alimony.

  Alimony is not always a given in divorce settlements.  In Texas, there are two main types of alimony―contractual and court-ordered maintenance alimony.  Contractual alimony is usually an amount that is decided on by both parties as part of the divorce settlement.  A court cannot arbitrarily assign contractual alimony.

  Court-ordered maintenance can be issued by a judge if there is a large gap between the incomes of two spouses.  This is usually ordered so that the spouse with the lesser income can continue to maintain a lifestyle close to what existed before the divorce.  These court orders cannot last more than three years and cannot be more than $2,500 or the 20 percent of the monthly income of the person paying alimony.

  Misconception #3: My spouse will automatically get half my premarital property.

  Contrary to popular belief, a court cannot simply divest one spouse of separate property acquired before the marriage or purchased on his or her own.  However, a court can award the opposing spouse compensation on a property if that spouse contributed to raising the value of the property.  For example, if your spouse put in monies for home improvements on a property in your name, he or she is entitled to receive compensation for those monies.

  Tags: Austin divorce lawyer

• 23Jan

  How to Handle Police Questioning During a Routine Traffic Stop

  Criminal Law No Comments

  The scenarios wherein Police want to talk to, or request a statement from, a driver come in various forms.  The form discussed here will be when Police want to question a driver during a vehicle stop.

  It is common for Police to stop a vehicle for a Pennsylvania Vehicle Code “operator” violation, such as exceeding the speed limit.  It is also common for Police to stop a vehicle for a Vehicle Code “mechanical” violation such as a broken taillight. These mechanical violations are often beyond the control and knowledge of the driver, and justify a vehicle stop even if that driver is complying with all other Vehicle Code laws.  In either of these scenarios, Police are permitted to stop your vehicle, obtain basic operator information (i.e. license, registrations and insurance information), and issue a citation if it is required.

  However, at this point the scenario often changes, and drivers must be aware of their rights moving forward.  After Police have issued a written citation, the Probable Cause has been completed.  However, often times Police will engage in additional questioning of the driver, and possibly even try to search the vehicle.

  Once the original Probable Cause for the stop has been completed, Police generally need either new Probable Cause or your consent to search the vehicle.  If they do not have either, they generally may not search your vehicle.  Therefore, it is wise for a driver to refuse a vehicle search. This refusal should be made respectfully and firmly.

  In some cases, Police may insist upon searching or even threaten to tow the vehicle. If this happens, it is important for the driver to inform Police that they must speak with a lawyer immediately.  Typically, this request will end any further questioning.

  Sometimes Police will simply impose their authority and begin to search despite the driver’s refusal.  In this circumstance, a driver should remain silent.  After the search, they will need to hire a lawyer who specializes in criminal law, specifically in the areas of Search & Seizure/Fourth Amendment rights.

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