Legal Atmosphere

• 21Feb

  DUI/DWI in Illinois is a Serious Offense

  Criminal Law, Legal Atmosphere No Comments

  Illinois addresses every instance of driving under the influence of alcohol or drugs (DUI), also known as driving while intoxicated (DWI), as a serious crime. People arrested for DUI/DWI in Carbondale, Marion, Benton, Harrisburg, or elsewhere in Illinois face both civil and criminal penalties that become increasingly severe with each successive arrest.

  Listed here are the penalties for a first DUI/DWI arrest in Illinois, with no aggravating factors:

  •    Driver’s license suspended for half a year if you fail the breathalyzer test, and up to one year if you refuse the breathalyzer

  •    Up to one year in jail

  •    Fine of up to 2,500 dollars

  You may possibly receive a Monitoring Device Driving Permit after the 30th day of your license suspension, which permits you to drive anywhere whenever you want, provided that you drive a car outfitted with a Breath Alcohol Ignition Interlock Device (BAIID). If you’re caught driving a motor vehicle without such a device, prosecutors will charge you with a Class 4 felony.

  The first DUI/DWI offense-defined as an actual first or the first in the past five years-qualifies as a Class A misdemeanor, so any prison time will be spent in county jail, not the state prison system. Subsequent offenses in Illinois receive harsher penalties, as do offenses in which your blood alcohol content is 0.16 or more, twice the legal limit of 0.08, and DUI/DWI offenses during which someone age 16 or younger was a passenger in your car at the time of arrest.

  Comparing and contrasting DUI/DWI with reckless driving

  Reckless driving is typically a Class A misdemeanor in Illinois. The criminal penalties remain the same: if convicted of reckless driving, you face up to one year in county jail and a criminal fine of up to 2,500 dollars. If you face a DUI/DWI conviction, your Illinois DUI defense attorney may advise trying to have your charge amended to reckless driving. The primary discrepancy between the penalty for first-time reckless driving and the penalty for first-time DUI/DWI lies in what will happen to your driver’s license.

  With a DUI/DWI arrest in Illinois, you face an automatic license suspension. Upon conviction, your license remains suspended for at least six months. When charged with reckless driving, the prosecutor can request to have your license suspended or revoked, but Illinois law doesn’t require him or her to do so. You are more likely to keep full driving privileges when charged with reckless driving than when charged with driving under the influence.

• 21Feb

  Information on Minnesota Bankruptcy

  Bankruptcy, Legal Atmosphere No Comments

  Should you face significant debt, comprehending bankruptcy can often be difficult. Lots of people delay determining their bankruptcy options for the reason that there’re nervous about experiencing a lengthy, drawn-out process or having to read stacks of confusing paperwork. A Rochester bankruptcy attorney can decrease the pressure and frustration of your bankruptcy filing and allow you to eliminate debt quickly.

  Minnesota bankruptcy information and facts

  Based on the type of bankruptcy you choose, you might need to liquidate assets and properties as a way to pay creditors back.

  Below is a checklist of assets that are exempt during an Olmsted County bankruptcy under Minnesota state law:

  •    Homestead. A real home, mobile home, or manufactured home may be exempt if the value is up to $200,000.

  •    Personal property. Certain personal property like appliances, furniture, radios, and televisions may be exempt if their value does not exceed $7,200.

  •    Trade tools. Trade tools including farm machines, equipment, livestock, produce and crops of farmers could possibly be exempt if their value doesn’t exceed a total of $13,000.

  Filing for bankruptcy in Rochester

  The 1st step you ought to take could be to contact an experienced Rochester bankruptcy lawyer. A knowledgeable lawyer will assist you to send in paperwork and answer any queries you may have. He or she can help you choose a type of bankruptcy that is suitable for your situation.

  Next, your attorney may help you file a petition with the local bankruptcy court. In this stage of the process, it is critical that your lawyer review all paperwork before you submit it. Lastly, you must attend a bankruptcy hearing. Creditors could possibly be present, although much of the time they won’t attend. Sixty days following your meeting of the creditors, if no lawsuits are filed against you, your debts are discharged.

  Bankruptcy eligibility

  Each bankruptcy chapter has certain eligibility requirements that must be met before a debtor can file.

  Below is a list of these requirements:

  •    Chapter 7. Any individual or business may file for Chapter 7. However, your monthly income may not exceed that of the median income of the state. Additionally, you must take a credit counseling course before filing for Olmsted County bankruptcy.

  •    Chapter 11. In order to file for Chapter 11, you must be a business or individual that accumulated serious debt. Additionally, in the past 180 days from filing, you can’t have failed to appear in court, disobeyed court orders, or have a rejected bankruptcy application. Like Chapter 7, you will need to attend a credit-counseling meeting.

  •    Chapter 13. To file for Chapter 13, are required to have consistent income. Additionally, your debts can’t be excessive, and you must be current on your income tax filings.

  Bankruptcy FAQs

  Here are some frequently asked questions and answers about bankruptcy.

  •    Do I need a lawyer? If you need to file for bankruptcy, it is not mandatory to hire an attorney. However, filing without a lawyer can be quite risky. To help make sure your information is correct and all your debts discharged, always consult an attorney beforehand.

  •    Are there alternatives? Yes. In fact, before filing for bankruptcy you should consider these alternatives together with lawyer. While bankruptcy can discharge your debts, you may have other options. For example, you may be able to contact creditors and work out a payment plan that is more suitable.

  •    What are the different types of bankruptcy? The three different types of bankruptcy are Chapter 7, Chapter 13, and Chapter 11. Meet with a Rochester bankruptcy lawyer to find out which is best suited for your situation.

• 15Feb

  Breach of the Standard of Care in Medical Malpractice Claims

  Legal Atmosphere No Comments

  Most individuals place a high degree of trust in their doctors and other medical practitioners, but the field of medicine offers few guarantees. Even the best medical treatment can result in injury to patients without qualifying for a medical malpractice lawsuit. One important factor in determining whether injuries result from medical malpractice involves comparing the actions of the practitioner against a standard of care, as set forth by state statutes. This often involves determining what reasonable practitioners might do under the same circumstances. However, making this determination often involves subjective analysis.

  The Journal of Clinical Oncology presents an interesting discussion regarding the meaning of standard of care from the viewpoint of the medical profession. This article makes it clear that the issue of standard of care can add significant challenges to medical malpractice cases.

  Medical malpractice cases can involve multiple defendants

  Many individuals may find it easier to understand the complexities involved in medical malpractice cases through a recent courtroom example. In this case, a nursing home patient who always received daily assistance to get to the dining hall at mealtime attempted to get there on her own when no one from the home came to assist her. She fell and broke her hip in the process.

  After an ambulance took the patient to the hospital, she received appropriate testing and treatment, including successful surgery that required her to remain in the hospital for observation. Three days after surgery, the patient developed a fever that staff noted on her chart, but another two days passed before the physician on call ordered a blood workup, which revealed development of a staph infection. In spite of the prescription of antibiotics, too much time passed, and the patient developed pneumonia and died 48 hours later.

  This case illustrates a breach of the standard of care by two parties:

  • The condition of the patient required that nursing home staff accompany her to avoid the type of accident that occurred when she tried to get to the dining room on her own. If staff members had accompanied her as they had done in the past, she would never have gone to the hospital in the first place.
  • The failure of the doctor to act promptly on the information noted on her chart caused her to die of an infection that the hospital could have effectively treated through immediate prescription of antibiotics.

  The attorneys representing the family of the deceased patient did not choose one defendant over the other. Both the nursing home and the hospital faced charges of medical negligence—and the courts found both defendants breached the standard of care and held them liable.

  Seek experienced medical malpractice legal support

  Proving a breach of standard of care requires medical expert testimony, and lawyers need exceptional skills to make sure juries clearly understand that testimony. The Bronx medical malpractice lawyers at the Law Office of William A. Gallina, PLLC have decades of experience handling complicated medical malpractice cases in courts throughout New York City. We take all cases on a contingency basis—we do not charge a fee unless we recover for you. If you or a loved one suffers injury due to the negligence or incompetence of a medical professional, call us at 1-800-GALLINA.

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• 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.

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