- Avoid These Common Immigration Mistakes Employers Make
Any employer looking to hire people who are not yet US citizens may have some difficult work ahead of them. The immigration process is not simple, by any means, and dealing with all the paperwork and legal ramifications of immigration can make your job as an employer harder than ever.
If you are going to avoid some of the more common mistakes that employers make when it comes to immigration, then you should look at the list below. Hopefully, it will help make your job just a little bit easier.
- Don’t apply for immigration too late. If you don’t start the process as soon as possible, your employee may not be able to start working by the time you are ready to have him start. The immigration process can take a while and you need to make sure you get the ball rolling as quickly as possible. Gather the requisite paperwork, find your candidate and start the filing paperwork just as soon as you can.
- Watch the filing deadlines. Every form you have to file for the immigration process will come with a deadline. Pay attention to those deadlines and don’t let them pass without having the proper paperwork filed. Many of the immigration applications have a certain quota. Once those quotas are filled, no more applicants will be considered until the following year. Make sure you are hitting your deadlines so your employee can get through the process.
- Provide sufficient supporting documents. You will find that with a lot of the application process, there is no set minimum amount of documentation nor is there a maximum limit. That gives you lots of room in which to decide how much documentation you are going to present to support your immigrant’s case. If you want to present the best case possible, then you need to gather as much documentation as you can. Make sure the documents are reviewed for accuracy and relevancy before you file them. An immigration lawyer can help you with that to ensure that your application gets through.
- Don’t forget to sign and completely fill out all applications. If you are filing a lot of immigration applications, it is possible that you will miss some details. You might forget to sign a document here or there or miss a box you are supposed to fill in. These small mistakes can cost you, as they will mean that the government will send your application back for you to finish completing. So save yourself the trouble and make sure everything is filled out as it should be before sending it off.
The best thing to do when dealing with the immigration of employees is to have an immigration lawyer look over everything at every point, advising you on what to do and what your best course of action is to take. You can find immigration law help in Carson City, and if you are employer trying to bring in some employees from outside the country, then an immigration lawyer is your best bet.
- Legal Matters: What is Probation?
Probation is a sentencing process that allows the offender to avoid jail or prison altogether. Instead of being confined, the person is allowed to resume to resume their normal activities in the community. However, in exchange for avoiding the jail sentence, the person will be required to abide by several terms and conditions which are determined by a judge.
Probation periods typically last anywhere from 1-5 years. Violation of probation conditions can lead to additional legal consequences. It is worth noting that probation is different from parole, which allows a person to be released from jail after they have served at least a portion of the jail term.
What Are Some of the Terms and Conditions for Probation?
Some common probation conditions are:
- Obeying court orders and judge mandates
- Abiding by all laws and criminal statutes
- Attending regular meetings with a probation officer
- Abstaining from alcohol and drugs
- Being subject to random alcohol and drug tests
- Informing officers of any changes in residence or employment
- Limitations on travel
- Being subject to announced and unannounced visits from a probation officer
Thus, probation violation may occur if the offender avoids, refuses, ignores, or violates such conditions.
What Are the Consequences for Violating Probation?
A judge has broad discretion to impose penalties for probation violations. State laws may also restrict the sentences. Depending on the severity of the violation and the underlying offense, disobeying probation terms can result in:
- Revocation of probation privileges
- Large monetary fines
- A brief period in jail
- Imposition of the original jail or prison sentence
Other penalties for probation violations can include:
- Attending mandatory rehabilitation programs
- Performing community service
- Enrollment in behavioral corrections program.
How Does the Probation Hearing Process Work?When probation is violated, the violator will first receive either a warning or a request to appear in court for a hearing. At the hearing, a judge will determine whether probation was actually violated, and what the possible consequences should be. The judge will consider the nature and seriousness of the violation, as well as any prior history of violations. Repeat violations will lead to more severe punishments than for first-time violators.During the probation hearings, defendants have the following rights:
- The right to receive notice, in writing, of the alleged violations
- The right to be heard by an unbiased judge in court
- The right to be represented by an attorney
- The right to present witness testimony and evidence in support of your defense
Finally, and perhaps most importantly, the standard of proof is lower in a probation hearing than in a standard criminal trial. In a criminal trial, the prosecution must prove their case beyond a reasonable doubt. In a probation violation hearing, the prosecutor only needs to prove the violation according to “preponderance of evidence” standards, which has been interpreted to mean a likelihood of greater than 50 percent.
Should I Hire a Criminal Attorney for Violations of Probation?
If you have been accused of violating probation, you should contact probation lawyers in Orlando, FL for advice before you proceed any further. It is important to understand your rights in a probation hearing in order to avoid and minimize further legal consequences, and most importantly, protect your freedom.
- Estate Planning: A Responsible Step
Imagine a scenario. It’s not a comfortable scenario.
You’re thirty-four years old. You have a job, a house, a small amount of savings, and a car. You’re married, with two young children; your wife also has a car. You have a small amount of money set aside for retirement, but you’re really not thinking about that jut yet – does this sound familiar? You and your wife have a small joint bank account, as well as your own separate bank accounts. You have a cherished family pet with another ten to fifteen years left to live, and your children would be devastated at its loss.
This is a complicated array of considerations to take into account if you were to suddenly and irrevocably become disabled. Complicated situations tend to translate, within the context of our legal system, into long, drawn-out, and painful court engagements.
Imagine that you’re suddenly in a car accident. You become permanently disabled – you’re paralyzed from the waist down. You have to deal with large numbers of well-meaning people who proceed to demonstrate that they are as thick as mud by telling you that “you’re lucky” and “it might have been worse.” The general sentiment is that you should count your lucky stars – that’s assuming that there is somebody available to wheel you outside so you can see them, right? Preferably, someone who won’t leave you there.
Suddenly, you have to worry about the cost of your care. You’re lucky enough (sorry) to have a job which can be carried out from a home office, as well as a boss who is willing to support you in making that transition, but you quickly accumulate a moderately sized Krakatoa of debt; now you’re risking the seizure of assets in order to pay that debt off.
Four years down the road, your wife decides she’s had enough. At this point, she’s thirty-four, you’re thirty-eight, and she’s decided that this isn’t the life she wants for herself for the rest of her years, or until you pass on… which, statistically, is going to be at a very young age, potentially leaving her a decade or two further on down the road in a precarious financial position herself. You call your now ex-wife a lot of angry names that you mean to varying extents, despite some of them not making much sense, but you’ve still got to figure out what’s going to happen to your children – because the court, without a plan in place, is not going to leave them in the permanent care of someone who is physically disabled to the point where they require assistance to survive on a day-to-day basis.
An estate planning lawyer is an attorney – or, potentially, an entire legal firm – who will help you through this crucial step of adulthood that so many tens of millions of people chronically neglect due to their sense of discomfort at confronting the facts of their own mortality. Nobody wants to think about the possibility of their dying or becoming permanently disabled, but when such a thing happens (the one, in particular, is more or less an eventual guarantee) “not having through about it” can leave your survivors in a state of grief, only to find themselves having to scramble to pick up the pieces of your liquidated assets. Personal possessions, including vehicles and property, will be sold off for a fraction of its actual value, and the government will provide you with a percentage of the remainder… and if you have dependent children, and haven’t made arrangements for their care, the government will determine what is best for them as well.
Having a legal professional – or a team of them – work out these issues with you in advance is a genuine Godsend. It leaves your loved ones with a small amount of security and piece of mind while they grieve, knowing that your estate is being responsibly cared for in accordance with your particular wishes.
- How to Reinstate your Driving Privileges
One of the natural consequences of having been charged with DUI is the loss of driving privileges. There are generally two different procedures that end up with the suspension of a driver’s license.
Positive Testing: If you are stopped and accused of DUI, chances are that you will be requested to take any of the drug tests approved in the states of Illinois. This drug screening procedure could mean taking a drug breath test, a blood test or a urine test. If any of these tests are positive, your driver’s license will be suspended for, at least, six months.
Refusal to Take Tests: If on the other hand, the suspected driver were to resist testing, the driver’s license would be suspended for a year or longer. Just the sole act of refusing to undergo testing constitutes a breach of the law in itself.
Either way, the loss of your driving privileges is the most frequent and first outcome of DUI. So far, this matter would seem to be unsolvable. Nonetheless, with the help of a professional Chicago Illinois Traffic Lawyer, you could get your driver’s license reinstated successfully.
How Attorneys Can Reinstate your Driving Privileges
One of the advantages of hiring well-trained professional attorneys is that they are capable of achieving results that would otherwise be almost impossible to obtain. For example, to get back driving rights. Lawyers at Gruszeczki and Smith know exactly what to do in order to guarantee that your individual rights will not be trespassed in any way. There are several strategies used to help reinstate a person’s driving privileges.
Finding Flaws in the Procedure: Since Gruszeczki and Smith have been prosecutors themselves, they know just what (and how) law enforcement officials do in each and every step along the way. They are also familiar with common mistakes made throughout these procedures. There are three important moments to pay attention to.
While the Driver was still driving: many drivers are charged with charges of alleged DUI because of certain external factors. If the officers fail to inform the driver about their rights or issue an improper warning concerning their duties, the process may be challenged, thus making it easier for the case to be dismissed at the hearing.
During the Testing: Drug testing is yet, another challenging issue in the many processes involved. For one thing, if the drug test has not been properly administered or if there has been any instance of police abuse or harassment, the whole evidence based on drug tests results may be challenged.
During the Trial: This is the most critical moment for the defense. If the case has been actually taken to court, it means that there is a chance of actually being convicted. Still, with the aid of skillful counseling, this moment is also a good time to challenge any of the evidence or procedures that may have presented flaws.
For more information on how to get your driving privileges reinstated, look for information about Gruszeczki and Smith Traffic DUI Law .
- Car Accidents Demand Legal Representation
Car accidents, however serious, are always sad affairs. The best-case scenario is that only your car has been damaged. The worst-case is of course damage to the people inside the car. It can be a very emotional and difficult time, and this can be further complicated by a legal case after the event.
However, if you have been in a car accident, you may be able to receive some compensation for the ordeal you have been put through. There are often significant medical costs, loss of time at work, and of course the physical damage done to your body.
In this difficult time, it is essential that you hire a car accident attorney that you feel comfortable with. Sometimes, cases like these take a long time to resolve and it is imperative that you get on with your attorney. Of course, it is also vital that they are well experienced, and can win you as much money as possible! Like with any type of attorney firm, there are very capable people who will do a great job of representing you. Sadly, this is not always the case. It is therefore very important that you spend some time considering which attorney to go with.
You will know that you have a particularly strong case if you have several different firms offering to represent you. To gauge this at the outset, it is worth meeting with several different companies. In fact, the more people you meet, the best chance you have of a successful result.
Within this type of law, it is typical for consultations to be free. Afterwards, you will be informed if the attorney is interested in taking your case. There is actually very little personal risk because if you lose, you typically pay no fees. If you win the case, your attorney will simply take a cut of the payout. It is always worth clarifying these details before signing anything, though.
In car accident cases, and other such accident related cases, the quicker you proceed the more chance you have of winning. Beginning legal proceedings is almost the last thing anyone wants to consider before being involved in a crash, but the point does remain. It is always helpful to have a lot of support from friends and family during this time.
Oftentimes, the most stressful part of the whole process is actually deciding which attorney to go with. Once you have begun working with an attorney, they will take over all the legal details and allow you to focus on your recovery. The more serious your injury is, the more important this period of recovery is! Rest and recover well, and trust that your attorney will be able to win you the compensation that you deserve.
Whichever attorney you go with, make sure you feel comfortable with the person because you might be spending some time getting to know them. Once the legality has been resolved, you can continue with your life.
- Divorce and Navigating the Legal Process
Regardless of what the minister said at your church wedding, some marriages do not last “till death do us part”. In fact, some couples seem to break up almost overnight, when it was only yesterday that they were making eternal vows to each other. Statistically, divorce rates are going up in the state of California, at increased speed. Only those who have undergone the process are able to understand the anxiety and distress that comes hand in hand with each step. If you are a California resident who is getting divorced, you will have to wait for at least six months for the whole process to end –this is according to law. Luckily however, with the help of a shrewd and experienced divorce lawyer, this process may be sped up significantly.
Why Hire a Family Attorney?
There are many reasons why a divorcing couple should look for professional counseling. For one thing, the whole process of divorce is complex and involves both highly personal and strictly legal issues. But the most challenging aspects of family law concern sensitive issues, such as child custody, domestic violence or unfaithfulness. Most people have a hard time understanding what so much legal terminology stands for when their whole lives seem to be falling apart. This is where a family law attorney can be of great help. Take the lawyers at Pocklington Law offices, for example. Since they live and work in California, they know all about the state law and can help you understand divorce and its legal technicalities much better. Furthermore, the most important aspect of hiring a resourceful, yet completely trustworthy attorney is that they can help you surf the waves of emotions when it comes to negotiating and settling.
Why not ANY family attorney?
Even when a divorce may seem to be lengthy and extremely challenging, once it is over, many people turn back and wish they had done things differently. This is why authoritative, experienced help is more than an asset in times like this. There are many attorneys available in the state of California. However, not all of them are capable of handling a divorce successfully. Many inexperienced lawyers have not only been of little help to their clients, but have proved to be absolutely detrimental to the person’s needs and wants. Besides, these types of family lawyers need to combine both professional abilities with a great deal of compassion. After all, this is for most people, the hardest time in their lives.
What a Divorce Lawyer can do for you
The first and most important thing a divorce lawyer can do for you is educate you on divorce laws, issues and terminology. They can also illuminate you on your rights (and duties for the same matter) concerning children or property, for instance. The second aspect a divorce lawyer can contribute greatly with is objectivity. No divorcee is cold-headed or objective, so an unbiased view on the matter can come in handy, regardless of what you think is going on.
Hiring the right family attorney can make a great difference: the sooner you seek professional advice, the easier it will be to come out of the process unharmed.
- Critical Dimensions of a Criminal Defense
Thanks to our colleagues at Grozinger Law, we share a brief essay to help you appreciate the dimensions of criminal law. They are one of the premier criminal defense alternatives in Orlando.
In every criminal trial, the defendant faces a critical strategic decision: to testify or not to testify. Those outside the criminal justice system tend to view this decision in simple terms, believing that the innocent will take the stand and tell their side of the story while those with something to hide will not. Experienced criminal lawyers know that the decision is far more complex and rarely has anything to do with guilt or innocence.
Testifying is fraught with peril for any defendant. Guilty or innocent, if the defendant takes the stand, the case will likely turn on his performance as a witness. With so much at stake, the pressure on the defendant is enormous. One false step and he could lose his case. During cross-examination, a skilled prosecutor will attempt to confuse him and twist his words to make it appear that he is lying. If he’s a bad public speaker or gets nervous and says the wrong thing, he may appear guilty even though he’s not. If the jury is turned off by his tone or demeanor, or simply doesn’t like him for inexplicable reasons, the defense may never recover.
Apart from the impression the defendant makes during his testimony, the mere act of testifying may have the unintended effect of lowering the burden of proof. In a criminal case, a conviction requires proof beyond a reasonable doubt, the highest standard of proof in our legal system. When the only evidence presented comes from the prosecutor, the jury focuses on whether the prosecutor has met that high burden of proof.
Once the defendant testifies, however, jurors tend to focus solely on who they believe, the defendant or the alleged victim. Rather than weighing the prosecutor’s case against the extraordinarily high standard of proof beyond a reasonable doubt, the jurors tend to weigh the defendant’s story against the prosecutor’s or the victim’s story. This effectively lowers the standard of proof to something approaching a preponderance standard (more likely than not) and dramatically reduces the chances the defendant will win the case.
Finally, in some cases, there is truth to the widely held belief that a defendant who chooses not to testify is hiding something. Court rules normally limit the evidence admitted at trial to that which bears directly on the alleged crime. Evidence of uncharged misconduct and prior criminal convictions is usually excluded for fear that jurors who are exposed to such evidence will convict the defendant just because they believe him to be a bad person rather than because they have been presented proof that he actually committed the charged crime. If a defendant testifies, however, he may open the door for the use of such evidence by the prosecution. Knowing that evidence of prior bad acts may prejudice the jury against him, the defendant may elect not to testify so as to avoid any risk of exposing the jury to such damaging evidence.
- Should You File for Bankruptcy Chapter 7 on Your Own? No!
Filing for bankruptcy is an elaborate process and the assistance of a qualified and experienced bankruptcy attorney can simplify the process. Debtors who file for bankruptcy wonder, should you file for bankruptcy chapter 7 on your own? No! is the answer. This is because of the procedures that vary from state to state and the means test that can preempt your bankruptcy moves. Many people take the wrong move of filing for Chapter 7 without a lawyer because they simply cannot afford lawyer fees and some don’t feel the need for legal representation. Well, this could be a disastrous decision.
Even debtors that are eligible for Chapter 7 bankruptcy need legal help to avoid pitfalls. In many cases self representation fails. There are many examples on how self help has failed in chapter 7. Statistics by the Central District of California has it that around 9 percent of bankruptcy filers have done so without an attorney. The number increased in 2007 to 20 percent. The Central District inferred from the studies that despite various referrals and programs it is not possible for all debtors to avail legal help. The studies also revealed that those without an attorney face the most problems in Chapter 7 bankruptcy case.
Consumers that files for bankruptcy in most cases are not aware of the after effects and the alternatives available. Ignorant debtors file under the wrong chapter. The logical choice would be Chapter 7 and Chapter 13. There is difference between the two and no all are eligible for either as debts are treated differently. There are loads of paper work involved and even after selecting the right chapter most debtors are at loss on what forms to fill and how to process. Filling the forms can at times be strenuous though there is online help available at bankruptcy court’s website.
The right property exemptions have to be selected in both Chapter 7 and Chapter 13 bankruptcy. The debtor has to know the correct laws and statute while filing on their own; else it could lead to rejection. In both cases of bankruptcy credit counseling is must. A financial management course also can help get a quick discharge. In case you are not able to evaluate your property, calculate the equity of your property, or lose your property it is best to take the assistance of a reputed bankruptcy lawyer in Fort Worth TX. It is definitely worth the money and effort.
- The Best Way to Settle Your DUI Case
The way to get rid of the hassles of DUI case is to consult an experienced DUI attorney. In the event of an auto accident that leads to damages or injury it is best to approach a reputed DUI lawyer. Irrespective of the fact that you are a mere victim of circumstances or if you have driven under the influence of alcohol every detail has to be noted to give a strong fight for your case. The wise thing to do when you are stopped for DUI is not to relieve more detail than is necessary for the officer.
There is not an iota of doubt that only a reliable DUI lawyer can get you out of the mess by dismissing all the charges against you or reducing them for lesser fines or jail sentence. This is possible only if you have a negotiator in place. Since the attorneys have a good rapport with the prosecutor, it makes the negotiation process easier. There are various negotiating methods to settle a DUI case. If the evidence is strong against you in the case, the attorney will work out ways and means to reduce your sentence. The attorney can work out a community service or education program that can turn out to be less tasking than fines or prison sentence.
For those who do not want to plead guilty and at the same time do not want to take up negotiations the only option left is a DUI trial. This decision goes to emphasize that you will not plead guilty and want to fight your case. Going for a trial will give you more time to build a strong case. This is where a lawyer can help you. Using their resources, they investigate the case and ensure that you are provided with a positive solution.
Only a qualified, experienced and reputed attorney with high success rates in DUI dealing can achieve success especially while on the negotiation table. We feel that the best DUI attorney in Orlando is Ladan Law, but always check any attorney’s case history to ensure that you are in safe hands. Remember that DUI involves many laws and regulations and a lot of time and effort is involved in getting ready for a hearing. A poor defense strategy can lead to negative ramifications. It may not just impact your driving records but also hamper your reputation and financial freedom. Find the best legal representative solution at the earliest to avoid unpleasant surprises.