Thursday, February 23, 2017

Tips on How to Get Your Criminal Record Expunged


You may have tried to forget about that time when you and your friends had a little too much fun on the spring break of '97 or forced yourself to believe that "what happens in Vegas stays in Vegas". Although that breaking and entering incident happened way back when you were a college sophomore and that you got away with that little Vegas fiasco with just a month-long community service sanction, these can all go on your permanent record and can appear in background checks. For more grave crimes, it can even affect your chances of getting a reputable job or a loan from a bank.

Therefore, expunging or erasing your criminal records can reap a multitude of benefits other than just clearing up your conscience. It may be a lengthy process and a number of errors may come up but it will definitely be worth it. With that taken into account, here are some tips on how to get your criminal record expunged

Find out if your record can be dropped.

Most felonies and some serious misdemeanors can't be dropped off your permanent record. Offenses against children, sexual and violent crimes can't be erased. It's worth finding out if your criminal act can be expunged in the first place rather than going through all the processes only to find out it was all for nothing.

Give the judge a reason to allow the expungement.

Certain violations, even seemingly minor ones, can result in a loss of someone's rights. For example a person charged with a DUI may have his license revoked. In majority of cases, the offender may have to defend himself in front of a judge, even if it doesn't involve getting a right back. You need to make a good case for yourself to convince the judge because ultimately he decides whether you deserve a clean slate or not.

Show the judge how you can benefit from a clean record.

When convincing a judge, the best defense is to show how much you and others can benefit from the expungement. For example, if you have been stripped of your right to leave the country, explain how you have a family member in need of your attention abroad or something like that. Make sure your reason is convincing while still being truthful.

Begin the process early.

For most cases it can take four months to a year with a lot of waiting in between to clear your record, depending on the state you live in and the severity of the crime. Start by finding yourself a reputable lawyer and working on your paperwork early on to prevent any additional delays.

Be mindful of pretend lawyers and scams.

An attorney is not necessary to file for a record expungement. However, getting legal advice from someone knowledgeable in the whole process is a huge plus in getting your records cleared. Just be smart about the whole thing and be mindful of scammers who falsely guarantee you of a quicker process and certain expungement all for a steep price.


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Wednesday, February 22, 2017

Giving Someone the Power of Attorney


Power of attorney is a legal term in fact. This is a form or a document that is basically legal because it will be notarize by someone in the right position like the lawyers. Power of attorney allows some to have the authority to handle some other person's business affairs. There are two individuals involve in the process. The first is the principal which will authorize someone to act on his or her behalf. The second person is the agent or the attorney in fact who is appointed to carry out the task of its principal. In the United States, attorney in fact is the common term used; this person must be loyal and most importantly honest in carrying out his or her tasks. The attorney in fact may or may not be paid but for the record most principal would choose someone close to them to act as his or her agent. Usually the principal chooses individuals close to them as the agent because this individual acts as a confidant to the principal.

When making a power of attorney form, you should decide on what type you will use. This form may be limited or special and general. The effectiveness of its power ends when the principal becomes incapacitated or incapable or even before she or he dies. In this case, the principal will be unable to grant the power needed unless the grantor or principal will state and specify that the power of attorney still have its effectiveness even if he or she becomes debilitated. In case when the principal dies, so the effectiveness of the power of attorney ends as well.

There is also the durable power of attorney which encompasses an advance directive that sanctions the attorney in fact. In this position, the agent makes decisions regarding health care of the principal which now happens to be the patient. The decisions would include terminating care; consent to give or not to give any medication or procedure or treatment. An advance directive is very much different with a living will. A living will is a written document stating the patient's wishes regarding the health condition but this does not allow the agent to make any medical decisions.

In the end, it is really very important to understand power of attorney because giving or assigning this to another individual requires a lot of understanding. Yes, it is very easy to acquire such but then it will all end up when the agent would act upon the power of attorney.


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Tuesday, February 21, 2017

Advance Directives and Why You Need One


You've probably heard of advance directives, but are unsure of what they actually do and how they can help you. The truth is that these are a great way to plan ahead for your future, but they do require a bit of work upfront first. This is a good thing though, since it will save you time and energy later. It's better to have the work done before you actually need to do it so in a time of emergency everything is already sorted out beforehand.

The first thing to be aware of is the medical power of attorney, also called a healthcare proxy. This person is lawfully able to make medical decisions for you in the event that you are unable to. This includes when you are suffering from dementia and when you are not conscious. This is a big shoe to fit into, so to speak, so it is important that you select someone that you trust completely. Sometimes, you may want to select a backup healthcare proxy in the event that something happens to your original choice for POA. This doesn't happen often, but when it does you will want to be prepared. So having another person you trust on deck allows you to not worry about constantly updating your POA paperwork.

You also need to know that your POA will not be able to make decisions that override your decisions. This is to benefit you, of course. If you were to wake up out of a coma, you would then be able to once again make your own decisions and not have to worry about your POA making a decision that you do not want them to.

Some states do not actually honor other states' advance directives. Some do. So it will require a little research, either on your own or with your attorney, to make sure that if you are moving from New York to California, for example, that your advance directive will hold up under the scrutiny of the legal system. The easiest solution to this problem is to have an advance directive made up for each state that you will be residing in. So if you do move into a California retirement home, make sure that you set up an advance directive as soon as possible once you are a resident there.

A final consideration for the State of California is that if you are in a skilled nursing facility and want to set up an advance directive, you must have a patient advocate sign the paperwork as a witness. Again, this is to protect you and your rights.

Basically, the State of California wants to ensure that the patient is of sound mind and that they are not being taken advantage of. This is why an advocate must sign-they look out for their patients' best interests.

Article Source: http://EzineArticles.com/?expert=Matthew_G_Young

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Sunday, February 19, 2017

4 Reasons Why You Might Need a Trust


Entrepreneur Network partner Mark Kohler discusses the importance of setting up a trust.

Saturday, February 18, 2017

Criminal Records: Do You Qualify for Expungement?



Expungement is not the same thing as sealing. The terms are very close in meaning with subtle differences. However, an expungement means that the criminal record is erased as if they crime never happened. Sealing simply hides the record and make it no longer public information. This is important because each state has different laws that apply to each of these terms.

Thursday, February 16, 2017

Power of Attorney



Rene at By the People in Fairfield CA talks about just some of the reasons for a need for a Power of Attorney. These documents can be really important aids in helping loved ones.

For any questions about the types of Power of Attorney, and what may be beneficial for your individual needs, call Rene or Tammy at 707-428-9871 and visit the website at http://www.bythepeopleca.com

Tuesday, February 14, 2017

Selecting a Legal Structure for Your Business


Starting a business requires prospective entrepreneurs to make hundreds of different decisions before opening their doors to customers. One of the most important decisions is selecting the right legal structure for your enterprise. The manner in which you choose to organize will impact your taxes, personal liability exposure, and fundraising options.

Sole proprietorships are the most common arrangement for people who work alone. This structure is a popular choice because it is the easiest to arrange and does not require any filings with the state. One of the biggest disadvantages of the sole proprietorship, however, is that entity does not exist apart from the owner. Consequently, the owner is personally liable for all financial obligations and damages resulting from lawsuits filed against the company. Another disadvantage is that it can be difficult to raise capital. Banks are reluctant to make loans to sole proprietorships, leaving the owners to rely on home equity loans or borrowing from family.

For enterprises with more than one owner, a partnership might be a good arrangement. Each partner contributes capital, labor, or expertise in order to turn a profit. The partners share in the profits, but like a sole proprietorship, they are also personally liable for debts and damages. One way in which partners can reduce personal exposure is by forming a limited partnership. This form consists of general partners who make decisions and assume the risks and limited partners with no control in the operations in exchange for reduced liability. Tax treatment is one of the main reasons this arrangement is selected. Profits and losses are passed through to the individual partners.

Limited Liability Companies, or LLCs, are a type of structure that is becoming very popular. This structure creates an entity separate from the owners. As a result, the owners are not liable for debts or judgments against the venture. Unlike a limited partnership, all members are free to participate in the management and enjoy protection from personal liability. LLCs also enjoy pass through taxation. However, the tax rules for these structures are complicated. The amount of paperwork is a huge hurdle, and members must file articles of organization with the Secretary of State or sign an operating agreement.

The right structure for your business depends on a number of different factors unique to your enterprise. For example, a small boutique selling handmade cat collars will obviously have less risk and perhaps less revenue than a company that provides window washing services to high-rise office buildings. Prospective entrepreneurs are advised to contact their attorney or accountant in order to discuss the taxation and liability consequences of the different entities. A number of free or low-cost resources to help you make your decision are available from your local chamber of commerce, Small Business Administration, or volunteers with the Service Corps of Retired Executives.

Selecting the organization for your business is one of the most important decisions you and your partners will make. Research all of the available options and seek advice from experienced professionals before making your selection.


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Monday, February 13, 2017

The Benefits of Legal Separation


Legal separation and divorce are very similar and they hold basically the same legal functions except for the fact that with a separation, you do not terminate your marital status. When a couple decides to become legally separated, it is not merely a verbal agreement. They can't simply say that they are not in love anymore and one of them will move out of the family home. Instead, they must go through the same process as couples who wish to undergo a divorce.

In a legal separation, the same issues will be addressed as in the termination of a marriage. The couple will have to sort out issues relating to asset division, property division, child support, child custody, visitation and spousal support payments (if there are any). The couple will also have to decide who will pay which debts as well.

There are a number of reasons why parties choose this rather than divorce, and the reasons are usually personal. People can choose separation for religious reasons, personal beliefs, health insurance concerns, or other financial reasons.

Oftentimes couples will decide to remain married for one of two reasons: either for the sake of their children, or for a financial reason. For example, if a non-employee spouse has a pre-existing medical condition or some other serious medical condition; they may need to stay on their spouse's medical insurance so they can keep getting necessary medical care.

In some cases the couple may need to remain legally wed until they reach the ten-year deadline for certain Social Security benefits. This holds true for the ten-year deadline for military enforcement advantages or, the twenty-year deadline for PX and commissary benefits.

There is another substantial benefit and reason why people choose legal separation and it has nothing to do with health insurance or money. They may be unsure if they really want to end their marriage; therefore, the time apart offers them a "cooling off" period where they can have time to think about what they really want. They may realize that they really do love each other, and later decide that they want to get back together. It's a lot easier to get back together after legally spending time away from one another as opposed to having to go through the process of remarrying.

Religion and culture can play a significant role in why couples decide to separate instead of divorcing altogether. In certain religions, divorce carries a negative stigma that many couples wish to avoid. With legal separation the couples can enjoy all the material benefits of a divorce without having to deal with the negative stigma attached. Separation does not allow for remarriage unless the marriage is terminated through a divorce, but it can be assumed that people who part for religious reasons don't plan to remarry anyway.

In many cases it is more affordable for the spouses, especially when the dependent spouse relies heavily on their spouse for medical insurance. When you factor in the quality of life enjoyed through the marriage, along with how much money it would cost for the dependent spouse to take out their own medical coverage (similar to what their spouse has been carrying), then it can be reflected in the alimony payments. Sometimes it is less expensive and allows the dependent spouse to remain on the health insurance, as opposed to paying them larger alimony payments, thus saving the expense for both parties.

Getting a separation in California does require some legal paperwork and going through the court system. The same as in a divorce, you want to have a qualified attorney representing your best interests when handling important matters such as child custody, child support, asset division, property division and possible spousal support payments. If you would like to enjoy the benefits of a legal separation, contact a skilled and knowledgeable divorce attorney without delay!

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Sunday, February 12, 2017

Estate Planning : How are Trusts Taxed?



In estate law, trusts are taxed differently depending on whether they are revocable or irrevocable trusts. Learn how a trust is taxed from an estate planning and probate lawyer in this free video on estate law.

Saturday, February 11, 2017

What is a Living Will, and Why You Should Inquire about One Today


Modern advancements in medicine have made it possible for us to live longer than ever before. While these advancements have substantially extended our lives, such an extension may not be desirable because it may lower our quality of life and result in a loss of our dignity. Since all competent adults have the right to make their own medical decisions, you may want to tell your doctor now not to take heroic or extraordinary means to prolong your life in the future if you become ill and there is no hope for your eventual recovery. You can do this by preparing a living will.

"What is a living will?"

A living will is a legal document in which you direct your doctor to withhold or withdraw life-sustaining treatment, whose only purpose is to prolong your dying process, if you are in a terminal condition or a state of permanent unconsciousness.

"Who can prepare a living will?"

You can prepare a living will if you are of sound mind and are at least 18 years of age, or have graduated from high school, or are married. You must sign your living will in the presence of two witnesses who are both at least 18 years of age.

"What medical treatment can I refuse in my living will?"

You can refuse all medical treatment including but not limited to cardiac resuscitation, artificial feeding, blood, kidney dialysis, antibiotics, surgery, diagnostic tests, and mechanical respiration. You can, however, direct your doctor to administer only treatment that will keep you comfortable and alleviate your pain.

Also in your living will, you can designate another individual, known as your surrogate, to make medical decisions for you if you are unable to do so yourself.

"When does my living will become operative?"

Your living will becomes operative when you or another individual provides a copy of it to your doctor, and your doctor determines you to be incompetent and in a terminal condition or state of permanent unconsciousness. At that time, your doctor has to act in accordance with the instructions outlined in your living will. If your doctor cannot in good conscience follow the instructions in your living will, your doctor must inform you or your surrogate of this fact. At that time, your doctor is required to assist you in finding another doctor who will comply with the instructions in your living will.

"Can I revoke my living will?"

Yes. You may revoke your living will at any time and in any way without regard to your mental or physical condition. Revocation is effective at the time it is communicated to your doctor by you or by a witness to the revocation.

"If I do not have a living will, will my doctor continue to order treatment to prolong my dying process?"

Not necessarily. Your failure to prepare a living will will not raise any presumption as to your intent to consent to or refuse life-sustaining medical treatment. In fact, in one Pennsylvania case, the court permitted a close relative with the consent of two physicians to remove life-sustaining treatment from the patient who had no living will and was in a persistent vegetative state.

"Can my doctor refuse to treat me if I do not have a living will?"

No. Your doctor cannot require you to have a living will as a condition to provide treatment to you. Also, your doctor cannot charge you a different fee for providing treatment to you if you do not have a living will.

"If I have a living will and am involved in a serious accident, will emergency medical personnel refuse to treat me?"

No. Emergency medical personnel will provide any and all treatment necessary to save your life. Your living will does not apply until it becomes operative, i.e., your doctor determines you to be incompetent and in a terminal condition or in a state of permanent unconsciousness.

In summary, a living will lets you decide now what medical treatment you want in the future if you become incompetent and are in a terminal condition or a state of permanent unconsciousness. It helps to eliminate uncertainty regarding your desire for specific medical treatment, and provides guidance to your doctors and family members. Failure to prepare a living will may cause increased stress on your loved ones who are left to decide the proper medical treatment for you.


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