Should I hire an attorney?

DISCLAIMER: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact an attorney for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of California.



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Attorney Fullerton Anaheim Buena Park Brea CA Law Offices of Randall T. Longwith

(714) 879-7007 Attorney Fullerton Anaheim Buena Park Brea CA Assault Battery Domestic Violence Criminal Defense Lawyer Child Abuse Wife Spousal www.socaldefenseattorney.com Being charged with crime is serious very serious. Your freedom, your career, and your future may be on the line. If you or someone you care about has been arrested or accused of a crime in Orange County or anywhere throughout Southern California, whether it be Driving Under the Influence, DUI, Fraud, Domestic Violence, Assault, Battery, a Drug Crime or any Juvenile Offense, your attorney is the only thing that stands between you and the possible loss of your freedom. Your choice of attorney is your most critical decision. Dont settle on just anyone. You deserve the best. The Law Offices of Randall T. Longwith, Southern California's Premier Criminal Defense Attorney, is an experienced, effective Orange County Criminal Defense Firm that defends individuals charged with crimes throughout Southern California. Mr. Longwith specializes in aggressively defending people charged with all types of crimes throughout Southern California, including Orange County, Riverside, San Bernardino, and Los Angeles. Our offices have been highly successful in obtaining acquittals, not guilty verdicts, dismissals, and charge reductions in all types of criminal offenses. If you have been charged with a crime, contact the best. Contact Southern Californias Premier Criminal Defense Lawyer, Randall T. Longwith now at 888-588-4384 ...



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Riverside Family Law Attorney - Restraining Orders

San Bernardino Family Law Divorce Attorney Bill Edgar goes over the different kinds of restraining orders and what you can do to prevent further abuse or violence. TheLaw Office of H. William Edgar handles divorce, child custody and support, spousal support, property division and many other issues that arise from a dissolution of marriage. You can contact Mr. Edgar at www.RiversideFamilyLawAttorneys.com or by calling (866) 902-5290.



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Real Estate Power of Attorney

A real estate Power of Attorney grants legal authority to another party or agent to make financial decisions regarding the principal's real property, including purchase and sale. In particular, the Power of Attorney provides the authority to negotiate, purchase, sell, convey, transfer, mortgage, preserve, or dispose of the real estate property (or properties) mentioned in the form.

The agent may manage the principal's real estate property; sell, convey and mortgage realty for prices and on terms as considered prudent; foreclose mortgages and take title to property in the principal's name; and implement deeds, mortgages, releases, satisfactions and other instruments relating to realty.

A real estate Power of Attorney is limited only to the extent that it grants authority only for real estate transactions; however, the powers granted in that regard are quite broad so the principal must grant such powers only to someone he or she trusts unconditionally. He must be confident that the agent will act in his or her best interests, keep accurate records, keep his or her property separate from the agent's properties and avoid conflicts of interest. Otherwise, the principal could be in danger of losing the real estate to a dishonest individual.

Any Power of Attorney that deals with the transfer of real estate must be notarized because the Power of Attorney needs to be recorded along with the transfer documents. All previous Power of Attorney documents relating to the property (or properties) are immediately annulled upon execution. Once executed, this Power of Attorney form goes into effect and remains in effect until revoked in writing by the principal, or on a specified date, whichever comes first. To revoke, cancel or annul any powers, a revocation form must be used.

Power Of Attorney provides detailed information about power of attorney, power of attorney forms, medical power of attorney, limited power of attorney and more. Power Of Attorney is the sister site of Divorce Legal Forms.

Domestic Violence Defense Lawyer - Attorney in Los Angeles

The Law Offices of Lawrence Wolf www.youareinnocent.com The experienced Domestic Violence Lawyers and Criminal Defense Attorneys at the Law Offices of Lawrence Wolf have been successfully representing clients accused of domestic violence, spousal abuse, and child abuse for over 30 years. We have defended clients accused of all types of Felony and Misdemeanor crimes and are prepared with extraordinary defenses and strategies to focus on getting your case dismissed or to alter or reduce your sentence. We have offices conveniently located throughout California to better serve you. CALL TOLL FREE TODAY FOR YOUR FREE DOMESTIC ABUSE CRIME CONSULTATION! 1-866-440-4659



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Child Molestation Attorney: What Is Statutory Rape?

As per the FBI definition, statutory rape is described as non-forcible sex with a person who is younger than the statutory age of consent. The actual age groups for these laws and regulations vary significantly from state-to-state, as do the punishments for culprits. Many states don't use the specific term "statutory rape," just calling it rape or illegal sexual penetration amid a variety of other titles. These laws and regulations rarely apply simply to intercourse, but rather to any kind of sexual contact. Dating an individual without sexual contact is not considered a kind of statutory rape, and it is rarely illegal. All states have an "age of consent," or an age where an individual can legitimately concur to sexual activity and may then no longer be a victim of statutory rape.

Most legislatures include statutory rape provisions in statutes that reprimand a number of different forms of sexual assault. Statutory rape is different from other types of rape for the reason that force and absence of consent are not essential for indictment. A defendant may be found guilty of statutory rape whether or not the complainant clearly consented to the sexual contact and no force was utilized by the actor. In comparison, various other rape usually happens whenever a person overcomes some other person by force and without having the person's permission.

Most states don't refer particularly to statutory rape; instead they use designations like sexual assault or sexual abuse to identify prohibited activity. Regardless of the designation, these offenses depend on the assumption that until an individual actually reaches a particular age, he is legally incapable of agreeing to sexual intercourse. Thus, rather than including force as a criminal element, these crimes make it illegal for anybody to take part in sexual intercourse with anybody below a certain age, besides his husband or wife. The age of consent may differ by state, with many states, including Connecticut, setting it at 16. The age of consent in other states varies from ages 14 to 18.

As soon as such instances reach the courts, it is usually since the activity has been found in such a manner about make ignorance lawfully actionable, or because someone is pressing a case through. Instructors and school counselors, for instance, are legally obligated to report child abuse, which includes underage sexual activity and molestation, to authorities. Or, a family member may bring charges because he or she disapproves of the relationship.

The strict administration of statutory rape laws is the most recent in a number of corrective measures which states have adopted lately in an attempt to pressure people to change their sexual and reproductive behavior. There's been significant doubt as to whether other such proposals (e.g., the so-called family limit, which denies additional cash benefits to ladies who bear kids while on welfare) will achieve their stated goals - lower birthrates among females more likely to require public help and reduced welfare caseloads and expenses. Also, there's widespread skepticism as to whether the utilization of statutory rape laws could have an evident consequence on teenage pregnancy as well as birth rates or with the number of young women who have sexual interactions with grownup men.

A child molestation lawyer from Rollins Law Group takes action to all client's condition for trial. A California criminal defense lawyer is actually significant for the reason that they may be used to agreeing to the hardest and tough circumstances.

Do I Need a Personal Injury Attorney?

In many cases a personal injury attorney can be very beneficial to you or a member of your family. The attorney will do what ever he or she can to get compensation for their client for personal injuries caused by the actions or negligence of another. If you live in California, contact a California accident attorney for assistance in a personal injury matter.

Personal injuries are considered to be any harm caused to a person. These injuries can include a broken bone, a cut, or a bruise. It can also refer to the invasion of personal rights, which can include mental suffering and false imprisonment. In the case of workman's compensation it refers to any harm, including a preexisting condition getting worse, which arises in the capacity of the person's job, can also be considered personal injury. There are many different types of situations, which will come under the law regarding personal injury.

A personal injury attorney can file a claim for any type of bodily injury, sickness, disease, or death caused by an event for which a person or a corporation may be held liable. In a possible personal injury claim the first step the attorney will take is to determine whether the person or corporation is truly at fault for your injuries and therefore legally responsible. You, as the client, should examine if the damages you are claiming truly reveal the extent of your injuries or your losses. These losses can be the value of property, wages, or out of pocket expenses, such as medical bills or repair cost.

If the attorney determines, the person or corporation you claim to be at fault for your injuries, is in actuality at fault, the attorney will then go to work. In order to seek the compensation you are asking, the attorney will need to have evidence to prove your claim. He or she will get your case ready to be presented to the court showing the defendant's clear liability in the case of your injuries. Many times cases are settled out of court rather than going to trial and allowing the court to decide. If this is the outcome of your case, attorney will battle on your behalf.

In many states there is a statue of limitations, which controls the amount of time in which a person is allowed to file a claim. If you feel you may have a personal injury case, you need to contact a personal injury attorney as soon as possible. If you wait to long, the opportunity could pass. The attorney will be able to answer any questions you might have and will provide you with assistance, which you will need.

For more information about all types of injuries, accidents, and wrongful death lawsuits visit the Injury Lawyer Group.

Is a Family Law Attorney Right For You?

Have you ever been in the need of a family law attorney before? If you have ever been in any kind of domestic issue you may well have. Basically, this branch of law deals with anything having to do with the modern family unit. It could be anything from marriage to divorce to adoption, or to abuse such as child or spousal. There are many other things it can deal with, but you can probably figure them out. Basically, if it's something that is related to a union of some sort or having to do with children it probably falls under the category of family law.

If you are in need of somebody for this type of issue, it is recommended that you go with an attorney who has specialized in family law. Several attorneys choose to do this, and so they take additional classes and even try to get certified so they can exclusively practice it. That is the kind of attorney you want defending you or prosecuting someone who is against you.

If you're trying to figure out a way to locate the right family law attorney there are several methods out there. You can use our referral service for your city that will help you locate specialized attorneys. They'd work hard to help you find the perfect player for your situation. Not only that, but they give you a choice of several so can have your pick. This is a great service for both you and the attorneys, so everyone is happy.

When you meet with the lawyer for the first time in a consultation you can really get a feel for whether or not they are the right person for you. This gives you a chance to talk about what situation you're dealing with as well. This is the perfect time for you to really decide whether or not you like the attorney and want them representing you. This is a great option because it really allows you to pick someone who you are comfortable with and who you feel will really be on your side and succeed for you.

What you should look for is an attorney that is able to translate the lot into layman's terms so you understand. They should be able to explain the law as it applies to your situation in a very simple way and you should go away from it feeling empowered. If you can understand the attorney because he isn't very good at explaining the law to you, then that should be a sure sign that he's not the right person for the job. In that case you go on to the next candidate.

Whatever you do though, don't rush the decision. If you're having trouble finding a lawyer, don't settle unless the matter is extremely urgent. The whole process might be an expensive one and it will take a lot of your time so you want to do it right the first time.

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Power of Attorney

What are these powers of attorney?

A Power of Attorney is a written document in which a competent adult individual (the "principal") appoints another competent adult individual (the "attorney-in-fact") to act on the principal's behalf. In general, an attorney-in-fact may perform any legal function or task which the principal has a legal right to do for him/herself.

The term "durable" in reference to a power of attorney means that the power remains in force for the lifetime of the principal, even if he/she becomes mentally incapacitated. A principal may cancel a power of attorney at any time for any reason. Powers granted on a power of attorney document can be very broad or very narrow in accordance with the needs of the principal.

Why is Power of Attorney so important?

Every adult has day-to-day affairs to manage, such as paying the bills. Many people are under the impression that, in the event of catastrophic illness or injury, a spouse or child can automatically act for them. Unfortunately, this is often wrong, even when joint ownership situations exist.

The lack of properly prepared and executed power of attorney can cause extreme difficulties when an individual is stricken with severe illness or injury rendering him/her unable to make decisions or manage financial and medical affairs. All states have legal procedures, guardianships or conservatorships, to provide for appointment of a Guardian. These normally require formal proceedings and are expensive in court. This means involvement of lawyers to prepare and file the necessary papers and doctors to provide medical testimony regarding the mental incapacity of the subject of the action. The procedures also require the involvement of a temporary guardian to investigate, even intercede, in surrogate proceedings. This can be slow, costly, and very frustrating.

Advance preparation of the power of attorney can avoid the inconvenience and expense of legal proceedings. This needs to be done while the principal is competent, alert and aware of the consequences of his/her decision. Once a serious problem occurs, it is too late.

The Power of Attorney can be effective immediately upon signing or only upon disability. Some examples of legal powers contained in the Power of Attorney are the following:

1. REAL ESTATE: To execute all contracts, deeds, bonds, mortgages, notes, checks, drafts, money orders, and to lease, collect rents, grant, bargain, sell, or borrow and mortgage, and to manage, compromise, settle, and adjust all matters pertaining to real estate.

2. ENDORSEMENT OF NOTES, ETC.: To make, execute, endorse, accept, and deliver any and all bills of exchange, checks, drafts, notes and trade acceptances.

3. PAYMENT OF NOTES, ETC.: To pay all sums of money, at any time, or times, that may hereafter be owing by me upon any bill of exchange, check, draft, note, or trade acceptance, made, executed, endorsed, accepted, and delivered by me, or for me, and in my name, by my Agent.

4. STOCKS, BONDS, AND SECURITIES: To sell any and all shares of stocks, bonds, or other securities now or hereafter, belonging to me, that may be issued by an association, trust, or corporation whether private or public, and to make, execute, and deliver any assignment, or assignments, of any such shares of stock, bonds, or other securities.

5. CONTRACTS, AGREEMENTS, ETC.: To enter into safe deposit boxes, and to make, sign, execute, and deliver, acknowledge, and perform any contract, agreement, writing, or thing that may, in the opinion of my Agent, be necessary or proper to be entered into, made or signed, sealed, executed, delivered, acknowledged or performed.

6. BANK ACCOUNTS, CERTIFICATES OF DEPOSIT, MONEY MARKET ACCOUNTS, ETC.: To add to or withdraw any amounts from any of my bank accounts, Certificates of Deposit, Money Market Accounts, etc. on my behalf or for my benefit. To make, execute, endorse, accept and deliver any and all checks and drafts, deposit and withdraw funds, acquire and redeem certificates of deposit, in banks, savings and loan associations and other institutions, execute or release such deeds of trust or other security agreements as may be necessary or proper in the exercise of the rights and powers herein granted; Without in any way being limited by or limiting the foregoing, to conduct banking transactions as set forth in section 2 of P.L. 1991, c. 95 (c. 46:2B-11).

7. TAX RETURNS, INSURANCE AND OTHER DOCUMENTS: To sign all Federal, State, and municipal tax returns, insurance forms and any other documents and to represent me in all matters concerning the foregoing.

You should contact your attorney to have a Power of Attorney Prepared, together with a Will, Living Will and other vital Estate Planning documents.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
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Inviting a Workers Attorney to Sue Over Labor Overtime Or Commission Schemes

To forego concerns about labor overtime, overtime claims, wage claims and to insure employee performance businesses often implement creative commission structures designed to benefit the motivated employee and the employer. California overtime and compensation laws are generally very protective of workers and the legal system for the most part protects workers against creative commission schemes.

In one such creative commission structure the employer attempted to circumvent the law by not paying commissions after the employee left, even if the commission was really earned by the former employee. In an environment of high employee turnover, which is often the case with sales persons, such a plan made perfect sense for the employer. Fortunately for the employer the plan was turned down by the California Division of Labor Standards Enforcement and the employer did not have to worry about future wage claims.

The employer sought an opinion letter before proceeding with the plan. In the plan it described a compensation system that included quarterly payouts of commissions on sales. The program also required current employment at the time of the quarterly commission payout. If the employee was not working at the time of the quarterly payment then no payment was due.

The Division of Labor Standard Enforcement advised that commissions on sales are waged calculated and owed upon the completion of the sale and must be paid in accordance with California Labor Law. Under California law wages earned are due and must be paid twice during each month on days designated in advance by the employer. Such a plan was deemed to be unacceptable as it was not compliant with existing law. Even if the plan did not provide for forfeiture of commissions it would still not be compliant, because it did not provide for payment of wages twice a week.

A labor attorney knowledgeable about labor laws is often very instrumental in helping a business stay out of trouble. A labor attorney is likewise very instrumental in helping an employee with wages and overtime lawsuits.

In this such case it was fortunate the employer was advised to seek such an opinion before attempting to implement the plan. Otherwise a workers attorney would eventually have picked up as a good wage claim to litigate.

In the opinion issued there was a reference to case where it was determined to not pay commissions where the orders were cancelled. That case was distinguished on the grounds that it was not unreasonable because of the period of time and the fact that no sale had actually occurred if there was a cancellation. The DLSE further added that this plan did not provide for a salary to be drawn against future commissions. The DSLE opinion letter stated that it is sometimes permissible to require that the contract upon which the commissions are based is not complete until payment of the contract price to the employer.

The DLSE conclude by summarizing as follows:
To summarize then, we would first point out that commissions earned on a sale must be paid within the pay period pursuant to the provisions of Labor Code Section 204. Withholding payment of earned commissions until the end of a three-month period would be a violation of California's Labor Code. Additionally, any earned commissions may not be forfeited. As pointed out above, reasonable conditions may be placed on the vesting of the commissions; but once vested, the commissions may not be forfeited as a result of the fact that the employee terminates the employment. We might also point out that common law contract doctrines (prevention) would prevent an employer from forfeiting commissions which would have been earned by discharging the employee before those commissions vest.

Generally speaking if there is some sort of unfairness to the compensation plan it will eventually result a workers attorney filing an overtime claim or some sort of labor law attorney filing a wage claim or labor law violation claim. The sure way to invited a workers attorney to file a claim for unpaid wages is to implement an inherently unfair compensation plan.

Learn About your Employment Rights At California Overtime

Let a Criminal Attorney Help You

If you are in legal trouble and are unsure of what your next step should be, it is time to seek out some help. A criminal attorney is the person to turn to if you have been arrested for any reason. Whether you have been charged with domestic violence, DUI, a federal crime or even petty theft, you need to seek counsel as soon as possible. The court system can be a maze of twists and turns, which feel like they lead to nowhere. You need the assistance of someone who is trained in the methods typical to the justice system. Your defense lawyer should be an experienced individual who has worked with other cases of your sort in the past and won.

Domestic Violence/Spousal Abuse
Domestic violence is an area that certainly calls for a defense lawyer. Most of the time domestic violence is a "he said, she said" situation. If you are the one being accused of abuse or hostility then you want someone that can work with you to make sure that the situation is not swung in the other party's favor simply because one person may be a better talker than the other may.

DUI
When you are charged with drunk driving, there are certain steps that need to be taken in order to maintain your rights. The wording of the law can be confusing and people often think they have driving privileges when they really don't. There are other cases when the person does not know that they can attempt to get a restricted license. Applying for a restricted license is he asking the DMV to use your driver's license so that you may get back and forth to work even though your regular driving privileges are suspected. A criminal attorney can help you through this process.

Federal Crimes
If you have committed or been accused of the federal crime you need to seek counsel immediately. In order to do this you must find a lawyer who is experienced in working with not only the state but also the federal court system.

Theft
If you have been arrested for theft or another type of crime, hiring a criminal attorney is going to be your best bet. Due to the crime rates in the last 10 years, the system is eager to push people through. A lawyer will make sure that you get the rights to which you are entitled, including the right to a fair trial.

Not hearing a criminal attorney could be the worst mistake you have ever made. Even if you have been charged with something of which you are not guilty, you still need someone that can navigate the system and help you through the process. One little slipup could leave you sitting in jail. Jail is a place that no one wants to be, particularly if you have not done anything wrong. If you try to fight your case on your own, there is a good chance that the D.A. will overpower your case within the first 10 minutes. It is simply not worth taking that chance.

Are you in need of a San Francisco criminal attorney? If you are looking for a true professional, please see here: http://www.thedefenselawyer.com

victorville ca divorce attorney familiy law child support alimony child abuse spouse

http//:www.sjblawoffice.com A Roadmap to Divorce The Divorce Process in California The summons and the petition for dissolution of marriage set the tone for the rest of the divorce. There are less confrontational options than to have these documents delivered to your spouse by a sheriff or process-server. − Victorville family law attorney Sharon J Brunner Step 1. Gather Information Once you choose a lawyer, the divorce process in California begins with gathering information such as names of the parties, birthdates and addresses, along with detailed financial information. To obtain full and accurate information, your lawyer will need to scrutinize tax returns and pay stubs, bank statements and retirement plan accounts such as 401(k) plans. If there is an allegation that a spouse is unemployed or underemployed voluntarily, your lawyer will also review earnings history. If your spouse is self-employed, business income and expenses will need to be reviewed. For liabilities, all credit card statements, loans and other debts will need to be scrutinized and evaluated. This step will create a preliminary balance sheet to have an understanding of the marital estate as a whole. Discovery may be necessary to force the other side to produce information and documents. Step 2. Initiate the Divorce To initiate a divorce, two documents will be prepared: Summons. This is a formal notification of legal action. It provides a time for the other party to respond and a basic restraining order ...



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