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Category Law

July 02, 2009

Seven years is what you could potentially be looking at should you get arrested in Minnesota and are convicted of first degree DWI. Not only that, but you also stand to be ordered to pay a fine up to $14,000 and because it's a felony, you'll lose your rights to vote and bear arms, among other rights. Needless to say, just the thought of these penalties is more than overwhelming. Contacting an attorney should be your first move and it should be done as soon as possible.

Here we'll discuss some of the nuances of Minnesota's tough DUI and DWI laws and how they can affect you should you ever find yourself being charged for breaking any of these laws. The first thing you should understand is that the terms DWI and DUI are used interchangeably due to revisions in Minnesota's laws. Driving under the influence (DUI) and driving while impaired (DWI) are essentially the same but are sometimes confusing due to those changes. Still, being charged with a DWI crime presents stiff penalties and depending on the charges, your past record and any other crimes you find yourself charged with, the repercussions can affect the rest of your life.

So What are the Laws?

Minnesota laws read that a DWI crime includes any person driving, operating or controlling a motor vehicle while under the influence of alcohol, a controlled substance, a hazardous substance or any combination of these. Further, if you're found with a blood alcohol concentration of .08 and are driving a vehicle, you will be arrested. If metabolites of a schedule I or II controlled substance is found in your body and you're operating a vehicle, you will be arrested. There are several aggravating factors that play a role in determining what those charges will ultimately include after your arrest. Some of these factors include:

- Other DUI/DWI arrests over the past decade
- Alcohol concentration of .20
- A minor under the age of 16 who is traveling with you

These are just a few factors and the fact is, the arresting officer is afforded a bit of leeway during the arrest. The penalties vary as well. Using a "tiered" approach, the laws are defined as:

Fourth Degree DWI is considered a misdemeanor and is punished by up to 90 days in jail and the potential of a $1,000 fine.

Third Degree DWI is considered a gross misdemeanor and if you're convicted you face up to one year in jail with a $3,000 fine.

Second Degree DWI is also considered a gross misdemeanor and its determined based on a number of factors such as those listed above.

First Degree DWI, if convicted, is a felony and punishable by up to seven years in prison and up to $14,000 in fines. Again, aggravating factors play a large role in any sentence the judge imposes.

The laws relating to DUI/DWI charges in Minnesota are overwhelming and can be confusing. This only reiterates the importance of consulting an attorney as soon as you can. Allow an experienced lawyer to go to bat for you and help you maneuver the legal waters. Without legal assistance, you stand to lose far more than you ever could have anticipated.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Article Source: http://www.ArticleStreet.com/

About the Author

A Minneapolis DUI attorney at a local law firm can provide you with an experienced DUI lawyer in Minnesota.

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Minnesota Family Law

July 02, 2009

It's important to know what your options are in a divorce action before making any decisions. Laws governing family matters like divorce, custody, child support, mediation, property and spousal support vary from state to state. A Minnesota family practice lawyer can advise you about Minnesota family law and help you to make an informed and intelligent decision. Minnesota family practice lawyers can also advise and assist you with issues related to paternity, adoption, child and spousal protection, helping you to understand how these matters are impacted by Minnesota family law.

DECIDING WHAT TO DO

Divorce can be a very emotional matter. Both partners may be upset and disappointed. The temptation to blame can be overwhelming, and if children are involved, the situation is even more confusing. Well-meaning friends and family may make matters worse by taking sides. If you are wondering whether divorce is the right choice for you, it's vital to seek experienced and supportive legal counsel before taking action.

LEARNING WHAT YOUR OPTIONS ARE

A Minnesota family lawyer can help you sort out issues related to child custody and support. The best interests of the children, parental access and rights, and state guidelines for child support are all discussed within the context of Minnesota family law, helping you to understand what would happen with the children were divorce to occur.

Minnesota family law governing property division and spousal support, along with equitable division of joint holdings and alimony payments are all examined. There may be special circumstances related to hardship, disability, health or retirement to consider. Duration of spousal support and cost of living adjustments are all taken into consideration so you know exactly where you stand financially.

BENEFITS OF CONSULTING A MINNESOTA FAMILY LAWYER

The possibility of divorce can create feelings of guilt and fear leading to rash and impulsive actions. The objective and impartial support of a Minnesota family practice lawyer can help you put things in perspective and make informed and sensible decisions about how to proceed.

Minnesota family practice lawyers can also help separating and divorcing couples through divorce mediation. Especially when children are involved, a mediated divorce settlement, jointly developed by both parties, is more likely to be honored than a court-ordered settlement. Decision-making processes learned in mediation can also help parents to make joint choices for the children even after the divorce is final.

WHAT TO DO NEXT

Whether you are just considering divorce or have already decided to proceed, a Minnesota family lawyer can help you. You owe it to yourself and your family to consult with a family practice lawyer before starting an action. A consultation is the only way to be certain about what your options are and about what is likely to happen as a result of a divorce action.

You can consult with a family practice lawyer free of charge and in complete confidentiality. After your consultation, you will be in a much better position to do the next right thing for yourself and your family. A family practice lawyer can be a supportive and experienced ally working on your behalf to protect your rights, and to guide you successfully through one of life's most difficult challenges.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Article Source: http://www.ArticleStreet.com/

About the Author

A family lawyer in Rochester MN at a local law firm can provide an experienced Minnesota attorney that can help.

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What To Do If You Are A Victim Of Identity Theft

April 27, 2009

Have you ever been a victim of identity theft or know someone who has? If so, you realize full well what a royal pain in the backside it is, and the damage that was done to your reputation and your credit report will take years to resolve.

Now that you know what can be the result of identity theft, you can look back and probably recognize various things you could have done differently to protect yourself more fully. Please understand that identity theft is one of the fastest growing crimes in our current high-tech society, and precautions you took 5 or 10 years ago need to be modified to be effective today.

Usually, by the time the victim realizes that his identity has been used, the identity thief has long since disappeared from the face of the planet, leaving a wake of damage to the victim's name and credit report. The laws in this country are only now starting to realize that new laws need to be enacted to protect consumers from this type of theft, as well as making additional provisions and avenues for those who are victims. In Texas, a law was passed to limit a consumer’s credit freeze privileges until they can prove that they have been a victim of identity theft or credit card fraud. That is very similar to saying that you cannot buy a lock until you can prove that your house has been broken into, at which point it is too late!

If you discover that you are a victim of identity theft, the very first thing you need to do is to contact all of your lenders, including credit card companies, department stores, gas stations, your mortgage lender and your bank and let them know what happened. Depending on their policies, they may require you to fill out some paperwork.

One of the best things you can do at this time is to get a notebook and start taking very detailed notes. When you call your credit card company to report this, note the date and time of your call, and write down the name of the person you spoke with. Do this for every account you contact to alert them of what has happened. While you are talking with each one, ask them exactly what is covered if charges are discovered on your account that you yourself did not do. Sometimes all or some charges are covered by insurance, but other times there is no coverage.

Although the laws are changing, you should still contact the police and get legal help. Frequently, as unbelievable as it sounds, the police will not even open an investigation or become involved. The really strange part of this is that if they arrested someone who was “you” via identity theft, they could then come and arrest the REAL you if you did not show up at a court hearing.

If you are a victim of identity theft, you need to take action and take it NOW. Delays only allow the thief to get further away and drastically lessen the possibilities of finding them. For more tips about what to do about identity theft and measures you can take to prevent identity theft from happening in the first place, please visit our web site.

Article Source: http://www.articles4free.com

Jon is a computer engineer who maintains web sites on a variety of topics based on his knowledge and experience. You can read more about Identity Theft Advice at his web site at Prevent Identity Theft.

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Squeezing The Lemon Out Of The Lemon Law

December 11, 2007

Squeezing The Lemon Out Of The Lemon Law Aimed at protecting the consumers, the California Lemon Law gives the consumers within the state a legal right to return defective vehicles to manufacturers for a full or partial refund, if the vehicles are still found to be in need of repair after a reasonable number of attempts at repairing.

In order for the Lemon Law to apply, the vehicle needs to be under the original manufacturer's warranty, have had four repair attempts at the dealership (or two if the problem causes serious injuries or fatalities), or been in for repair for the same problem for over 30 days, at which time the vehicle many be returned to the manufacturer for full or partial refund plus incidental expenses. The vehicle’s issues must greatly diminish it's safety, value, or usability

Manufacturers never like to buy the vehicle back due to the costs involved. At times manufacturers try to claim that the warranty does not apply, arguing that the owner made improper use or changes to the vehicle. If you are proved to have voided your warranty, you will lose a Lemon Law case.

When you purchase a new vehicle, it's wise to use the following guidelines:

1. Precisely follow the suggested maintenance schedules. (You do not have to take your vehicle to a dealership for routine maintenance; you should, however, take the vehicle to a dealership to have all warranty repairs performed.)
2. Even if the garage made no repairs, keep the receipt. If you are doing your own engine work like changing oil, please retain all buying receipts with you.
3. You should take your vehicle to the dealership straightaway if it is not behaving correctly. Your rights under your warranty may be forfeited if the problem worsens due to not being recognized.
4. Never alter the stock vehicle configuration with non-stock parts. Van conversions are a potential problem because after they are converted, they are no longer considered stock.
5. Don't try to use the vehicle for any purpose other than what is intended, such as trying to haul a huge boat with a tiny economy car.
6. A continuous problem needs to be reported to the dealership's service manager and the manufacturer's rep in writing.

Furthermore, getting into a car wreck will sometimes void aspects of a warranty. For instance, if your suspension is damaged in an accident, suspension problems that occur in the future are not likely to be covered under the Lemon Law.

Even though they dislike repurchasing their own products, vehicle manufacturers will generally be persuaded to go along with the purchaser if the automobile really is a Lemon according to the Lemon Law. By using these tips, you can improve the chances of a successful Lemon Law case, and not be left puckering with a sour taste.

About the author:
Barry Edzant is an experienced Los Angeles lemon law attorney and has emphasized lemon law cases for the last 10 years. Barry understands the nuances of the California lemon laws and additionally can help those with other personal injury claims such as those seeking a California dog bite attorneys.

This article is free for republishing
Source: http://www.articlealley.com/article_252803_18.html

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New Bankruptcy Law

November 01, 2007

New Bankruptcy Law

By: Jim Pow

New Bankruptcy Law Did Not Slow Down Filings
Make sure that you understand the news bankruptcy law before you file for bankruptcy as the new bankruptcy law is more favorable for the people you owe money to. Make sure that your bankruptcy lawyer explains to you the difference in the new bankruptcy law.
After listening to financial institutions and lender complain about the amount of money their companies and shareholders were losing to bankruptcy, the government tightened the requirements for bankruptcy in 2005. Under the new bankruptcy law, filing a Chapter 7 bankruptcy is not as easy as in the past and many hoping to see their debts wiped clean in a hurry found themselves restricted to Chapter 13 bankruptcy, which is a court-ordered repayment plan to pay off debt.

Under the new bankruptcy law, persons looking to file must complete a debt counseling program during which it is determined if the person has the ability to pay their loans under a court-ordered plan. Once the bankruptcy goes through the court, before the debts are discharged, they have to attend a second session on debt management and money management. The new bankruptcy law does not stipulate they follow anything they learn in the sessions, only that they have to attend before their slate can be wiped clean.

Additional changes allows for some assets that used to be exempt to be confiscated and sold by the bankruptcy trustee to satisfy a portion of the debt. State exemptions for certain properties also play a role in the new bankruptcy law. For example, a person living in Nevada, having met the residency requirement and passed the bankruptcy income test, can claim a $15,000 exemption on a motor vehicle. In California the exemption is $2,300 under the new bankruptcy law.

Passing Means Test Is First Important Step

To determine if a person can file under the new bankruptcy law, a means test is completed. If the current monthly income is below the average income in the state in which they reside, they can file for Chapter 7 bankruptcy. It should be noted that the current monthly income is calculated as an average for a six-month period prior to filing and not the income for the past month. If a person lost their job and wants to file for bankruptcy, any employment during the previous six months will be considered during application of the means test.

If their current monthly income exceeds the state average income they will need to file for Chapter 13 bankruptcy. Additionally, an income level as low as $166 a month over the

average will push them towards Chapter 13, under the new bankruptcy law, regardless of actual living expenses. All expenses are governed by the Internal Revenue Service’s expense guidelines, even if the area in which they live has a higher cost of living.

Article Source: http://www.victortunggal.com

For more insights and additional information about The new bankruptcy law and for more articles about bankruptcy please visit lawyermemo.com/category/bankrupcy-law/

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