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Questions and Answers About Out of State Speeding Tickets

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Traveling across the country can be a great adventure, but it can also be like heading into the unknown. If you’re not familiar with a particular area, or the state’s traffic laws where you’re driving, you may be more likely to get a speeding ticket. Receiving a speeding ticket in a state other than where you live could bring up some questions. The following are just some you may want answers to.

Does It Affect Insurance?

Every situation is unique, but in most cases your speeding ticket from another state will affect your insurance rates. Traffic tickets are listed on your driving record, and your record follows you from state to state. Your insurance company takes your record to determine rates. Whether you’re moving to a new state, just passing through or on a vacation there, your insurance provider will catch wind of traffic violations. Depending on your coverage and the company it’s through, your rates could go up.

Does It Have to Get Paid?

Living in another state does not exempt you from paying your speeding ticket. The law is the law, and you are under obligation to abide by it. When you don’t, there are consequences. All but two states in the nation belong to certain interstate traffic compacts. These agreements are created so authorities in another state will willingly help authorities enforce the consequences of an out of state traffic ticket. If you receive an out of state speeding ticket, you will get points on your driving record, and they will show up in the state where you live. Your state will then determine how to handle the rise in points.

Can Someone Contest the Ticket?

If you wish to contest your ticket, you have every right to do so. Keep in mind you’ll need to contest it within the county where you received the ticket, so it may cost you money for travel. Also keep in mind it will be less expensive to hire a lawyer in that county as well, as it cuts down on travel costs for him or her.

Getting the Assistance of an Attorney

When you get a speeding ticket, there may be some consequences you’re not particularly excited about, but don’t think they won’t show up if your ticket is from another state. Speeding tickets get placed on your driving record regardless of where you received them. If you’re worried about a ticket you received, contact a traffic lawyer in Hillsville, VA today for assistance in dealing with it.

Thanks to The Law Offices of Mark T. Hurt for their insight into criminal law and out of state speeding tickets.

What Happens After You Get a Speeding Ticket?

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When you get a traffic ticket, you can’t ignore it and hope it will go away. The officer will probably tell you that you have to appear in court, but you can simply pay the fine through the mail (or online) before the due date. How do you know what is better for you? Here are some things to consider.

Should You Plead No Contest?

Typically, on the ticket, there is an option where you can send in the money and plead “no contest.” Basically, when you do this, you are saying that you are guilty and just want to get through the process with as little effort as possible. This takes care of the ticket, but it will go on your driving record. How that affects you depends on a number of factors, such as how many other tickets you’ve had in the past, the severity of the violation and the actual charges. If you send in the fine, you don’t have to appear in court. For some violations, you may have to appear in court. Check with the court clerk if in doubt.

Some jurisdictions offer traffic school as an option to avoid having the ticket go on your record. You should check this option out as soon as you get the ticket. You may need to attend the class and show proof to the court before the court date. You want to get your certificate of completion in time to avoid penalties. Show your certificate to your insurance company, too. You may get a discount.

Should You Dispute the Ticket?

If you believe you got the ticket unfairly or if the ticket might cause you to get more points on your record than you can afford, you can dispute the ticket. If you plan to dispute the ticket, you will need to appear in court. You should also plan to have evidence that supports your contention that you shouldn’t have gotten the ticket. Some people simply hope that the officer won’t show up that day in court, but that is not a good strategy. You want to be prepared to demonstrate the unfairness of the ticket. If you were speeding, but didn’t see the sign because it was hidden, this could show the judge that you don’t deserve to pay a fine.

Do You Need an Attorney?

If you plan to dispute your traffic ticket, you may want to discuss your case with a speeding ticket lawyer in Abingdon, VA who can help you take the right steps to be more successful.

Thanks to The Law Offices of Mark T. Hurt for their insight into criminal law and what happens after getting a speeding ticket.

Make Your Estate Planning Easier with the Personal Property List 

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Criminal Lawyer

If you’re like most, you’ve probably considered how you will pass on your family heirlooms or your favorite and most valuable personal possessions like rings, paintings, a grandfather clock, or the kitchen hutch. Questions may arise, like: 

  • “Do I have to write every one of my cherished possessions into my will?” 
  • “What if I later change my mind, wouldn’t I have to re-do my will?”
  • “What if later circumstances affect my decision, such as a child’s untimely death or disinheriting an estranged son-in-law or daughter-in-law?  

Thankfully, there is an easy answer — it’s called the personal property list. The personal property list is like a shopping list, but instead of reminding you what you’re going to buy at the store, the personal property list tells your loved ones who gets what upon your passing. 

Benefits of the Personal Property List

The beauty of the personal property list is its simplicity. The personal property list is simply a separate document that accompanies your will, where you list who gets what household and personal items upon your passing. Because it’s a separate document from your will, you won’t have to re-do your will—or worse, write all over your will—if you later change your mind about who gets what. For example, if you change your mind about who gets that special heirloom ring, you can simply indicate so on your personal property list. No need to see an attorney to make changes to your will.  

Personal Property Checklist

There are a few things to make sure you get right about your personal property list: First, your will should indicate that you have a personal property list. Second, items on your personal property list must be described with enough specificity so as to not cause confusion about what items you are referring to. Third, cash, money accounts, and real property (land, homes, and other buildings) may not be on the personal property list. Fourth, you must sign your personal property list. Fifth, you should keep your personal property list in a safe place where it will be easily discovered upon your passing, presumably in the same spot as the original copy of your will. 

Make sure you incorporate the personal property list in your estate planning. If you do, you will save yourself a few estate planning headaches. Contact an estate planning lawyer, like an estate planning lawyer in Belgrade, MT, to begin creating your personal property list today. 

 


 

Thanks to Silverman Law Office, PLLC for their insight into how to make estate planning easier with a personal property list. 

4 Must-Haves for Your Estate Plan

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Criminal Lawyer

If you’ve been looking into getting a will or a trust, you may have come across the term “estate plan.” This takes your will a step further to include everything that comprises your estate. It helps you make a determination about how your assets will be handled after your death, as well as instructions for your family members to handle your assets if you are unable to during life. What should you include in your estate plan? The following are four must-haves.

  1. Will or Trust

The main part of your estate plan is often the will or trust. This document will outline how you want your property distributed after you die. If you decide to implement a trust, your assets can sometimes be protected against estate taxes and other legal obstacles.

As you create your will, be true to your word. If you have already told one of your children he or she could have the family boat after your death, keep to that in your will. If you bequeathed your retirement account to your brother, don’t bequeath it to your sister in the will. These types of situations open the will up to be contested, which often leads to contention.

  1. Power of Attorney

You need to assign someone you trust to be your power of attorney. This person has power to act on your behalf when you are unable to do so yourself. For example, if you are mentally incompetent and your home needs to be sold, the power of attorney would decide what to do with the funds from the sale of the house. Without a power of attorney, the court may be left to decide these types of things.

  1. Healthcare Power of Attorney

Different than a durable power of attorney, a healthcare power of attorney has the power to make decisions about your healthcare while you are still alive. Be sure you choose someone you trust with your life, as that could quite possibly be the decision that needs to be made. Someone with similar religious beliefs might also be a good consideration.

  1. Guardianship

If you have children who are minors at the time you create your estate plan, you’ll want to include guardianship designations for them. Without this designation, the state will be left to decide where your children will live after you die.

Contacting an Attorney to Get Started

Making an estate plan is an important part of taking care of yourself, your family and your assets. Contact an estate planning lawyer in Gilbert, AZ today to get started with your plan.

 


 

Thanks to Citadel Law Firm for their insight into estate planning and must haves for your plan.

Whistleblowing and Employment Retaliation

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Whistleblowers have reached prominence in modern society as public protectors. Whistleblowers often take personal risks to protect the public from fraud and misconduct by businesses and even governments that would otherwise go unchecked. This admirable role, however, is not without consequence. Many people who “blow the whistle” on their employer do so at the very real risk of losing their jobs. Sometimes, it is more than just a job, it is a decades-long career that they put on the line to make sure that the misconduct they observe is identified and stopped. 

If you have blown the whistle on your employer, and you feel as if you have suffered workplace retaliation or even termination, consider calling a qualified whistleblowing attorney who also has significant experience in employment law to help you consider your options. In the meantime, here are a few frequently asked questions to get you  started:

 

  • How do I know if I have faced workplace retaliation? Workplace retaliation after whistleblowing can take many forms. The most obvious form is the termination of employment or demotion that has nothing to do with your job performance. Less obvious forms of retaliation may include the creation of a hostile work environment or a change in job duties that makes your job more difficult, less desirable, or have less room for upward mobility. It can be difficult to prove workplace retaliation, so it is important that if you think you have been the victim of retaliation after whistleblowing, make sure to keep excellent records of your workplace interactions, job performance, and any correspondence you have with human resources or management regarding changes in your job requirements. 

 

  • What kind of protection do I have? Both state and federal laws offer whistleblower protection. The purpose of these laws is to encourage employees to report the misconduct of their employer that otherwise may go unchecked. The law that applies to your retaliation claim is dependent on the type of whistleblower report that you have made. Not all laws offer the same degree of protection from retaliation, so it is important to consult with a whistleblower attorney familiar with the law that applies to your claim who will be able to advise you regarding your rights. 

 

  • What should I do if I have been retaliated against? If you are certain that you have been fired or otherwise retaliated against due to a whistleblowing report, you should consult with a qualified and experienced attorney as soon as possible. Make sure that you preserve any evidence surrounding the circumstances of your termination or other retaliation and share it with your attorney. The sooner you consult with an attorney and file an employment discrimination claim related to the whistleblowing, the sooner you will have a resolution to your difficult situation and the more likely you are to be successful in your claim.

 

Whistleblowing and workplace retaliation is a somewhat common combination, but there is something you can do. Know your rights and consult with a qualified whistleblower attorney, like a whistleblower lawyer in Richlands, Virginia, to make sure you take advantage of the protections in place for whistleblowers.

Thank you to the experts at the Law Offices of Mark T. Hurt for their insight into whistleblower law.

Whistleblowing and Wrongful Termination

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When you decided to blow the whistle on your employer, you no doubt understood that you were taking a risk. Nevertheless, you also understood the importance of holding your employer accountable to the law and to the public and you chose to report. Now, here you are, wondering if you made the right decision because your life does not look like it used to. Perhaps you have been fired, perhaps your job duties have changed significantly, and for the worse. If this sounds like you, there may be something you can do.

Most state and federal whistleblowing laws contain provisions that protect employees who report the wrongdoing of their employers. These laws are designed to encourage people, just like you, to speak up when they see something amiss. If you believe you have been terminated or retaliated against because you blew the whistle on your employer, consider contacting a whistleblowing attorney specializing in employment law today to discuss your options. In the meantime, review these basic questions and answers that may help you understand your options.

  • What is wrongful termination? Wrongful termination is when an employer fires an employee for exercising his or her legal rights. In the context of whistleblowing, your reporting was most likely protected by state or federal whistleblowing statute which prohibits employers from firing employees for reporting wrongdoing. In this case, you may be able to file a wrongful termination lawsuit against your employer. Note that the basis for your lawsuit will vary with the law of your state and the law that applied to your whistleblowing report.

 

  • What is workplace retaliation? Workplace retaliation is a lesser form of wrongful termination, though it may feel even more stressful. Workplace retaliation for whistleblowing may take many forms. Perhaps you received a demotion, or got passed by for a promotion that your performance justified. Maybe you were denied a bonus, or your office was moved to an undesirable location. Maybe your job was relocated all together. Perhaps your job duties changed so that they are harder, require longer hours, or otherwise feel like a demotion. It may even be as simple as you experiencing hostility or verbal abuse from your managers or coworkers. Like wrongful termination, many whistleblower laws prohibit retaliation from an employer based on your whistleblowing report. You may be able to file a lawsuit seeking compensation for the retaliation.

 

  • What can I do to get my old job back? One of the available remedies in a wrongful termination or retaliation lawsuit is to force your employer to give you your job back. Often, however, after blowing the whistle and then suing your employer, you are likely not on good terms and going back to work at your old job may cause more problems than it solves. Fortunately, there are other remedies, such as monetary compensation that allow you to get money for any missed salary or inability to find new work.

If you believe you have been wrongfully terminated or retaliated against after blowing the whistle, contact an experienced whistleblower attorney, like a whistleblower lawyer in Richlands, Virginia, today to find out what they can do to help.

Thank you to the experts at the Law Offices of Mark T. Hurt for their insight into whistleblower law.

PTSD Disability Claims May Be Difficult to Prove

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PTSD Disability Claims May Be Difficult to Prove

Post-traumatic stress disorder (PTSD) is an anxiety disorder triggered by a traumatic event. According to the National Center of Mental Health, PTSD can occur when a person experiences a frightening incident where they are physically harmed or felt the threat of physical harm. It can also occur if the person witnesses a harmful incident where someone, even someone they don’t know, was seriously injured or killed.

Symptoms of PTSD include reliving the experience over and over in the form of flashbacks, frightening thoughts, or bad dreams. A PTSD sufferer may also develop “avoidance” symptoms, where they stay away from places or things that will remind them of the trauma. They may also have difficulty remembering details of the traumatic event and suffer from feelings of worry, guilt, and depression. Many people who suffer from PTSD also have trouble sleeping and are often very easily startled. They may also struggle with anger issues.

PTSD does not just affect those who have served in combat. The disorder can affect anyone who has suffered a traumatic event. Victims of childhood abuse, rape, violence, or even a traumatic natural disaster — like a fire or a hurricane — can develop PTSD. The diagnosis of PTSD is can be a difficult one. Symptoms that could totally disable one person may not have any impact on someone else.

It is because of that difficulty to diagnose PTSD, as with many other mental health illnesses, that it can be very difficult to get approval from Social Security for a disability claim. The initial claims are often rejected by the agency and the claimant is forced to file an appeal.

Some of the issues that PTSD victims struggle with include:

  • Alcohol abuse
  • Depression
  • Drug addiction
  • Eating disorders
  • Suicide

Victims with PTSD can also suffer from physical conditions, including chronic pain, heart disease, and rheumatoid arthritis.

Symptoms include:

  • Avoiding activities
  • Avoiding thinking or talking about the event
  • Being easily frightened or startled
  • Difficulty concentrating
  • Difficulty or inability in maintaining close relationships
  • Difficulty sleeping
  • Feeling emotionally numb
  • Feeling hopeless
  • Flashbacks or reliving the traumatic event
  • Having trouble with memory
  • Irritability or anger
  • Overwhelming feelings of guilt or shame
  • Self-destructive behavior
  • Upsetting dreams about the traumatic event
  • Visual or auditory hallucinations

Call a Social Security Disability Attorney for Help
If you are suffering from PTSD or any other mental illness, you may qualify for Social Security disability benefits. Unfortunately, many applicants find the process of applying for benefits complex and frustrating, since many are denied upon their first application.

A qualified social security disability lawyer, like a social security disability lawyer in Wise, VA, can help you present your case to Social Security and, if they still ignore you, appeal to the appropriate court. Even if you have already been denied benefits, our firm may be able to help. Contact an attorney to speak with someone about your case today.

Thanks to The Law Offices of Mark T. Hurt for their insight into PTSD claims for social security benefits. 

Bribery Laws in Colorado: The Rundown

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In any situation with high stakes, there’s the potential for bribery. Parents, for example, can end up in trouble over a concern anyone responsible for a child shares: getting their children in a top school. This is the subject of a recent high-profile college bribery admissions scandal that included celebrities Lori Loughlin and Felicity Huffman.

Bribery charges at any level are serious, so if you or someone you know has been accused of bribery, it makes sense to learn more about what you could be facing and speak to a criminal lawyer in Denver, CO as soon as possible.

The Elements of Bribery in Colorado

To be convicted of bribery, the prosecutor has to prove that you gave, received or solicited something that had value so you could influence an official to do something you wanted in the course of their public duties. According to the law, a bribery attempt that wasn’t successful is still a criminal offense; just the attempt alone is a crime.

The prosecutor also must establish that you had corrupt intentions. This means that your intention was to give or receive some sort of special benefit in return for something of value.

State Bribery Charges

In Colorado, there is a distinction made between the bribery of a public official and the bribery of another type of official, such as someone working for a commercial entity. Government official bribery is a Class 3 felony, carrying a sentence of four to 12 years in prison and a fine ranging from $3,000 to $750,000. Bribing a non-governmental official is a Class 6 felony, which can bring a prison sentence of 12 to 18 months and a fine of between $1,000 and $100,000.

If the offense allegation involves other fraud forms, you can be charged with fraud charges in addition to the ones for bribery. Sometimes, fraud may be the only charges brought because it can be easier to prosecute for fraud than bribery in some situations.

Federal Bribery Charges

In certain circumstances, such as when the bribery is committed by the mail or over the web—involving more than one state—or takes place across state lines, it may be prosecuted at the federal level. If the allegation involves a financial or governmental institution, the case may draw the attention of federal officials as well.

If you or someone you know are facing federal bribery charges, speak to a lawyer as soon as you can. Federal agencies have more investigating power, and federal bribery charges tend to carry harsher sentences than they do at the state level, such as 15 years in prison for each count of bribery and substantial fines.

In general, any bribery charge is serious, whether at the state or federal level. Large fines and jail time will have an impact on your personal, financial and work lives now and in the future. Don’t leave anything to chance if you are facing charges of bribery. Contact an experienced criminal defense attorney about your case as soon as possible so your rights are fully protected from the start.

Thank you to the experts at Richard Banta, P.C. for their input into insurance fraud. 

What to Do if the Other Parent Has Denied Visitation with Your Child

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Tips on What to Do if the Other Parent Has Denied Visitation with Your Child

If the other parent is not permitting you to visit with your child, you may have legal options to regain visitation rights. Whether or not you have a child custody agreement in place, you may benefit from consulting a child custody lawyer. Below are some suggested steps that you may wish to consider taking if you are being denied visitation with your child.

  1. Keep detailed notes of the events. Any time you are denied visitation in violation of your child custody agreement, write down the date, time, and brief details of the circumstances of the denial. Do not exhibit anger toward the other parent as they can use this later against you in court. If the other parent is not in violation of a court-approved custody agreement, or if the denial is a one-time event, you are not likely to get the support of the judge. The notes you take can be presented to the Judge by yourself or your child custody lawyer to help your case.
  2. Talk to your former partner. As difficult as this may be, attempt to meet with them in a neutral location. Ask them why they are denying you visitation to your child, and how you can address their issues. If they are angry with you about something else, they may try to punish you by keeping you away from your children.
  3. Make a reasonable attempt to address their concerns, provided that their concerns are also reasonable. If their issue is that they do not feel your home is safe, may every effort to fix those issues. The more objective you can be, and consider the best interests of your children, may help you to come to an agreement with the other parent.
  4. Consider consulting a child custody lawyer to discuss your legal options.

 If you do not have a formal child custody agreement in place, a lawyer from our firm can help you formulate an agreement and represent you in court. If you do have a custody agreement and the other parent is violating their part of the agreement, your child custody lawyer can petition the court on your behalf. The agreement is legally binding and there are ramifications for violating a judge’s order. If there is a documented pattern of visitation denials, your lawyer can file what is known as a “motion of contempt” with the court. Depending on your circumstances, your lawyer might recommend filing a motion with the court that requests them to modify the child custody agreement, enforce it, or issue a sanction against the other parent to force them to comply.

 Calling the police usually has little effect in trying to gain access to your children when your visitation is denied. However, they can file a report after they respond to your call, which you can include in the documentation you present to the court. It’s important to remain calm, and remember that if you express anger or other strong emotions, that information will likely be included in the police report.

 

Do You Have To Go To Court For a Traffic Ticket?

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Do You Have To Go To Court For a Traffic Ticket?

If you’ve been pulled over for a speeding ticket or other traffic offense, the police officer probably told you that you need to appear in court. If your heart fell into your stomach, don’t panic right away. You do have options. Slow down. Get to where you need to be. Read the fine print on the ticket. Whatever you do, don’t ignore the ticket. Make a note about the dates on the ticket. Put it on your calendar. Make some notes about the circumstances. Was the speed limit sign hidden? What was the weather like? What were the driving conditions? If you decide to fight your ticket, you’ll want this information. If you can take pictures safely, you may want to take the time to do so.

You Can Just Pay the Ticket

If you look closely at the ticket, there’s generally an option to mail your fine to the court and just be done with it. However, by paying the ticket by mail, you are essentially pleading guilty. Even if there is a box for “nolo contendere,” you are saying that you are guilty and you just don’t want to contest the ticket. If you send in the ticket, it will go on your record. One speeding ticket may not seem like a bad thing. It might only be one or two points on your driving record. If you have more points already on your record, you may want to reconsider.

You Can Go to Court

Going to court can often give you a better outcome. If you go to court, you’ll be given a chance to argue your side of the story and ask questions of the officer. This is not the time to get personal. This is the time to nail down the specifics of your case. Find out how the officer knew you were speeding. Ask if the instrument had been recently calibrated. Your case may even be dismissed if the officer doesn’t appear in court.

You Might Have the Option to Go to a Driving Class

If you believe you’re guilty, but don’t want the points on your record, you may have an option to attend a driving class instead of taking the negative consequences. Depending on the county where you got the ticket, you may even be able to plead to a lesser charge. Sometimes, you need to ask for options to keep a ticket off your record.

Talk to a Carroll County, VA traffic lawyer who can help you explore your options and learn more about the consequences for your situation.

Thanks to The Law Offices of Mark T. Hurt for their insight into traffic law and going to court after getting a ticket.