June 15, 2018 9:30AM
KC The Atreorgan
Law Practice Talks
About Justice Today
How We Contribute to Your Practice
With the right knowledge.
With abundant experience.
With a penchant for winning.
Filing reports and legal forms
moot court sessions
Partner at MMV
Partner at BOL
Partner at PMA
Partner at LVR
Just like divorce lawyers Sydney who are well experienced in dealing with legal matters that occurs during separation, will dispute lawyers are most commonly engaged after someone has passed away and the total sum of the assets they left behind needs to be divvied up between their beneficiaries such as their spouse or children. If they had a valid last will and testament, the process should go smoothly as there will be little room for anyone to disrupt the process.
However, this process is often disrupted by litigation carried out by solicitors on behalf of their clients who are challenging the document. Many of the challenges to someone’s final wishes attempt to prove that the deceased was not of sound mind when they wrote the document or they had forgotten to disclaim something by accident.
The following will look at 4 situations where will dispute lawyers are commonly engaged.
The probate process is taking too long to begin
One simple area that will dispute lawyers are often used is when the person responsible for making sure the deceased’s final wishes are met (executor) is slow to begin the probate process. As a general rule, executors are expected to act on the deceased’s final wishes within 12 months of their demise.
If the executor fails to act within this timeframe then beneficiaries will have an argument they can take to the Supreme Court. Will dispute lawyers can help beneficiaries obtain a deadline they can have enforced so that the executor starts the probate process.
Beneficiaries are unable to agree on what will happen to the estate property
Will dispute lawyers are also commonly used when beneficiaries fail to see eye-to-eye on whether or not the family home of the deceased should be sold or kept within the family. A common way this issue is solved is when one party sells their share of the property to the other.
In other situations the last wishes of the deceased state the beneficiaries are able to purchase ownership of the property from the estate, but even if not, will dispute lawyers are able to help reach an agreement.
Beneficiaries make the accusation of undue influence
A controversial area that often requires the expertise of will dispute lawyers is when beneficiaries accuse each other of using undue influence in order to manipulate the deceased. The argument is that beneficiary has used manipulation tactics to get a bigger share of assets than they would have otherwise or to disenfranchise another benefactor.
This issue is highly controversial for obvious reasons; people always suspect undue influence to some degree. This is because bitter family members who may already dislike each other will often see the worse in one another and assume that undue influence is taking place.
If a court finds that undue influence was used, then they will revert to an older copy of the document or will simply divide assets using the rules of intestacy.
Beneficiaries identify problems with the document
A lot of people will create their final wishes using informal means or fail to consult a solicitor when drafting the document. Unless the document is proofread by a solicitor, then it is very likely that someone will be able to bring a legal challenge to it.
This issue can be avoided by making sure you use a solicitor when writing up your final wishes so as to make sure that it’s legally watertight against any potential challenges. While it is possible to fight and win against challenges in court, an ounce of prevention is worth a pound of cure.
Hopefully, the above will give you some added insight into the situations where will dispute lawyers are commonly engaged.
For those who are needing to get their legal needs met, they will need to look into property lawyers in Campbelltown. There are a wide variety of legal matters that can be helped with such as business, collaborative, wills, divorce, property, court appearances and much more. Whatever the type of matter that is at hand, it is imperative to find legal representation. Professional lawyers in Campbelltown are able to ensure that an unnecessarily harsh penalty is not applied and that the outcome that is desired by their client is achieved to the best of their ability. Furthermore, they are able to help with legal documentation and any applications that may need to be submitted e.g. divorce applications. They can offer professional legal advice which can be handy for those who may not know what their rights may be in a certain situation. Whether someone is going through a separation or is looking to buy their first home, it is imperative to have all of the legal facts to ensure that the whole process will go as smoothly as possible. As there are so many great benefits to seeking professional support, this article will further explore professional lawyers in Campbelltown.
Get help when buying or selling a home
What some may not know is that professional lawyers in Campbelltown are able to offer their expertise for those who are looking at buying or selling a home. As there are many complex contracts that are involved in a sale or purchase, it is important to ensure that everything is filled out correctly and understood. Clients may need help with finding financial options for purchasing, and professional lawyers in Campbelltown are able to offer recommendations and ensure that all of the correct paperwork that a bank may need is obtained. Commercial or domestic leases can be helped with, as can property divisions, auction enquiries, property development and much more. As buying or selling a home can be such a life changing decision, it is imperative to have all of the facts and information. Furthermore, the whole process can be quite stressful as there is so much to think about. There can be pre-inspections to attend, contracts to be drawn up, and tasks to complete before settlement such as organising stamp duty. A great way to make the process as stress free as possible is by seeking help and support from professional lawyers in Campbelltown.
Getting help with immigration
Another legal area that professional lawyers in Campbelltown can help with is immigration. This is an ever changing field in Australia and can be different for each individual. For example, one visa may have one set of rules for one person, whereas another person will have a completely different set of rules. Immigration can be different for a student vs. a family and can also be an extremely stressful experience. There is a lot of paperwork involved and a lot of hoops to jump through if someone wants to become an Australian citizen. For those who may have visa enquiries, who are looking for applicable work, or who are looking to apply for citizenship, professional lawyers in Campbelltown are able to help.
In conclusion, there is a wide variety of legal issues that can arise in life. When these times do pop up, there is no need to panic. While the legal system can be very confusing and doesn’t seem straightforward, there are professionals out there who have dedicated their lives to understanding this system, so they can best help their clients. A great way to save time and money and to avoid making costly mistakes is by seeking support from lawyers in Campbelltown.
Criminal lawyers in Melbourne CBD will always be there to help you when you need it. However, one of the big questions that are asked by many people is when they actually need a criminal lawyer in Melbourne CBD. There is often a fine line between the offences that require a solicitor and those that don’t.
It may surprise you some of the offences that it is advised you seek legal advice for but ultimately it is all about putting you in the best position to receive a fair punishment or fine in the wake of committing an offence. Below are the instances where it is advised that you seek a criminal lawyer in Melbourne CBD.
Drink and drug driving offences
This obviously depends on the severity of the offence but for the majority of offences it is going to be extremely beneficial to have a legal professional advising you on your next steps and how to get the best from a bad situation.
For anything above a low range drink driving offence, there is the premise for immediate loss of licence. For many people, their drivers licence is crucial for their ability to either get to work or actually complete their work tasks. Have a criminal lawyer in Melbourne CBD will be able to help you to potentially receive a working driver’s licence that allows you to drive whilst on the job.
In more serious cases involving jail time, it is essential that you have a solicitor with you to work through the best possible scenarios.
The charges for assault vary significantly depending on the seriousness and the intent. Some offences do carry a minimum jail sentence but others do not. Have criminal lawyers in Melbourne CBD will enable you to get the fairest result. In many cases a weaker sentence can be handed down if your solicitor convinces the judge to consider your age, circumstances and your ole in the assault.
Any drug offences will mean that you certainly need criminal lawyers in Melbourne CBD. Regardless of the level of the drug charge, all offences are serious and will lead to a court appearance. This is where having criminal lawyers in Melbourne CBD with you will help to provide the evidence and present a reasonable case as to your involvement, the true seriousness of the offence and potential avenues of rehab or community service.
These are arguably the most serious offences that anyone can commit. As soon as you are charged with a sexual offence, regardless of your innocence, it is strongly advised that you get in contact with criminal lawyers in Melbourne CBD. The early stages of any case are some of the most important and having a professional legal representative by your side could make a big difference. Sex-related charges can be extremely damaging to have on your record so it is vital that you get in contact with criminal lawyers in Melbourne CBD as soon as you know about the charges being laid.
Ultimately, whenever you have a run in with the law it is advised that you seek professional legal advice. This ensures that you are on the front foot and can act accordingly to the charges. Any criminal charge is going to reflect poorly on you and future opportunities so by getting a solicitor you may be able to eliminate this and receive a lesser punishment or none at all. Legal professionals are there to help you and it is only your fault if you fail to utilise them. Don’t be afraid to get in contact with criminal lawyers in Melbourne CBD when you next need them.
For those living in New South Wales who are facing a charge for committing criminal activity, they will need to find the best criminal lawyer in Sydney. Such charges may be for breaking and entering, assault, theft, or something else entirely. Whatever the charges may be, it is absolutely vital that the accused receive the best representation possible. This is so important not only because everyone deserves a fair trial but because nobody wants to receive an unnecessarily harsh sentence. Such sentences can include hefty fines, a charge left on somebody’s record, a large number of hours of community service, or jail time. All of these sentences can affect the mental health of the accused as well as the people around them. It can negatively impact someone’s ability to work which can cause further financial issues for them and their family. To best avoid the worst-case scenarios, it is wise to find the best criminal lawyer in Sydney possible. The best criminal lawyer in Sydney will be able to offer advice, act as representation if need be, and help obtain any documentation that may be needed for the case. Furthermore, they will be a helpful legal shoulder to lean on during what can be an extremely stressful time. As it is so crucial to find an amazing legal representation, this article will explore what to look in order to find the best criminal lawyer in Sydney.
Find somebody with years of experience in the field
A great thing to look for in order to find the best criminal lawyer in Sydney is experience. The greatest representatives will usually have decades of experience in their field which means that they will have dealt with plenty of trials, bail applications, contested hearings, pleas, and more. Furthermore, they will have dealt with almost every scenario that could possibly arise. This means that they are the most equipped person to educate their clients on every possible outcome. It also means that they will have dealt with a wide variety of offenses such as drink driving offences, speeding, drug offenses, domestic violence offenses, and much more. An easy way to see what kind of experience an attorney has is by simply calling the firm and asking or arranging to meet with them in person. It is also sometimes possible to find out this information online.
Find someone who is passionate
When it comes to finding the best criminal lawyer in Sydney, it is wise to find someone who is passionate. Not only will they be passionate about the case at hand, but they will be passionate about the sanctity of their jobs. This means that they will do whatever it takes to ensure that their client will receive a fair go. It further means that they will be diligent, professional, responsible, direct, and reliable. They will do everything in a timely manner and will not drag out matters to try and get more money from their clients. Most importantly, they will elicit trust in their clients to ensure that they are feeling as safe as they possibly can throughout an already stressful time. Again, a great way to discovering if someone is passionate or not is by having a chat with them over the phone or organising an initial consultation. Previous client feedback can be read, and their websites can be visited. As it can be seen, it is absolutely vital to find the best criminal lawyer in Sydney when facing a charge. This is the best way to avoid an overly harsh sentence that can have life-long consequences.
Knowing when to act and get yourself Sydney divorce lawyers is important so that you can remain in control and don’t get dictated throughout the period of legal proceedings.
In Australia, divorce is ruled under a ‘no-fault’ system meaning that no one partner in the relationships is classified as being at fault. You are able to file for a legal separation if you and your partner have been living separately for a minimum of twelve months which begins when one member of the marriage says something equivalent to “this marriage is over”. This means that as soon as you and your partner have agreed to separate you should be contacting the best family lawyers in Sydney so that you can get started on your separation plans.
In order for the annulment to be filed, this period of separation is required to be continuous and any period of reconciliation that is attempted by the couple will result in the separation period being reset upon continuing to live separately. Sydney divorce lawyers will be able to help you through this period and note the exact dates of separation and advise you as what constitutes as reconciliation.
It is important to note that a couple is able to be classified as living separately despite still living under the same roof and getting in contact with Sydney divorce lawyers early can help you to make suitable arrangements.
What does it take for divorce to be granted?
Firstly, an official application of annulment must be filed with the Federal Court and Sydney divorce lawyers will be able to help you with this process. Following this there are a number of things that must be proven in court for the annulment to be finalised and having Sydney divorce lawyers will ensure you attend the hearing well prepared.
- That there was a valid marriage
There must be proof that the persons filing for legal and official separation were engaged in a valid marriage. If the couple was married overseas then they will need a marriage certificate in English to be presented.
An annulment can only be granted if at least one member of the party; regards Australia as their home, intends to or has lived their entire life in Australia or is an Australian citizen. Should any of these not be the case then there are reasonable grounds for an annulment not to be ordered.
- The marriage is broken down
The couple must be able to prove to the court that there is no way of making the current marriage work. There must be reasonable evidence to show that the marriage is no longer functional. Having Sydney divorce lawyers will help to prove this point as they will be able to best articulate the problems that have caused your desire for divorce. This is why it is important to be open and honest with your lawyer.
- Child care arrangements
For couples with children under the age of 18 it will need to be proven that appropriate care arrangements have been put in place. Sydney divorce lawyers will be able to aid in this area in regards to child custody and determine what the best course of action is for the children to ensure that an annulment will be ordered.
You will need to be able to show proof that the application and notification of annulment was presented to your partner no closer than 28 days prior to the hearing and this period must be greater, 42 days, if the former partner is living outside of Australia.
Ensuring that you meet all of these demands is important as you do not want the hearing to be drawn out. Employing Sydney divorce lawyers as soon as possible is the best course of action to ensure that you are well prepared for what is to come. Being well prepared will reduce the stress of this time and ensure that everything runs smoothly meaning that it can be completed sooner.
In the event that a police officer has stopped a car on a freeway, each party has certain rights and responsibilities that must be protected. On one hand there is the Fourth Amendment that ensures against any unlawful search or seizure against a citizen.
Yet there are circumstances and parameters that allows a police officer to request and conduct a search of a car, bike, truck or any type of vehicle.
Here we will discuss instances where those searches can take place in the eyes of the law within the United States.
When You Have Consented To The Search
If the officer has asked the driver if they can search the vehicle, then they have one of two options. The first is to refuse, a response that is lawful without a warrant present. The other is simply to oblige and consent to the search.
In The Instance of An Arrest
A citizen that has been arrested where a vehicle is presented will likely see a search take place. Given the potential for evidence to be located within the car, this is simply a means of following basic protocol.
When The Police Officer Believes They Are Under Threat
A stipulation that has been contested by certain citizens that feel a strong degree of subjectivity has occurred, there are rights for police to conduct a search should they believe that their own wellbeing is under threat.
When The Officer Has Obtained a Search Warrant
Having been in contact with a judge or higher ranking law official, a valid warrant that identifies a particular vehicle gives police the power to search the car within a certain time period.
When an Officer Believes There is Probable Cause To Find Evidence Pertaining To a Crime
Should there be contraband, blood or something else that could potentially indicate evidence of a crime, then a law enforcement official has the ability to conduct a search of a vehicle.
Should you find yourself in a position whereby a law enforcement official makes a request, there are some steps you can take that are perfectly legal and legitimate. This includes denying the request outright in the absence of a warrant to asserting your Fifth Amendment rights to not comment on the matter. The other is simply to be calm and comply with a request without making any actions that would alert a police officer to any potentially threatening or criminal activity.
When a prosecution or defense is looking for a form of evidence that proves their case beyond a reasonable doubt, there will be all manner of formats and categories that are looked over in detail.
From scientific evidence with DNA testing, DUI admissions and crime scene samples to intercepted communications, documentation, statements on the record from the defendant and other parties, there is a myriad of subjects that can become admissible in a court of law.
What will be held up as one of the most important facets of evidence is that of eyewitness testimony. Considered direct evidence that is beyond circumstantial, this is an element that is heavily relied upon to convince a judge or jury that the events they described actually took place.
Here we will detail why this form of evidence is so strongly valued in the legal profession.
Corroborated Against Evidence
Eyewitness testimony is rarely made in isolation from other facts of a case. In the event of a murder, a robbery or an assault charge, there will either be a number of eyewitnesses, scientific evidence or other types that can be regarded as circumstantial that fit a narrative of the prosecution or defense.
Attorneys will strive to source an eyewitness who has likely given a statement to law enforcement on the scene of the alleged crime in real time. Whether they fit their argument or not, there will be a need to validate or throw into question the legitimacy and standing of this individual.
Human Nature To Believe Testimony
There is a strong psychological element at play when we talk about the validity of eyewitness testimony. From the perspective of a psychologist who examines human behavior from a broader point of view, there is an intangible quality to a citizen that takes an oath and proceeds to outline what they saw as it pertains to the case. It is only human nature for members of a jury to believe an eyewitness that can be proven was in a position to see the crime play out before their own eyes.
Problems and Concerns
Whilst there is incredible value to an eyewitness to a case as they take the stand to make their official statement, there have been cases where such testimony has led to false convictions and exonerations. Cold cases in hindsight have proven to weigh this testimony too heavily in favor of one side or the other as later DNA evidence would end up contradicting the verdict handed down to the defendant.
This becomes a matter for a judge or jury to make an assessment on the eyewitness’s character and credibility.
Facing an arrest will be one of the most harrowing experiences an individual can be subjected to. This is a time fraught with anxiety, stress, anger and bewilderment and it is here than a qualified attorney should be sought.
Given their background, expertise and experience during this process, it will be their council that a client requires to decide a course of action that will benefit all parties.
The lawyer will have a series of options at their disposal as their client is taken through the booking procedure. After careful deliberation, they will have the power to undertake any of the following actions that work in the benefit of their client.
Issue a Bail Bond
A bail bond can be filed from an attorney on behalf of their client following an arrest. This allows the individual to be removed from jail or a holding cell in the short-term, but acts as insurance for law enforcement to ensure that the charged party will have to return to face the charges. The amount of bond will be determined in accordance with the nature of the offense, with general misdemeanors only requiring a small amount up to criminal charges that could be substantial (if issued at all).
Source a Criminal Defense Specialist
If there is a criminal matter at play where a client is placed in a scenario that is criminal in nature, than a specialist attorney might need to be found. Those professionals in the legal field will have networks and connections that are easier to find than what could be discovered by a citizen who has the stress of facing charges. Usually a lawyer will want to lead the defense off their own accord, but they can reach out to a peer in a time of need.
Arrange a Court Date
An arrangement hearing will be necessary if you are charged with a crime, and this is an important notification that your attorney will need to communicate to you as the client. From this point forward, a schedule and plan will need to be formulated to determine a course of action that includes consultations and meetings in between.
Decision To Contest or Accept Charges
Whether to head to trial or not is a serious decision that an attorney will consult their client on. This will be dependent on the evidence held by the prosecution of the nature of the charges, as it might pertain to a plea bargain deal where the charges are dropped or downgraded.
Marijuana remains one of the most divisive and discussed drugs in the Western world. That is even before the issue of legality is introduced as different countries adopt contrasting approaches to the substance.
From Portugal and Canada on one hand who have embraced a model of legalization to the United States and others that have classified the drug as illegal, there are conflicting perceptions as to the public dangers and benefits that are sourced through these policies.
Some understand that there are benefits to regulation and taxing of a drug that is already in wide use across the country. Others believe that criminalization is the best course to act as a deterrent.
Whatever perspective marijuana is seen from, there is no doubt that the United States is a country that is evolving and transitioning away from a zero tolerance policy. However, there are ongoing legal challenges and stipulations that must be identified for the sake of citizens, police officers and attorneys alike.
Felony Possession Charges
There are certain states where possession alone can be classified as a felony and the penalty can be severe. Consider Tennessee, Florida, Arizona and Oklahoma in particular when it comes to law enforcement’s view on the substance. Arizona in particular is known as taking the most hardline stance against the drug possible whereby citizens caught with marijuana can face a felony charge completely in isolation from circumstantial evidence.
Legal Possession States
As of 2018, there are ten states where smoking marijuana is legalized. This includes Washington D.C., Alaska, Colorado, Maine, California, Nevada, Massachusetts, Washington, Oregon and Vermont.
The notion of decriminalization does not make marijuana legal in the purist sense of the word, but it works to end the process of prohibition. As well as those ten states that makes the drug legal in terms of possession, there are others including Minnesota, Mississippi, New Orleans,, Illinois, Delaware, New York, Rhode Island, North Carolina, Maine, Connecticut and Maryland where the penalties are far less severe.
For states as territories such as New Jersey, Hawaii, Louisiana, North Dakota, Michigan, Montana and Arkansas, marijuana is open for those that can access a medical certificate. In is in the event that the citizen is suitable for use during a form of debilitating illness.
There is no question that the subject of marijuana will be an ongoing debate for different states to discuss over the course of time. Classifications will change and be debated as social behaviors and perspectives are altered.
Each and every US citizen has the right to an attorney. If you have been arrested, charged or facing an offense where a lawyer should be present, then there will be a handful of options that will present themselves in due course.
One will be to find and locate a lawyer from the open market. Perhaps you know the individual and enjoy a prior relationship, or you simply sourced a name that has the skillset and experience to handle the case in question.
Another option is to take an early plea and ignore an attorney altogether. A radical approach is to defend yourself in a court of law, a scenario that has a minimal degree of success.
The resort that will be adopted by most who do not have the means of finding their own attorney is taking on a court-appointed lawyer.
Whilst this is not a dire scenario, it still carries certain disadvantages.
Lack of Experience
A healthy portion of court-appointed lawyers are those professionals who are looking for experience, either through pro bono cases or via the court system. Specialists that have the background and experience to justify their billing won’t be located on these lists and that added knowledge and awareness can make a significant difference in the final determination.
A court-appointed lawyer will likely be juggling multiple cases without the help of a well-resourced law firm that can invest in their expertise. They will have to undertake their own research efforts without the technology or paralegal support that the opposition might enjoy.
As a client, you should not judge a book by its cover. Just as you would wish a judge or jury to hear the evidence before making a concluding argument, there is no need to dismiss a court-appointed attorney on the basis that they are yet to earn a stellar reputation or charge hundreds of dollars per hour.
However, the end game is all the client will really care about when a case is before the court – a scenario where sentiment cannot and should not come into play. From all the evidence that has been gleaned from various scholars and legal experts, you have a stronger chance of success in a courtroom if you can source an attorney that is a specialist in the field that has been acquired off your own accord.
From the initial four options that will be available to a defendant, a court-appointed lawyer should reside only marginally behind a lawyer that you have sourced yourself. It is not ideal, but far removed from the alternatives.
Copyright © 2018 kc-theatreorgan.org. All rights reserved.