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Public Records: What are they and where do you find them?Author: Celeste StewartTypes of Public Records Public records take many forms ranging from birth and death certificates to military and property records. Essentially, anything that is recorded by a city, county, state, or federal agency could be available to the general public. The Freedom of Information Act and the Privacy Act are two federal acts that describe the types of records and related information that are available to the public. Because so many agencies are involved in recording events such as births, deaths, marriages, adoptions, lawsuits, criminal convictions, tax deliquencies, property tax assessments, and so on, an equal number of agencies are involved in storing and managing those records. Because of this, finding specific public records involves first identifying whether the record is managed locally or at the county, state, or federal level.
Finding Public Records at the Local Level Public records at the local level are typically public agency records such as city council meeting minutes, ordinances, ballot applications, and local building permits. Most personal records such as marriage and birth certificates are handled at the county or state level. In addition to city records, don't overlook the possibility of find local records from churches and cemetaries.
Finding Public Records at the County Level For recent births, deaths, marriages, and other events involving public records, the county clerk's office may be your first stop. These records are issued at the county level though eventually, the records are transferred to the state. If you need to find older birth, death, and marriage records, your next stop is the state. Note that you need to search for records at the county or state where the event took place. For example, if the person whose birth record you need to find was recently born in the city of San Diego, you would need to look for that record San Diego County's Assessor/Recorder/County Clerk's office. If the record is no longer on file at the county clerk's office, your next step would be to contact the California's Department of Public Health Services Office of Vital Records.
Finding Public Records at the State Level All states have an office that handles public records. This office is typically part of the state's public health department and may be named the "Office of Vital Statistics." Because the names do vary slightly, head to your state's website and enter the phrase "public records" into the search box and you'll likely find the correct division or bureau handling these vital statistics. In order to obtain a copy of birth certificates, death certificates, marriage licenses, and other public documents, you will need to fill out an application requesting the record. You may need to verify that you are qualified to request that record. For example, if the birth information that you need is not in the public domain, you must be able to prove that you have a legal right to access it. In general, if you're the person named on the birth certificate, the person's legal guardian, or the person's legal representative, you are qualified to request the information. Expect to pay a small fee for copying the document as well as a search fee for locating it.
Finding Public Records at the Federal Level Federal public records include military records, federal court records, immigration records, and other documents related to federal issues. Like state and county records research, you will need to contact the specific agency involved. For example, did you know that you can run an FBI criminal background check on yourself through the FBI? Another good reference for federal research is Archives.gov where you can lookup federal documents.
Article Source: http://www.articlesbase.com/business-articles/public-records-what-are-they-and-where-do-you-find-them-3387421.html About the AuthorLooking for a better way to find public records? FreeRecordsRegistry.com is it! Search for public records online and save yourself the hassle of traveling from agency to agency, filling out form after form, and following up on lead after lead. Submit ExpressSearch Engine Placement
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New York City Marriage Records - How to Get Marriage Records of New York City
By Patrick Robinson
There are five main Boroughs in the Municipal Archive where the New York City marriage records are kept; they are the following: Queens Island, Brooklyn, Manhattan, Staten Island, and Bronx. If you belong to any one of these five Boroughs, then you already know where to start the lookup for your desired files. However, if you do not belong to any of these categories then do not bother to go to the Municipal archive because they might not have the information that you want; what you should do is to visit the NYS Department of Health because more likely you will be able to get the documents in their office.
When searching for the New York City marriage records at the Municipal Archive, there is a do-it-yourself facility where you will have to perform your own lookup by using one of their microfilm reader machines where you can gain access to their huge database of public files; however, this process is not free because you will be required to pay $5 for using their microfilm reader machine to cover the cost of maintenance, but you also get to enjoy the benefit of using it for whole day with unlimited searches on various personal documents converted into digital format.
If you want certified copies of the said documents, you can request one of the attending staffs to produce certified copies of the files at a rate of $15 per copy; within an hour, your requested official papers shall be given to you. So far, this is one of the best and fastest ways of getting certified copies of these documents.
There are also other options for you; you can call the office and make your request, or you can also mail or fax your request and the requested files shall be mailed to you after few days, weeks, or even months; depending on the amount of workload they currently have.
If you do not need the official documents and the aim of your search for New York City marriage records is for verification purposes, or you just need unofficial copy of the files then another best option for your lookup is to use the online services of various independent companies where they usually maintain enormous database of public data including this one. This method may cost you around $20 to $50; but the convenience of getting your desired documents right at your home without going out of the house is definitely worth the little amount you invested on it.
Run your free public records search now to find records like birth and death, marriage and divorce filings, criminal law, county public records, phone number, address and more.
Article Source: https://EzineArticles.com/expert/Patrick_Robinson/220035
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Personal Injury Lawyer New York City Will Assist You On Legal Matters
By Hadiya Robins
A personal injury lawyer New York City is a law expert who helps an injured to recover the compensation amount through the legal process. He is a qualified professional who has good knowledge about the rules of laws and handles the cases very efficiently to win the case for the victim. The complete legal process is carried by the lawyer to help the victim from the case. The lawyer will make the victim aware of all the procedures that will be followed in the court to win the case. A qualified personal injury lawyer will help the victim to reimburse the money from the defaulter. The lawyers are so intelligent that they make out all possible ways to win the case. Infact, the experience of the lawyer also helps him to handle the different cases very efficiently.
Mostly, the injuries happen due to the negligence or mistakes of others. It can also happen due to medical malpractice of the doctors or some unprofessional medical persons. A personal injury can be sometimes very dangerous to some person as it can lead to death also. This is really sad to know that an injury can take away the life of a person. It becomes fatal that sometimes the victim looses his life. Anytime in life, one can come across such situations that may drag him in personal injury case. It may happen that one can get hurt because the other person has hit him or his vehicle by car and he gets injured. Then, it becomes a legal case and one needs the help of a lawyer.
Generally, the next step that one should follow is to hire a personal injury lawyer and he will help you to file a suit first in the court of law. Then, a legal notice is sent to the defaulter by the court to appear on a certain date for the hearing of the case. After all these procedure, the lawyer will assist the victim and presents his case before the court. Well, these lawyers are of great help to all those victim who are willing to recover a sum of money from the defaulter as a form of compensation.Infact, the injured person is entitled to get the compensation as it a law in United States and a law is meant for every person and everyone has to follow the rules and regulation.
A personal injury lawyer is highly talented in managing the legal issues related to compensation. It is always a good decision for the injured to hire a personal lawyer, rather than taking help of a public prosecutor for such cases. If the victim belongs to New York city then there are many personal injury lawyers that are enough talented and much experienced to handle the case efficiently. However, a personal lawyer will give proper attention on the case and will focus on the injured person's case only. He will make the victim aware of all legal procedure and will tell you how to appear in the case. So, with the aim to get compensation, one must hire an efficient and experience lawyer who is enough familiar with the law. A personal injury lawyer can be found on internet, where one can find complete information about a lawyer. A certified injury lawyer can also be found from the law firms that keeps records of the lawyer
Hadiya Robins is a legal expert. She works for Pulversthompson and gives advice to clients who are looking for personal injury lawyer New York city [http://www.pulversthompson.com/personal_injury.html],highest rated personal injury lawyer,Attorney Immigration New York.For legal advice and to get services of a Lawyer in New York visit http://www.pulversthompson.com
Article Source: https://EzineArticles.com/expert/Hadiya_Robins/50508
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Tips For Understanding How to Get a Child Support Order in New York: Family Court Vs. Supreme Court
By Marc Rapaport
To obtain a child support order in New York, you need to file a complaint or petition for child support in either the Family Court or the Supreme Court. Usually, child support cases are filed in the county where you and the minor child live. However, you can also commence a child support proceeding in the county where the child's noncustodial parent (typically the father) resides.
Choosing the Appropriate Court for a New York Child Support Proceeding - Family vs. Supreme:
If you are not married to the other parent, your child support proceeding must be filed in Family Court. If you and the other parent are married, you also have the opposition of requesting a child support order in Supreme Court in conjunction with a divorce case. Because of the complex procedural requirements associated with Supreme Court proceedings, you should strongly consider retaining a New York child support lawyer if you are considering Supreme Court.
There are substantial differences between Family Court and Supreme Court. These differences include:
- If you intend to proceed pro se (i.e., without an attorney), you will generally find Family Court far more user-friendly. The vast majority of Family Court litigants do not have attorneys. Also, in Family Court, proceedings are frequently conducted by support magistrates or referees, rather than judges. In practice, this means that the procedure is less formal. Often, evidentiary rules that are strictly applied in Supreme Court are applied less stringently in Family Court.
- In Family Court, you do not need to pay a filing fee. In contrast, in Supreme Court, there is a $210.00 Index Number Fee for filing a new case. However, the Index Number fee can be waived upon a showing of financial need.
- The legal forms and procedures for beginning a support case are much easier in Family Court than in Supreme Court. A support proceeding in Family Court is commenced by the filing of a simple petition. The Family Court's clerk's office has fillable forms that you can use. There is no requirement that you state a particular amount of support to be paid. The Family Court has the power, irrespective of the amount demanded, to grant an appropriate amount based on the proof presented at a hearing.
- Finally, Family Court support proceedings are also easier than Supreme Court proceedings because in Family Court, the court itself will issue the summons. In Supreme Court, you will need to prepare your own summons. When you file your support petition, the court clerk will provide you with copies of the summons and petition, which should be personally served on the respondent by a New York resident other than yourself. If you believe that the non-custodial parent may try to evade or deny service of process, you should strongly consider hiring licensed New York process server.
New York Child Support Law: Only Custodial Parents Can Get Support:
Regardless of which court you select, there are certain basic rules of law that apply to all New York child support cases. First and foremost, only a custodial parent is entitled to support. Under New York law, you are the custodial parent only if you have physical custody of the child a majority of the time. This rigid rule has survived various legal challenges. Other states are more flexible, and recognize that parents with physical custody less than 50% of the time may, in certain situations, be awarded support. This is not the case in New York. You can only be awarded support for a child if you have custody, which is rigidly interpreted as having physical custody.
Generally, the obligation of the non-custodial parent to pay support for a child continues until the child reaches the age of 21 or if he or she is emancipated at an earlier date. A parent may not be directed to pay child support or contribute to college education for a child who is 21 years of age or older where that parent has not expressly agreed to do so, since it is well established under New York law that a parent is only chargeable with support for a child who is under the age of 21. In this regard, New York law differs from the law of other states. For example, in Maryland, child support ends when the child reaches the age of 18. At the opposite end of the spectrum, in New Jersey, there is no fixed date for the termination of child support.
The amount of child support payable by the noncustodial parent is generally determined by a law known as the New York State Child Support Standards Act (CSSA). The CSSA includes a formula based on the parents' incomes and the number of children. In addition to the percentages of "basic child support" provided for under the CSSA guidelines, the noncustodial parent is also required to contribute to work-related daycare expenses, out-of-pocket medical expenses, and, in certain instances, educational expenses. A copy of the CSSA child support guidelines is available on the website of the New York State Unified Court System. To read more about New York's support guidelines, and the percentages that apply based on the number of children, visit http://www.rapaportlaw.com/areas/childsupport.php
Because support procedures are complex, you should strongly consider meeting with a New York family law attorney prior to commencing a case. You should also review the support guidelines that are provided, free of charge, by the New York court system.
New York attorney Marc Rapaport is the founder of Rapaport Law Firm, a family law firm located in New York City's Empire State Building. Mr. Rapaport has 19 years of experience handling child support cases in New York's Supreme and Family Courts. Read more about New York family law, and Rapaport Law Firm, at http://www.rapaportlaw.com
Article Source: https://EzineArticles.com/expert/Marc_Rapaport/121439
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New York Landlord Tenant Laws That All NY Landlords Must Know Before Trying to Evict a Tenant
By Marc Rapaport
Evicting a tenant in New York typically requires the landlord's commencement of either a nonpayment proceeding or a holdover proceeding. Both types of proceedings are known as "summary proceedings" because they are intended to facilitate expedited (faster) adjudication than is available for other types of cases.
In actuality, landlord-tenant proceedings often involve repeated court appearances, particularly in those instances where tenants willfully try to delay the eviction process. To minimize such delays, New York landlords should carefully review all eviction notices and other documents to ensure that their contents are accurate and complete. A landlord should also closely monitor the manner in which the prequisite notices and petitions are served on the tenants so as to avoid any claims (defenses) by the tenant as to the sufficiency of service of process.
NonPayment Proceedings - The Basics:
A nonpayment proceeding is appropriate when a tenant has failed to pay rent or other charges due under a lease. Prior to filing a non-payment petition, the landlord must first serve a Demand for Rent upon the tenant. In common parlance, the Rent Demand is referred to as a "three day demand" because the tenant is generally given three days from the service of the demand to cure their arrears. However, before serving the rent demand, a landlord should carefully review the terms of the lease. Some leases (particularly for commercial tenants) require more than three days' notice.
The tenant named in the lease must be served with the rent demand. Under New York law, a Three Day Demand is generally not valid unless it includes at least the following: (a) a description of the rented premises (many landlords attach plans or descriptions contained in the lease); (b) the amount of rent due, broken down by "base rent" and other charges, such as utilities; and (c) the date (deadline) by which the tenant must pay the arrears.
The Landlord should ensure that there is an affidavit of service, setting forth precisely when and how the Three Day Notice was served upon the tenant. It is strongly recommended that a landlord use an experienced New York process server to effectuate service of the Three Day Notice, as well as any other documents that must be served upon the tenant in connection with an eviction proceeding. Careful attention to details is essential because many tenants attempt to defendant against eviction proceedings by asserting that they were not properly served with the Three Day Demand.
After the deadline for payment of rent under the Three Day Notice has passed, the landlord is entitled to commence a summary non-payment proceeding by serving the tenant with a Notice of Petition and Verified Petition. The Petition requests that the court enter a judgment of possession and warrant of eviction, as well as a money judgment for arrears. Depending upon the terms of the parties' lease, a landlord may also be entitled to attorneys' fees.
Holdover Proceedings - The Basics:
(a) Holdovers to Evict Tenants Whose Leases Have Expired or Who Have Breached Their Obligations Under the Lease:
Holdover proceedings are are summary proceedings (cases) filed with the goal of evicting tenants who have failed to remove from the leasehold after their term has expired, or who have violated material obligations during the term of their tenancy.
If the term of the tenant's lease has expired, a landlord does not need to serve any prior notice upon a tenant prior to commencing a holdover proceeding. The landlord can simply file a Notice of Petition and Petition directly with the Clerk of the Court.
However, holdovers based upon a tenant's misconduct are far more complicated. If the landlord wishes to evict a tenant for violating the terms and conditions of the lease, New York law requires that the landlord serve two, predicate notices upon the tenant: (a) first, the defaulting tenant must be served with a Notice to Cure; (b) second, after the cure period has lapsed without the breach having been cured by the tenant, the Landlord must then serve a Notice of Termination upon the tenant.
(b) Holdovers to Evict Month-to-Month Tenants:
Sometimes, holdover proceedings are used to evict month-to-month tenants. The phrase "month-to-month tenant" generally refers to tenants who have remained in the premises beyond the term of his or her lease and the landlord has continued to accept the monthly rent rent. Prior to commencing a holdover proceeding against a month-to-month tenant, the Landlord must first terminate the month-to-month tenancy by serving the tenant with a document known as a "Thirty Day Notice".
After providing the required notices, a Landlord commences a Holdover Proceeding by filing a Notice of Petition and Petition with the Clerk of the Court. Any and all required notices (Notice to Cure or Thirty Day Notice) should be attached to the Landlord's Petition.
Preparation and service of all eviction documents must be done with particular care because it is fairly common for tenants to seize upon minor defects in their efforts to defend against eviction. New York landlord/tenant case law is replete with reported decisions in which judges have dismissed eviction petitions for seemingly minor or harmless errors. By paying close attention to the legal requirements set in New York landlord tenant law - including the Real Property Law - as well as careful scrutiny of the eviction forms, a New York landlord will have the best chance of completing an summary dispossession case without undue delays.
Marc Rapaport is the founder and principal of http://www.LandlordTenantNewYork.com, a leading supplier of New York landlord tenant forms, including eviction notices, petitions and lease agreements. Mr. Rapaport serves as New York landlord-tenant counsel to some of the largest real estate firms in New York.
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Tips for Getting a No Fault Divorce in New York: Residency and Procedural Requirements
By Marc Rapaport
To get a no-fault divorce in New York, you must satisfy the requirements of New York's Domestic Relations Law (DRL). New York was the last state in the United States to implement a no fault basis for divorce. Today, the vast majority of divorce cases in New York are filed on the basis of no fault (also referred to as "irretrievable breakdown").
DRL 170(7) - New York's No Fault Divorce Statute:
Section 170(7) of the DRL sets forth New York State's statutory basis for no fault divorce. Specifically, the DRL provides that a New York court may enter a judgment of divorce when the marriage "has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath." In addition, the statute requires that prior to the entry of a divorce judgment, all "economic issues" must be resolved, either by agreement between you and your spouse or a determination by the court. In practical terms, this means that you cannot obtain a final judgment of divorce until there has been a resolution of issues relating to marital property (equitable distribution), spousal support, counsel fees, and (if applicable) issues relating to un-emancipated children of the marriage. A global resolution of financial issues can occur in a variety of different ways, including:
- Entering into a separation agreement prior to the filing of divorce proceedings;
- Signing a Stipulation of Settlement after a divorce case has been commenced; or
- Proceeding to a trial of financial issues.
Residence Requirements:
You may only file for divorce in New York if you meet certain residency requirements. You satisfy the residency requirement if you have lived in New York for a period of two years immediately preceding the filing of your divorce case. However, if you have not lived in New York for two years, do not despair: there are other ways to satisfy New York's residency requirements for divorce.
A list of all the possible ways to satisfy New York's statutory residence requirements for divorce can be found at the New York State Unified Court System's website.
Filing Your No Fault Divorce Pleadings:
Assuming that you meet the residency prerequisite, you begin your divorce case by filing either a summons with notice or summons and verified complaint with the Supreme Court in the county where either you or your spouse reside. The choice of the appropriate county is called "venue". There is one exception to the foregoing rule: regardless of where you reside, you are permitted to file a divorce case in New York County (Manhattan), which is considered an "open" county and is available for all New York residents. However, if you neither you nor your spouse resides in Manhattan, you run the risk that your spouse will be able to subsequently request a change in venue (i.e. that the case be transferred to a county where he or she lives).
Once you draft your initial pleading (i.e., the summons and/or summons and complaint), you should make at least three copies of the divorce papers. The original is filed with the Supreme Court clerk in the county where you are commencing your proceeding. When you file your summons, you will need to pay a filing fee that is commonly referred to as the "Index Number Fee". Once you file your pleading and pay the fee, the court will assign an index number (also known as a docket number) to your case.
Serving the Divorce Papers:
After you have filed your summons, you need to arrange for service of process of the summons (or, if you have also filed a complaint, the summons and complaint) on your spouse. If your case is uncontested, your spouse may be willing to sign an affidavit of defendant in which he or she acknowledges receiving the summons. Otherwise, you need to arrange for personal delivery of the papers by a New York resident over the age of 18 years. The papers may not be delivered (served) on a Sunday.
The person who serves the papers will need to sign and acknowledge an Affidavit of Service, in which he or sets forth their name; the location at which the papers were served; the date and time of service; and a physical description of your spouse. If the person who serves the papers is not personally familiar with your spouse, they should use a photograph to ensure that the correct person is served. The photograph should then be attached to the affidavit of service form.
Marital Settlement Agreement:
Once service of process has been completed, many couples face the reality that a contested divorce proceeding is overwhelmingly stressful and expensive. For this reason, they try to negotiate an amicable resolution of ancillary financial issues, such as equitable distribution, maintenance, child support, and custody.
If they have not already done so, many matrimonial litigants retain a New York divorce lawyer to help them navigate the complexities of New York matrimonial law. If they do not have the resources to retain a divorce attorney, middle-income litigants sometimes turn to document preparation sites, which provide step-by-step instructions for completing matrimonial agreements and uncontested divorce forms.
If you are able to resolve your differences by signing a marital settlement agreement, your case will then proceed "on the papers". This means that neither you nor your spouse will be required to testify in court. Instead, your divorce judgment will be entered by a New York Supreme Court Justice based on documents that you submit, which include affidavits, a proposed judgment, and related papers.
Because New York divorce law and procedure is unusually complex, most New Yorkers facing divorce are best served by at least having a consultation with an experienced matrimonial attorney. At a minimum, an experienced NY divorce lawyer will help you identify which assets are marital - and thus subject to distribution in divorce. A divorce attorney will also be able to provide guidance on how to deal with issues such as dividing retirement accounts. Qualified retirement accounts (such as pensions, 401k's and profit sharing plans) can only be divided with specialized forms known as qualified domestic relations orders (QDRO's). Finally, a domestic relations attorney will also be able to help you understand whether you or your spouse may have a valid claim for maintenance (also known as alimony).
There are many different avenues for obtaining information about the procedures, requirements, and legal guidelines applicable to NY divorces. Whether you rely on a NY matrimonial lawyer, divorce form service, or the court's website - or all three - it is important for you to gather as much information as possible about divorce.
Marc A. Rapaport is a New York divorce attorney with 19 years of experience. Mr. Rapaport handles both contested and uncontested divorce and family law cases in New York City. Mr. Rapaport regularly appears in the local and national media, including the National Law Journal, New York Magazine, New York Law Journal, and more.
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How the New York Defensive Driving Program Works and How It Can Benefit New York Drivers
By Janet Guthrie
The state of New York wants to make sure that every singe New York resident is a safe and responsible driver. With that in mind, the New York DMV created the Internet Point and Insurance Reduction program, or iPIRP. This program gives all New York drivers incentive to take and driver improvement class. Simply by studying up on the best ways to drive, residents in New York can save a lot of money and make their lives a lot easier.
What are the perks to taking a New York Defensive driving class online?
Point Reduction
If you have points on your driver record, it can lead to a lot of frustrations in the form of fewer employment opportunities, higher insurance rates, or even a suspended license. Fortunately, you can get a full four points knocked off of your record simply by taking a New York iPIRP course. As soon as your certificate of completion is sent to and registered by the New York DMV, 4 points that may have accumulated due to tickets or accidents will be removed from your record.
Insurance Discount
Another major perk is that simply taking a New York traffic school course qualifies you for a 10% discount on your insurance rate for a full three years. All auto insurance companies that operate in New York must abide by the discount, so as long as you are a driver in New York, you qualify. Please contact your insurance carrier to see what you need to do after taking the course in order to get your discount.
Court Order
Occasionally, a judge may order a driver to take a New York defensive driving class in lieu of more severe sentences in a traffic court case. Many judges see this as a great opportunity to make a driver safer without unduly burdening either the driver or the court system. If this is your situation, you merely have to complete the course and deliver the certificate of completion to your court clerk in order to satisfy the requirement.
A Condition of Employment
If you are applying for a job that requires you to drive frequently, your employer may request that you take a New York driver improvement course before you get behind the wheel on their behalf. If this is your case, any approved New York defensive driving class will help you get the certificate of completion that you need to start working.
Want more information on how to take a New York defensive driving course [http://www.ipirpnewyorkdefensivedriving.com] and how it can help you? Visit [http://www.ipirpnewyorkdefensivedriving.com].
Article Source: https://EzineArticles.com/expert/Janet_Guthrie/1293563
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A Bronx Criminal Lawyer's Guide - The Path From Arrest to Arraignment in Bronx County, New York
By Alexander Sanchez
There is a commonly held belief amongst lawyers, as well as the general public, that all criminal matters initiating with an arrest somewhere in the United States, follow some precise, consistent, and direct trail leading to formal court proceedings. This, unfortunately, is far from reality. There are many factors which have an important impact on the process following an arrest. These factors include, but are not limited to, the location where the person was arrested, the availability of a nearby operating judicial center, access to legal counsel, the availability of prosecutors, court clerks, stenographers, computer systems, and many other elements essential to any legal process. Persons arrested in remote areas, at night, can expect to spend several hours at a police station with little or no access to lawyers. Most are surprised to learn that many Judges called in to conduct the arraignment-quite often in the back of a police station-are not lawyers at all. Many arraignments take place without legal counsel, prosecutors, court clerks, or even stenographers. Fortunately, a person arrested in Bronx Couny, New York City, will, with few exceptions, follow a highly organized path leading directly to his or her arraignment. Available courts, lawyers, prosecutors, stenographers, and all those persons, or systems, necessary to move the matter along in a timely and orderly manner, are in place. As orderly as it is, however, the process may appear Kafkaesque to the general public, and even to the untutored legal practitioner. The following is a roadmap outlining the precise journey virtually all cases take from the moment of an arrest to the official arraignment proceedings.
All criminal matters in Bronx, New York, commence with the report of a crime, either by civilian witnesses, or by police officials. A civilian reporting a crime may be an actual eyewitness, a victim of a criminal offense, or a representative of the victim, such as a parent. In addition, certain classified professionals, such as social workers, doctors, lawyers, or legal guardians, are obligated by law to report certain offenses that come to their attention. The police may initiate a criminal complaint against an individual in the absence of any victims or witnesses. Typically, this occurs when the police observe an individual committing an offense, such as driving while intoxicated, possession of a weapon, or the sale and possession of drugs.
After a complaint is made by a civilian, or observed by the police, a potential suspect may not be arrested immediately. Attempts by the police may be made to encourage the suspect to speak with the police in an attempt to obtain incriminating statements, or provide evidence of, or proceeds of a crime. Soon after the suspect either speaks with the police, or demands legal counsel, the actual arrest may take place. The arrest occurs when the individual's freedom has been physically restricted, either by handcuffs, the physical restraining of the suspect, or by threat of force. After the arrest, the suspect is usually brought to the local police precinct for processing. Processing includes the fingerprinting of a suspect to determine the exact identity of the individual based on any prior criminal history. If the individual has no prior police record, the fingerprint report will so indicate. Once the individual has been printed, his NYSID number will appear on his fingerprint report. NYSID stands for New York State Identification. A person with a prior police record will be assigned the same NYSID number. A person who has never been arrested will be assigned a new NYSID number. The NYSID number is used to track the person's criminal history throughout the State of New York. It also reveals whether or not the person has any outstanding bench warrants, owes any fines to the court, or is wanted in another state, or jurisdiction. The suspect is also assigned an arrest number. The arrest number pertains only to this particular arrest. In addition to the printing, and records check of the arrested person, photographs are also taken for identification purposes.
The next step in the process is the actual filing of a police complaint report. The police complaint report is filled out by the arresting officer. It provides a brief description of the offense, the evidence obtained, the names of the victims, or witnesses, if any, and the precise charges for which the defendant has been arrested. The arrest report also contains the defendant's name, address, and personal information. This information, known as pedigree, usually comes from the defendant himself, and becomes part of the official report. Once all of this information is compiled, the defendant, the arrest reports, fingerprint reports, and all other relevant information, is transported to Central Booking. Central Booking is located in the Bronx Criminal Court Building. Here the entire file prepared by the police is presented to the Bronx District Attorney's Office. The District Attorney reviews the entire matter and decides whether or not to proceed with the arrest process. If the prosecutor declines to prosecute because of insufficient evidence, or for some other reason, the defendant will be released from custody, and all records, and photos compiled will be expunged. If the matter is not dismissed, a formal criminal court complaint will be prepared by the prosecutor.
The criminal court complaint is a more detailed complaint of all of the charges made against the defendant. It contains information about the evidence obtained, the names of witnesses, the times and places of the crimes charged, and an affidavit by the complaining witness, or the arresting officer. Once this affidavit has been reviewed and signed, the entire matter is forwarded to criminal court for the arraignment. The arraignment is when the defendant is brought before a court and publicly notified that certain criminal charges have been filed against him. Prior to the arraignment, each criminal court complaint is assigned a docket number. The docket number pertains only to this particular criminal court complaint. Before the actual arraignment, however, the suspect, now a defendant, is entitled to legal counsel. The attorney assigned, or hired by the defendant, will be provided a copy of the official criminal court complaint, along a copy of the defendant's criminal background. The attorney will then be permitted to speak with the defendant before the arraignment. The purpose of this interview is for the attorney to notify the defendant of the charges that have been filed, obtain any important information, such as defense witnesses, discuss bail related issues, and answer all legal questions of the accused. Once this is complete, the defendant is then brought before the court for the arraignment. The actual arraignment usually lasts no more than a few minutes. The prosecutor typically notifies the Judge of the seriousness of case before the court, and whether or not bail is being requested. The prosecutor also notifies the defense attorney whether or not any statements were made by the defendant, and if the defendant was identified in a line-up, or in some other fashion, such as a photo identification. Once the prosecutor finishes addressing the court, the defense attorney speaks on behalf of the defendant. The primary goal of the defense attorney at this point is to obtain the release of the defendant without bail, or with minimal bail conditions. The attorney may argue that the matter before the court is a minor criminal offense, is legally insufficient, or represents the defendant's first offense. The attorney may also argue that the defendant maintains strong community ties, such as work and family, and is unlikely to warrant if released. At this point, the Judge makes a decision as to bail, and simply adjourns the matter for further legal proceedings, completing the arraignment process.
* ALEXANDER SANCHEZ, EXPERT BRONX CRIMINAL LAWYER 718-665-0112 - Recommended
Alexander Sanchez, Esq. has been practicing criminal defense in the Bronx for nearly 30 years. He is highly regarded as one of the foremost criminal law experts in the City. He also appears regularly on CNN News, Nancy Grace, Court/Tru TV, Fox News, and other news oultets discussing major legal issues. If arrested, or under investigation, Call Alexander Sanchez. All criminal matters expertly handled. Office across street from Bronx Courts. Cases handled include DWI, DUI, Driving while intoxicated, felonies, misdemeanors, violations, DATs, Desk Appearance Tickets, Pink Summons matters, drugs, robbery, weapons, domestic violence, assaults. fraud, suspended licenses, new arrests, and emergency cases. Protect your rights. Call now for immediate asistance.
Alexander Sanchez, Esq.
860 Grand Concourse
Bronx, NY 10451
718-665-0112
http://www.Alexander-Sanchez-Bronx-Criminal-Lawyer.com
http://www.Bronx-Criminal-Lawyers.net
Article Source: https://EzineArticles.com/expert/Alexander_Sanchez/492898
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New York Traffic Courts
By Warren Redlich
Justice court is the main traffic court where speeding tickets are handled in most of New York State. The justice court system includes town courts and village courts. City courts often serve the same function, but are technically not justice courts. These courts handle traffic tickets, a variety of criminal cases (including DWI) and other violations, and some minor civil matters.
In a few places in the state, including New York City, parts of Suffolk County, and the cities of Buffalo and Rochester (but not the surrounding towns), tickets are handled by a different system called the Traffic Violations Bureau (perhaps the subject of a future article). Traffic Violations Bureau is a world of its own, and is more difficult for non-lawyers than the justice court system.
Typically a driver will get a speeding ticket somewhere in the state, and won't know what to do with it. Traffic tickets in NY are not as clear as other states. They usually don't say what you owe. They tell you to respond within 48 hours, and then in another spot tell you to appear in traffic court on a certain date.
You can respond by mail, and in most courts it's okay to be late (though certainly not recommended). In many counties north and west of Albany, an attorney can resolve the ticket by mail or fax with the prosecuting attorney or directly with the officer, and with the Court. In some courts, including most of Albany County and the counties to the south, someone will eventually have to appear in Court.
The typical way this is handled is the attorney mails in a letter pleading "not guilty" and asking for a control date or a trial date. With a control date, the case goes into limbo while the attorney negotiates with the prosecutor. With a trial date you usually want to get things resolved before that date, or appear in Court on that date. A good attorney will be able to appear for you in most courts so you don't have to go yourself.
The attorney will negotiate whatever result he can get for you and let you know how much to pay and the deadline for payment.
There is tremendous variety in how cases are handled in the various traffic courts. In many courts, the police officers run the calendar. In some, the judges go by which attorney is ready first. And in a few, no one seems to have any idea what the process is.
Some judges will dismiss a ticket if the officer does not appear for trial. Many judges will simply grant an adjournment to give the officer another chance. While that might appear unfair, in reality the process gives the defendant many opportunities to recover if they miss a date. A common mistake many people make is that they assume the date on the ticket is a trial date. It is not. The officer does not have to appear for that date (and neither do you).
Some judges will not accept deals if they think the reduction is too great. Other judges will approve any deal. In certain counties, for example, for a speed of more than 25 mph over the limit, many judges will insist that the deal must still be a speed, even if a lower one.
Of course, you will find the same variety among police officers and prosecutors as well.
Traffic court hours vary widely too. Most larger courts have their clerk's office open for normal business hours (9-5 or perhaps 8-4). Some smaller courts are rarely open. Some courts have their trials at 8 am, some during the day, and many in the evening. Some courts are so busy they have multiple sessions.
Some courts will handle criminal matters on a different schedule than regular traffic tickets. DWI cases are usually handled on the criminal calendar.
Attorney Warren Redlich has developed a web directory of traffic courts in New York State, based on his experience defending speeding tickets, DWI cases, and other criminal matters in all kinds of courts in New York State, from the smallest village courts up to felonies in County Court and federal court as well.
Article Source: https://EzineArticles.com/expert/Warren_Redlich/18210
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New NYC Parking Permit Study: NYPD & NY Court Officers Are Biggest Offenders
By Erik Feder
Citizens and merchants in many areas of New York City have been complaining that legal NYC parking spaces are taken by cars sporting "official business" parking permits - when they aren't on official business. The complaints also allege that oftentimes these vehicles block crosswalks and ramps; thus restricting access to storefronts and businesses. Not surprisingly, with Manhattan street parking being among the most difficult to find, the loudest complaints have come from areas in downtown Manhattan, such as Chinatown.
New Study Shows NYPD Among Biggest Culprits
The organization Transportation Alternatives recently released a study which, using nine neighborhoods as it's sample area, documented NYC parking permit abuse among various New York City employees. Their study yielded the following key findings:
* The NYPD is responsible for 46% of illegal parking permit abuse. This is by far the largest share of any single agency.
* Regarding NYC parking permit abuse which caused safety hazards (blocking fire hydrants, parking on sidewalks, in front of crosswalks, intersections, and bus stops) the NYPD fronts the pack with 61% of overall abuse.
* Concerning valid NYC parking permits used illegally at the curbside (illegally parking at signs with riders forbidding that particular permit's usage), the NYPD bears responsibility for 63% of the abuse.
* Court Officers are responsible for the majority of fraudulent NYC parking permits with 54% of the total. This is followed by Corrections, Court Clerks, and the FDNY.
* 77% of NYC parking permit holders use their permits illegally.
The full data is accessible through the Transportation Alternatives' website - http://www.transalt.org/campaigns/reclaiming/abovethelaw.pdf
Clearly, the City is causing many of it's own parking problems. A spokesman for the NYPD said the Transportation Alternatives analysis was flawed because it only looked at known trouble spots but added that the NYPD will ticket permit holders for parking illegally.
Author Erik Feder is "The Parking Expert". He has done extensive research on the Manhattan parking scene, including driving on every single street in Manhattan while compiling his books "The Feder Guide to Where to Park Your Car in Manhattan (and Where Not to Park It!)".
Rhythmo Productions [http://www.wheretoparkmanhattan.com] 1-877-412-PARK (877-412-7275)
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Understanding Options For Negotiating Misdemeanor Charges
By Lawrence Newman
Ithaca, NY is a collegetown located almost four hours from New York City. Sometimes student behavior results in criminal charges. Some might call it hijinks (merrymaking), or shenanigans (according to Wikipeida: Shenanigans are trickery, mischief, or underhanded actions), or as I call it "what were they thinking?" What often seems like a good idea at 3:00AM makes no sense in the light of morning.
Yeah Ithaca College and Cornell University students sometimes unwind from the stress of studies in interesting ways. In my youth, I was a fraternity member. So when things happen, as they often do, at the wee hours of morning, when brain cells are not fully engaged students wake up with various criminal charges.
These students are usually facing misdemeanor charges. A criminal conviction would stay on their permanent record forever. New York State unfortunately does not have an expungement statute. Many of these first time offenders just made a bad decision and/or judgement call. Depending upon the facts and circumstances of the incident, for first timers (to the Court system) these types of charges can usually be negotiated to a non-criminal disposition or a dismissal.
There are a few different options for negotiating and thus mitigating the misdemeanor to something less harmful. Barring prior client criminal history or other extenuating circumstances of the crime charged the Court and the Prosecutor will usually seek an amicable resolution option.
One such option is an ACD. An ACD is a diversionary disposition. It is a Court Adjournment of the matter (for 6 months) in Contemplation of Dismissal. In other words, if the offender does not get into any further trouble with the law over that six month time period the charges will be dismissed by the Court. An ACD is almost as good as an outright dismissal of the charges, your only condition being avoidance police involvement in your life over the specified time period.
If the facts and circumstances of the offense charge involve more serious allegations then the Prosecution and the Court will not usually agree to an ACD. The charges may still be at the misdemeanor level of crime, but they may involve violence, or a pattern of drug abuse, or harm to people or property. These cases are naturally dealt with more harshly by the prosecutors and the Court. Their concern for the general public is understandable.
In these situations a second possible option is a negotiated plea to Disorderly Conduct. Commonly called a "Discon" in criminal Court parlance. Disorderly conduct is not a crime, it is considered under the Penal Law to be a Violation.
Disorderly conduct covers a wide range of unlawful conduct, behavior, and activities.
Disorderly Conduct, Under Penal Law 240.20, has many subdivisions. According to the Penal Law, a person is guilty of this violation when, "with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof," a person does one of the following:
(1) Engages in fighting or in violent, tumultuous or threatening behavior;
(2) Makes unreasonable noise;
(3) Uses obscene or abusive language or obscene gestures in a public place;
(4) Disturbs a lawful assembly or meeting of persons without any lawful authority;
(5) Obstructs vehicular or pedestrian traffic;
(6) Congregates with others in a public place and refuses to comply with police requests;
(7) Creates a hazardous condition or physically offensive condition by any act which serves no legitimate purpose.
What are the advantages to a plea to Disorderly Conduct (a violation) versus a plea to a Criminal Misdemeanor?
1. A Violation is not considered a criminal disposition or conviction. It is a non-criminal disposition.
2. A person who is convicted, by plea or trial, of a violation is entitled to have the record sealed.
3. A person who is convicted, by plea or trial, of a violation is entitled to have their fingerprints and any photographs (mug shots) returned.
4. Disorderly conduct is a "non-printable" charge for which fingerprints are not required.
5. A person who is convicted of a violation is entitled to have that statewide record kept confidential. In other words, no statewide search by the Office of Court Administration of electronic records can be disseminated to the public of a Violation once it is sealed.
Note however that the actual paper records kept in a City or Town's Criminal Court are not sealed, and the public does have access to the physical record in the clerk's office. Someone could physically go to that particular City, Town, or Village Court and find your records.
A Disorderly Conduct plea can be a practical resolution and compromise to having a trial. Trials always involve a degree of risk. The risk of losing at trial (and being found guilty of a misdemeanor) usually far outweigh the benefits of pleaing to a violation.
For the all following reasons, when prosecutors and defense lawyers negotiate pleas to violations it helps clients avoid the lifetime consequences of a conviction for a crime that they were alleged to have committed.
Larry Newman, Ithaca DWI Lawyer
[http://www.ithacadwi.com]
607-229-5184
Article Source: https://EzineArticles.com/expert/Lawrence_Newman/315514
http://EzineArticles.com/?Understanding-Options-For-Negotiating-Misdemeanor-Charges&id=2317454
Are Public Records Free?
By Celeste M. Stewart
Public Records: Free or Fee?
Federal and state laws govern access to public records. For example, at the federal level, the Freedom of Information Act and the Privacy Act spell out which records the public can access including federal agency records and records containing personal information about oneself. These acts also specify any fees associated with access. For example, the Freedom of Information Act permits agencies to charge fees to those requesting the information including hourly search fees and charges for copying the documents. Under the Privacy Act, the only fee an agency can charge is for copying the documents.
Non-commercial Public Records: Free 2-hour Search and 100 Pages Copied
According to the U.S. Government Services Administration's Your Right to Federal Records publication, people requesting documents that fall under the Freedom of Information Act that are for noncommercial purposes are generally not charged for the first two hours of searching or for the first 100 pages of copies.
State Public Records: Free?
Depending on the laws governing the information you seek, you may be able to get public records free, but you may have to pay for copies. State laws vary as well, so if the documents fall under the state, you'll need to check with the state's office of vital statistics about potential fees. Like federal regulations, it's not unusual for states to charge small fees for copying.
Public Records Free Online
Some government agencies make records available online. For example, records about sex offenders is generally available online for free. However, access to other public documents can be costly. While The National Death Index charges small fees of $5 per known decedent or $0.21 per subject per year searched for subjects that are unknown, additional service charges apply such as a $350 initial submission fee. Similarly the Social Security Death Master File, which is available through the U.S. Department of Commerce's NTIS.gov site, costs $1825 for a single issue DVD or $995 for an annual online subscription (with even higher prices for other versions).
Public Records: Free at the Courthouse
If you want to get public documents for free, visiting the city clerk's office or courthouse may be your best bet. Free access to these documents is usually granted if you visit courthouses and agencies in person; however, if you need a copy, you may be required to pay for copying. The problem with this option is that going to the courthouse where the records are stored isn't always practical. For example, if you're in California and the records you need are stored in New York, you'd have to fly across country, pay for lodging, and incur additional expenses. In addition, if the records are old, they may be stored offsite.
No matter what type of records you seek, you may incur some expenses, even if the records are essentially free.
While some public records may be technically free, expect to pay some fees such as copying fees or travel expenses. Free Records Registry offers another alternative for accessing public records free. Visit FreeRecordsRegistry.com to learn more about your options.
Article Source: https://EzineArticles.com/expert/Celeste_M._Stewart/497355
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You've Been Named As a Successor Trustee - Now What? Duties in the Administration of a Trust
By Dean Hanewinckel
If you've been named as the Successor Trustee of a Trust, all of the duties may seem overwhelming. Here's a checklist of things you need to do to administer the trust.
1. Review trust documents.
The first step in administering a trust estate is to locate and review all of the decedent's estate planning documents. Most estate plans include the Trust agreement (sometimes called Declaration of Trust), the Pour-Over Will, Power of Attorney, Health Care Directives and Living Will. Because the decedent has passed away, the Power of Attorney, Health Care Directive and Living Will are no longer valid. You should carefully review the Trust Agreement to determine the identity of the Successor Trustee, the identities of all beneficiaries of the trust and the plan of distribution the decedent intended. You should make a list of the beneficiaries with their names, addresses, phone numbers, e-mail addresses, age and social security numbers.
2. Make required filings
A. File original Will with Probate Court or the Clerk of Court. Most states require that you file the Will immediately or within a certain number of days after the death of the decedent. You will need to check with the County Clerk or Probate court to find out where to send the Will.
B. Record Death Certificate in County where decedent or trust owned real property. This will remove the decedent's name from the property tax rolls and provide evidence of ownership if the property is to be sold.
C. Obtain taxpayer identification number for trust.
D. File Notice of Trust with Probate Court or Clerk of Court. Again, this may not be required in every state. The purpose of this notice is to notify any creditors of the decedent or other interested party that, although the decedent has no probate estate, there is an existing trust that must be administered. Most states, after the decedent's death, completely cut off the claims of the Grantor's (decedent's) unsecured creditors. Some states that do not do this and require debts to be paid from trust assets are: California, Florida, Massachusetts, Michigan, New Jersey, New York and Oregon.
3. Obtain authority to serve as trustee.
A. If you are named in the trust as the Successor Trustee, you will need to have evidence of your authority to act as Trustee. The banks, brokerage firms and other third parties will not give you information or allow you to transact business on behalf of the trust until they have these documents. In most cases, you will need the following documents:
� Original signed trust agreement and all amendments to it.
� Death certificate of grantor
� Acceptance of Trustee Form. By this document, you accept the appointment of Trustee of the trust and agree to perform all of the duties of the Trustee pursuant to the Trust Agreement and the law.
� Any other documents required by the provisions of the Trust Agreement.
4. Notice requirements.
A. Most states require that all beneficiaries be notified within a specified period of time of the Trustee's acceptance of the Trust and the full name and address of the Trustee. Many states give a beneficiary of a trust the right to obtain a copy of the trust agreement. Unless, you have a valid reason not to, you should provide each beneficiary named in the trust with a copy of the trust agreement including all amendments.
B. Notify the post office to forward mail to your address so that you can receive any bills, checks or other mail of the decedent.
C. Notify the Social Security Administration.
D. Notify the personnel or human resources department at decedent's place of employment or former place of employment.
E. Notify banks, brokers, financial advisors, etc.
F. Notify telephone service and utilities.
G. Notify insurance companies. Obtain instructions for filing claims. Most insurance companies will only give notice to the beneficiary of the policy. Notifying the company will begin that process. If the trust is the beneficiary, you, as the Trustee, will need to apply for benefits.
H. Notify Credit Card issuers. They will provide an amount owed and close out the account. Also, if death was due to an accident, they may provide accidental death insurance.
5. Assemble, Inventory and Take Custody of Assets.
A. Search for assets. As Trustee, you have the duty to locate and take possession of all of the decedent's assets. Ideally, the decedent will have kept a schedule of all of his assets: those owned individually as well as those titled in the name of the trust. If not, or if the schedule is incomplete, you should locate the decedent's financial documents, such as bank statements, statements from brokerages and investment advisors, deeds, stock certificates, life insurance policies and federal and state income tax (or intangible tax, if applicable) returns.
B. Collect supporting data as to ownership. Once you have determined the existence of an asset, you should obtain the statements, certificates, contracts and policies regarding that asset.
C. Change Trustee on Existing Accounts and Open New Accounts. For each bank and investment account, you will need to change the name of the Trustee who has authority to manage the account from the decedent to you.
D. Determine date of death values (and, if applicable, alternate values). For investments and securities, you can contact the decedent's broker or financial advisor for this information. Also, there are many websites that can provide this data.
E. File claims for insurance, Veterans and Social Security benefits.
F. File waivers and affidavits releasing property from estate tax liens with the County Clerk's office or the State (if applicable).
G. Prepare Trust Inventory with date of death values of all trust assets and, in states where it is applicable, send copies to all trust beneficiaries.
H. Estimate cash needed for taxes, fees and other expenses of settling the estate.
6. Determine Debts Against the Decedent
A. Determine current bills owed to doctors, hospitals and funeral homes.
B. Make a diligent search to determine what other debts exist.
C. Determine validity of, contest or pay, and obtain receipt or satisfaction of debts. As Trustee, you have the fiduciary duty to examine each claim to determine its validity. If appropriate, you have a duty to deny payment of a claim and to defend that denial in court.
7. Administer the Trust Estate.
A. Collect all income, receivables and other moneys due decedent or the trust estate.
B. Investment of assets. As Trustee, you have the duty to preserve, protect and invest the assets of the trust estate.
C. Manage Real Estate. If any real property and the house built on it is vacant. You should take steps to secure the property and contents from vandalism and damage. If anyone is residing in the house, you should determine whether that person has the right to be in possession of the house. If the occupants are tenants, you should review the terms of the lease, if written, and make sure to enforce the provisions. You should notify the tenants in writing that the owner is deceased and that they are to make all future payments under the lease to you as trustee. Rent must be collected and deposited in the trust bank account.
D. Insure the Trust Property.
E. Keep a detailed record of all income, expenses and estate transactions.
8. File Tax Returns and Pay Taxes Due.
A. Decedent's final Form 1040.
B. Trust income tax return (Form 1041)
C. Estate Tax Return (Form 706)
9. Distribute the Estate.
A. You should read and fully understand the distribution provisions of the trust agreement. The distribution to beneficiaries is made after all debts of the decedent and expenses of the administration are paid. If distributions equal to a certain percentage of the estate are called for, then those percentages are calculated based upon the net value of the estate after payment of debts, expenses and taxes.
B. If the provisions of the trust provide that property is to be held in trust for the benefit of a certain beneficiary, then you, as Trustee, must hold and administer the property subject to the standards and duties that we have mentioned in this guide.
C. You must maintain accurate records regarding the trust property, including any additions of principal and income. Generally, you may make partial distributions to beneficiaries as the estate administration progresses in order to hold funds or property back for a period of time to pay unexpected liabilities. You can then make the final distributions to the beneficiaries only when you are certain that all liabilities have been received and paid. If you make complete distribution too early and an unexpected obligation such as taxes or a medical bill surfaces after such distribution, you will likely have a difficult time retrieving funds back from the beneficiaries to pay those expenses. If you distributed all of the trust assets without paying all of the creditors, you may be held personally liable for the shortfall.
Learn more about administering an estate with step by step directions, checklists and forms from Dean Hanewinckel's E-Book, What To Do When A Loved One Dies - A Survivor's Guide. You can order it at http://www.floridaprobatesecrets.com. Dean Hanewinckel is a probate, estate and legacy planning attorney in Southwest Florida. He is the author of 3 books. In addition to What To Do When A Loved One Dies, he has published Manifest Your Legacy and The Official Snowbird's Guide To Becoming A Florida Resident, both available at Amazon.com.
Article Source: https://EzineArticles.com/expert/Dean_Hanewinckel/224807
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Bronx Criminal Lawyers - Highly Experienced
By Alexander Sanchez
Criminal defense attorneys in Bronx County, New York City, are some of the most highly trained lawyers in the country. The vast majority of criminal defense lawyers practicing in the Bronx were trained at The Legal Aid Society, The Bronx Defenders, or Bronx District Attorney's Office. The Legal Aid Society and Bronx Defenders provide defense lawyers for indigent persons charged with crimes. The Bronx District Attorney's Office is responsible for prosecuting those very same individuals. All three organizations are comprised of hundreds of individuals, including lawyers, para-legals investigators, forensic experts, social workers, counselors, and secretarial support staff. The reason why these organizations are as large as they are is simple; the Bronx represents one of the prime epicenters of criminal justice in the nation.
Unlike most other jurisdictions around the country, several hundred persons are arrested in the Bronx on a daily basis, for crimes ranging from simple trespass to murder. Attorneys practicing in the Bronx Courts must familiarize themselves with a vast array of rules, regulations, penal law sections, motion practice rules, criminal and civil procedure, Grand Jury practice, document preparation, rules of evidence, and many other areas of criminal practice. Each person arrested is entitled to legal representation. Your average Bronx criminal lawyer maintains in excess of 100 cases. Each of these cases needs to be properly reviewed by the assigned attorney. In many cases, legal documents need to be assembled and submitted to the court. Legal deadlines must be adhered to. Witnesses must be interviewed, and evidence examined. Although many cases are resolved with a plea bargain, some cases end up in the Grand Jury, hearing, or trial proceedings. On any given day, Bronx defense attorneys may handle anywhere from 5 to 15 criminal cases. Any casual observer in the Bronx Criminal Courts can observe lawyers racing from courtroom to courtroom. In one case, the attorney may be negotiating a plea bargain with a disgruntled client. Racing to another court, the attorney may begin cross examining a police officer in a continued evidentiary hearing. During a recess in court proceedings, for example, attorneys regularly contact prosecutors, court clerks, law secretaries, and Judges, to resolve outstanding trial calendar issues.
Each of the three organizations mentioned has instituted procedures for handling files, and representing clients and/or victims. Attorneys working for these agencies must routinely consult and review their cases with senior and more experienced lawyers, as well as experts in fingerprint identification, handwriting, weaponry, chemistry, psychiatry, and many other trained experts in a particular field of forensics. In addition, each of these agencies has set up special training sessions designed to educate and enhance trial skills. Mock trials and hearing are supervised by senior trial lawyers who evaluate and tutor some of the newly hired attorneys. These agencies also routinely prepare and distribute updates on the latest legal developments relating to criminal justice. Hence, due the large volume, and variety of criminal cases, the existence of large established institutions designed to defend or prosecute, and the institutional training programs afforded the lawyers, Bronx Criminal Lawyers are now recognized as some of the most highly trained, and experienced criminal lawyers in the nation.
*Alexander Sanchez, Attorney at Law
860 Grand Concourse, Bronx, New York 10451
718-665-0112
See Web at: http://www.Alexander-Sanchez-Bronx-Criminal-Lawyer.com
Alexander Sanchez is a highly experienced Criminal Lawyer located in Bronx, New York. Office located across from courthouse. Hundreds of criminal trials. 30 years experience. Numerous TV Appearances. Call for appointment.
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http://EzineArticles.com/?Bronx-Criminal-Lawyers---Highly-Experienced&id=3387665
Importance of Obtaining and Docketing Judgment
By David Siegfeld
When a debtor owes you money, but you don't think that he or she will have sufficient assets to pay you right away, it is still advantageous to obtain a judgment against the debtor because of the long term benefits a creditor obtains from having that Judgment "on record." Although it might seem laborious or costly to purse a legal judgement against a debtor, it is likely that the effort won't be in vain, and that the reward will outweigh the initial expense. Specifically, under New York law, once a judgment is filed in the county clerk's office, it becomes a lien on any real property owned by the debtor and located in that county (CPLR 5203). It also becomes a lien on any after-acquired property of the debtor (see Hulbert v Hulbert, 216 NY 430 [1916]). The judgment is effective as a lien for ten (10) years and may be renewed upon motion to the court (see CPLR 5203 [b]). The judgment itself is valid for twenty (20) years.
It is important to note that a judgment obtained from a lower court, such as a town or city court, is not effective as a lien against property owned by the debtor and must be transcribed into the County Clerk's Office to become effective as a lien. Furthermore, if the debtor moves from one county to another, and buys property in the new county of residence, the creditor must transcribe the judgment into that new county in order for it to be a lien on that property.
The primary use of a judgment lien is to secure the creditor's money judgment. The lien is a cloud on the debtor's title to the real property. And, according to the language of CPLR 5203, "no transfer of an interest of the judgment debtor in real property, against which property a money judgment may be enforced, is effective against the judgment creditor."
For these reasons, we often encourage creditors to spend the relatively nominal amounts upfront to pursue a judgment against a debtor, knowing that, even if collection is not an option in the immediate future, if the debtor has property, or acquires property down the road, the creditor will have a good chance of eventually getting his or her money back. The key here is to avoid the shortsighted urge to give up and feel cheated, and to instead pursue the issue to ensure a positive outcome in the future.
David E. Siegfeld is a partner at the Albany, NY law firm, Ganz Wolkenbreit & Siegfeld LLP, and has over 15 years of experience practicing law.
Article Source: https://EzineArticles.com/expert/David_Siegfeld/1094890
http://EzineArticles.com/?Importance-of-Obtaining-and-Docketing-Judgment&id=6351304
Criminal Record Search - The Easy Way
By Charles L Davis
No matter the reason, you wish to learn more about a person there is an easy way to do a criminal record search. You may want to learn more about a potential employee, a person you are dating, or the next-door neighbor. Today, you can easily learn about a person without hiring a private investigator and spending all that money or going to the courthouse and spending days searching old archives to learn the truth. Now, you can visit a background check website and get the answers you need in just a few minutes.
Yes, the truth is that criminal records are public records and by law, you have the right to view the records. On the other hand, no court clerk is going to do the searching for you and in most cases, you cannot ask a question and get the answer at the courthouse. No one at the courthouse is going to be able to give you the information you need without searching through all the records. Think about just how many records there could be in large cities like New York City or Los Angeles. Do you really think the court clerk knows if David Hansberger was married before?
Today, the good news is that Public Records Pro has a vast database with the information you desire. You will need to join and pay a small fee in order to search the database, but once you have joined you will enjoy learning all you can about every person in your life. You will not have to worry about if a person in your life has a criminal record or not as you will be able to learn the truth in a matter minutes, just by typing in some basic information.
I recommend you to use Public Records Pro [http://www.centralbackgroundchecks.com/public_records_pro_review.html] to get detailed criminal record [http://www.centralbackgroundchecks.com/criminal_background_checks.html] on anyone.
Article Source: https://EzineArticles.com/expert/Charles_L_Davis/360359
http://EzineArticles.com/?Criminal-Record-Search---The-Easy-Way&id=3077927