My Civil Advocate

One of the special things about our country's criminal justice system is that if you are suspected or accused of committing a crime, you have certain fundamental rights. Unfortunately though, many people aren't aware of their rights, or, in the head of the moment, they forget about those rights. For instance, citizens who find themselves being questioned and in police custody may not even be aware that they have a basic fundamental right to have an attorney present any time they are being questioned by any branch of law enforcement. Truth is, having an attorney present if you are being quested is vitally important. Why is that? For one thing, an experienced criminal defense attorney can help you from incriminating yourself, can make sure that you don't answer questions that are designed to trick you, and can keep officers from asking the same question over and over again. Bottom line - having a criminal defense attorney on your side can help make sure that you don...

Fact is, most people don't even know their rights if they're pulled over! Here's a quick list of the most important rights you need to know and how the conversation may go if you are pulled over: "Do you know why I pulled you over?" It's typically the first thing you'll hear. It's also deliberately designed to get you to admit to certain behavior. Be polite and simply ask, "Why do you ask?" and then wait for a response. Do not comment. That phrase "anything you say can and will be used against you in a court of law" is truer than you'll ever know, trust us. "Have you had anything to drink tonight? " If you truthfully have had nothing to drink that night, say, "No." If you've had something to drink, you don't have to share that information! Telling the officer that you've been drinking will be evidence used against you. Instead, say, "I have no statement to make." While it may seem u...

The U.S. Consumer Product Safety Commision (CPSC) had issued an important alert urging consumers to immediately stop using the LayZ Board self-balancing scooters (known as hoverboards). The CPSC has evidence that the LayZ Board was the hoverboard involved in the tragic fire on March 10, 2017, in Harrisburg, PA, which took the lives of two young girls. Numerous other fires have occurred in recent years as a result of the lithium-ion batteries in hoverboards, although this is the first fire that is believed to have directly led to fatalities. The LayZ Board hoverboards were manufactured in Shenzhen, China, and more than 3,000 units were imported into the United States. Due to the fire hazard posed to consumers of all ages by these hoverboards, the CPSC is urging the public to stop charging and stop using their LayZ Board. Consumers who choose to dispose of their hoverboards should take them to a local recycling center for safe handling of the lithium-ion battery. The CPSC is also...

Familiar symptoms of Alzheimer's disease and dementia include memory loss; inability to follow or continue with a conversation; a decline in exercising good judgment; confusion as to what day, month, season, or year it is; and social withdrawal. But a recent study points to a warning sign that precedes all these symptoms, to the surprise of many. According to research published in the journal of Alzheimer's disease, navigational issues may crop up before memory loss, and well before a clinical diagnosis of Alzheimer's is made. Participants in the study were asked to navigate a virtual maze on a computer, using various patterns and landmarks to find their way around. The study consisted of a control group of healthy subjects and a group who had preclinical alzheimer's - they had a few markers but weren't clinically diagnosed. The preclinical Alzheimer's test subject had far greater difficulty assessing, mapping, and navigating their virtual environment th...

Overbooking is standard practice across the airline industry. Airlines want planes as full as allowable upon takeoff. They also know there will likely be no-shows, therefore they overbook. Unsurprisingly, overbooking sometimes leads to would-be passengers getting bumped from flights. It may also happen if a plane is too heavy, or to make room for an air marshal or relocate staff (reminiscent of the infamous United Airlines incident). The Department of Transportation requires that airlines first ask for volunteers to switch flights. Airlines will generally offer incentives such as a travel voucher or a future flight or a gift card. If you feel the offer is worth the inconvenience, go for it. Once an offer is accepted, however, you can't come back later and ask for more. If there are no volunteers, the airline will choose who gets the heave-ho according to their own "bumping" policies - but federal rules kick in at that point. Exceptions are frequently those with disabi...

A job opportunity, education, military duty, marriage, and a change of scenery are among the reasons why people relocate. However, when children from a previous relationship are involved, it's not a simple matter. A move can have a significant impact on the child as well as the visitation rights of the noncustodial parent. A custodial parent needs to be familiar with possible travel restrictions in their divorce or child-custody agreement, and with state law, before contemplating a relocation. Although laws differ form state to state, frequently, the custodial parent must notify the noncustodial parent of their intention to move. It is incumbent upon the noncustodial parent to file an objection with the court if they are not on board with the relocation. They may also seek a change in the custody agreement. It's a very serious matter when a custodial parent does not abide by the agreements stipulated in the divorce/child-custody decree or state law concerning a move. They r...

We figured it might be helpful to produce a short article that summarizes the key differences among different types of custody. Full custody: this means that one parent is granted the majority of custody time and legal rights for the child. Joint custody: in this situation, the parents can split the physical custody of the child, and then have just one of the parents handle the legal custody (and, as a result, make any major decisions on behalf of the child). More common is to have parents share legal custody and then have one parent awarded physical custody. True joint custody arrangements, in which parents share both physical and legal custody equally, tend to be rare because of the logistical and personal issues involved (scheduling, added stress, disruption of the child's routine, costs, etc.) Sole custody: this means that one parent is awarded full legal and physical custody. These arrangements are rare, and are typically only set up if one parent is deemed unfit or wh...

People are often surprised to learn that even after they file for bankruptcy, they still may receive letters from creditors and bill collectors for a month or two afterwards. In a perfect world, the letters would stop as soon as you file for bankruptcy. After all, when you file, you are immediately under the protection of the court and an automatic stay prevents any and all collection activities by creditors and bill collectors, including sending letters. However, because many creditors and bill collecting companies are large, bureaucratic organizations, it can take a good amount of time - maybe even a couple of months - for a notification from the court to get to the right department  of a big creditor and get entered into the system properly so that letters are no longer generated. So, if it's just a month or two after filing and you still receive some letters, it's most likely nothing to be worried about. There are times, though, when aggressive bill collectors will si...

In today's world, a lot rides on your credit report, and keeping that report up-to-date and accurate is extremely important. But do you know what errors or possible corrections to look for or how to go about cleaning up your credit report? First of all, go through the entire report and find any information that is out-of-date. This commonly occurs with unfavorable information that's over seven years old - such as lawsuits, judgments, criminal records, paid tax liens, late payments, or overdue child support. You should also look out for any bankruptcies listed that occurred over ten years prior and any credit inquiries over two years old. There's no sense in keeping that information on your credit report if you no longer have to. Your next objective is to clean out any inaccurate information. This can include incorrect names, addresses, phone numbers, birth dates, social security numbers, or inaccurate employment information. Other inaccuracies may included bankruptcie...

We often hear a lot of confusion regarding the terms "will" and "trust", with some folks even thinking that they are one and the same, which is definitely not the case. Though both are key elements of estate planning, they serve distinct roles. A will only goes into effect after the will's creator  - also known as the testator - has passed away. The person then responsible for carrying out the desires of the testator and distributing assets to the beneficiaries is referred to as an executor. Executors are in charge of wills, not trusts. So, whats a trust? A trust is a legal arrangement under which one person or institution, called a trustee, holds legal title to property that will eventually be distributed to beneficiaries. Unlike a will, a trust can be "active" the moment it is created. It may be used to distribute property to beneficiaries prior to the death of the trust's creator (settlor), upon the death of the settlor, or delayed well afte...

If you are arrested for suspicion of DUI/DWI, you are obligated to undergo a chemical test of your breath, blood, or urine at a police station or local hospital. If you refuse, you will incur stiff penalties, including suspension of your driver's license and a longer sentence if convicted. Chemical tests are generally reliable but not infallible. For example, police station breathalyzers may be thrown off by alcohol-containing substances in the mouth, such as breath fresheners and mouthwashes. Low-carb diets produce acetone on the breath, which may be identified as alcohol. Even a burp before blowing into the machine may cause a false-high reading. Urine test are the least reliable of the three chemical tests. It takes longer for alcohol to be metabolized by the body and appear in a person's urine, generally 60-90 minutes. Because of this, a person may be required to give two urine samples - first sample given; bladder voided; wait 20 minutes; give a second sample. This pur...

Suffering from a severe disability or condition is bad enough, but when that disability or condition keeps you from working, a difficult situation can quickly become far worse. That's why Social Security disability benefits are so important; they can help provide financial relief when holding a job is just not possible. In order to make the process of obtaining benefits smoother, the Social Security Admininistration (SSA) developed what's known as the Blue Book, which contains a listing of the most common impairments that are severe enough to keep people from working. The listing of impairments covers a wide range of major body systems such as respiratory, neurological, cardiovascular, digestive, skin, and several others. Additionally, there is information under each body system about what types of disabliling conditions can occur within each and detailed requirements about the severity, symptoms, clinical findings, lab tests, etc., that are required for an applicant to qua...

Over the past decade, economic circumstances have played a major role in pension plans being frozen at a large number of corporations. Many traditional defined-benefit plans provide a monthly annuity payment to employees at retirement. A freeze on a pension plan means that the plan does not make any further additions to the employee's benefit. The traditional formula for determining benefits is based upon salary and years of service. The benefits grows larger with the numbers of years employed and with increases in salary. When a pension plan is frozen, the benefit ceases to grow and is locked in at the amount when the "freeze" occurs. A frozen pension plan will still pay benefits; it's just that there won't be as much to pay out since it was frozen. many people earn their largest amounts of income just prior to retirement. Those who are closest to retirement will see the largest portions of expected additional benefits denied them due to the pension being fro...

Depending on who you talk to, Social Security Disability (SSD) fraud is either running rampant or it's a fairly infrequent occurrence - more likely, it's somewhere in between. The bottom line is that it happens. Fraudulent claims anywhere across the country can be detrimental to your legitimate claim in a number of ways: Getting your claim approved becomes more difficult. The social security administration doesn't like it when it finds out that numerous people are poaching the system and making off with undeserved benefits. The SSA clamps down on approvals throughout the country, which doesn't bode well even for legitimate claims. Benefits are denied to those who need them most. When people bilk the system, the federal government is less likely to provide the necessary funding to cover SSD benefits in all states. It drags out case processing times. Processing times are already extraordinarily drawn out. When great chunks of time are spent on fraudulent claims, it m...

The stretch between memorial Day and Labor Day has been called the "100 Deadliest Days" by AAA, as the number of fatal car crashes involving teen drivers spikes during this time. Over 5,000 deaths have been reported over the summer for the past five years, a rate that is 16 percent high than other times of the year. Teens drive more over the summer than other times of the year since school is out. They frequently drive greater distances as well, traveling to summer jobs or heading to the beach or other vacation destinations. In addition, teen drivers are generally the least experienced drivers out there and are the age group that's most likely to drive while distracted. All these circumstances make for a violate combination. The AAA Foundation for Traffic Safety found that a whopping 60 percent of crashes involving teen drivers were due to distracted driving. The organization conducted a study from 2007- 2015 in which teen drivers' cars were equipped with a camera...

Staggering medical bills, rising prescription medication costs, and declining pension amounts, among other factors can lead to a mountain of debt for seniors. Instead drawing down available retirement assets, declaring bankruptcy might be a better option for some. In basic terms, Chapter 7 bankruptcy enables you to discharge many of your debts. However, nonexempt assets may need to be sold to pay creditors. Chapter 13 bankruptcy allows you to maintain all of your assets as you work out a new payment plan to pay creditors over a 3-5 year period. IF you have a large amount of equity in your home, you'll need to know how much is protected during bankruptcy proceedings. Amounts vary from state to state. Some states protect the full value of a home; other protect only a small amount, which could lead to the Chapter 7 bankruptcy trustee selling the home in order to pay creditors. Medical-bill debt can be wiped out under Chapter 7 proceedings. Keep in mind that bankruptcy only elimi...

Probate is a legal process by which the court establishes the validity of a will; determines the value of the estate; resolves issues with payment of creditors, taxes, and other debts; and distributes assets to heirs. It also has some serious drawbacks. For one thing, probate is a public process; financial privacy goes out the window. Probate can also drag out for months, sometimes over a year, due to court hearings and other court-related matters. Last but not least, probate can be expensive. Attorney and executor fees can drain up to 5 percent of an estate's value in some circumstances. Throw in appraiser's fees and court costs, among other expenses, and heirs take a significant hit in the final estate distribution. There are a number of tools available to minimize (or eliminate) the toll probate takes on an estate. Properly designate beneficiaries or title assets so they transfer directly to beneficiaries (apart from a will) - e.g., life insurance policies, IRAs, annuiti...

If a person is charged with possession of illegal drugs, their attorney may seek to challenge the prosecution on one or more grounds: refuting the stated facts, testimony, or evidence; zeroing in on procedural missteps; or pressuring the prosecution to provide all necessary evidence at trial. A defendant has the right to due process of law, including search-and-seizure protocol that is carried out properly. For example, if drugs were spotted "in plain view" in their car, they can be used as evidence. If a trunk was pried open without the defendant's consent, that's another matter altogether. A defendant can also claim they hadn't the foggiest idea that the drugs were in their residence or vehicle, and that the drugs must be someone else's. A skilled defense attorney can put the squeeze on the prosecution to prove "ownership". An attorney will force prosecutors to produce, in court, the actual drugs involved in the case. This isn't always a ...

Adoption can be a long and emotional undertaking. Familiarity with adoption rules and procedures can benefit would-be adoptive parents. For an adoption to be legal, the birth parents must consent to the adoption - unless they have been legally stripped of their parental rights (e.g., unfitness). Most states do not permit the parents to sign a consent form until the child is born. In some states, birth parents need to wait three or four days. Even after a child has been placed in their adoptive home, in many states the birth parents still have a window of time during which they can change their mind- a period of angst for the adoptive parents. Understandably, some states require counseling for birth parents before they sign a consent form. Prospective adoptive parents will undergo a "home study" to make sure they are fit to raise a child. A state agency or licensed social worker will investigate issues such as marital stability, lifestyle, financial situation, physical a...

The numbers are scary; there's simply no other way to put it. Breast cancer continues to take a terrible toll on women's lives and their families. In 2015, nearly 300,000 new cases of breast cancer were diagnosed, of which over 230,000 were invasive breast cancer (cancer that spreads from the milk duck to surrounding breast tissue and then sometimes throughout the body). That same year, over 40,000 women died from breast cancer, making it the second most lethal cancer in women, behind only lung cancer. As with any cancer, early detection is critical in prolonging survival. Unfortunately, diagnosing breast cancer in its earliest stages can be challenging, and there are often errors and disagreements over whether a suspicious area is benign or malignant. While there aren't always clear signs and symptoms of breast cancer, self-examinations can often reveal potential trouble. In fact, it's estimated that nearly 70 percent of all breast cancers are found through self-...