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Archive for January, 2008

Getting along with Cops – Perhaps not as Tough as you Might have Guessed

Saturday, January 12th, 2008

Sometimes it is the hardest thing in the world to come face to face with a cop and be nice.  They are in a position of authority, they only talk to you when you are getting fined or punished in some way, and what’s more you know you could have done that same job but you wanted not to be a professional bully when you grew up.  At least that’s how it feels when you are facing a ticket and a stern, immobile face.  Citizen and cop relations have always been tense, but there are a few things you can keep in mind when dealing with police officers so that you don’t fly off the handle and get yourself into far more trouble than you were originally in.

You get what you give

Always remember that the first rule of making friends is to smile – even if it’s the last thing you want to do, just a friendly little upturning of the lips can unblock the first wall on the way to a tension-free existence between the cops and your own kind.  It’s not as if you have to do it in the face of a ticket, but if you can first just manage a little smile when you see an officer walking past, dully checking the parking meters or doing other odd jobs that don’t involve you then you are closer to being in good standing with these authority figures.

Try not to blame them for every little thing

Sometimes in life, you will get a ticket.  Or have your jacket searched, or see your friend patted down with no just cause.  These things always happen and everyone will go through it at some point.  The key is not to blame all of these occurrences on the police themselves, since of course they took the job based on the fact that they would follow orders and not do any interpretive thinking on any subject covered under local law.  Let the small things go and if you aren’t able to act happy in the face of such irritations then at least don’t act angry.

Think about being a cop yourself

For a few minutes, imagine if it was you who dreamt of holstering that gun, putting on that hat or chasing down horrible criminals.  This might not be you at all, but if you think about being in this position for a little while you can start to see all the things that might worry such a person, and that cops are facing an incredible amount of danger every day.  Your sympathy could win over your natural hatred!

Know the law

Any altercations with the law might run a lot more smoothly if you knew your rights and responsibilities within the American law system.  To know what is expected of you in different legal circumstances is to know where you and the police stand and what you owe them and what you do not.  This means that you have done your best to earn the respect of those that stand in authority over you; a job not easily done.

When all else fails, think of them as robots

Let’s face it, cops are here to follow the letter of the law and most of the time that means there is no arguing with them: no amount of your own logic will penetrate that seemingly thick skull and therefore it is best not to waste your time.  It’s easier to stay calm around a stubborn robot than it is a stubborn person because you know the robot doesn’t have the capacity to think past its current settings.  If it helps, don’t think of the police as people and you won’t feel such a strong disliking for them!

Keeping Things Going on the Home Front: Power of Attorney while you travel

Saturday, January 12th, 2008

Planning on an extended vacation or long-term travel abroad? Chances are you will be leaving behind important personal, financial, and business affairs at home. Who’s hands will you put them in? The more property and profits you have at stake, the more necessary a power of attorney will be for you. You need a trusted agent to manage your affairs while you are gone; someone who will always have your best interest in mind, so that you can have peace of mind while you travel.

By simply obtaining a power of attorney document, you can then fill it out – hopefully with the guidance of a lawyer – and then get it notarized. Once you do this, your chosen representative will be given the power to handle your life at home while you’re away. But there is both general and special power of attorney: which is more appropriate when you’re traveling?

Well, before you determine what type of power of attorney is best, it’s advisable you get a good grasp of exactly what your agent will need to do and for how long. Be clear about this! Otherwise you risk turning over too much power and lending it to misuse or abuse.

It’s pretty common for a person to give their agent a general power of attorney when they travel. While this is a broad, almost omniscient power, it’s the most convenient for the traveler. Here are some of the powers that are usually granted:

·          Handling financial decisions: bank deposits, misc. transactions

·          Property and real estate: buying and selling

·          Making purchases

·          Dealing with insurance claims

·          Investing in the stock market

·          Filing taxes

·          Operating business endeavors

If you plan on going away for months to years on end, a general power of attorney might be ideal. But note: it leaves a lot of room for mishap and if special power of attorney is sufficient, you should always chose that instead, as it is more limited. With a special power of attorney, you may simply grant your agent the ability to sell your house or collect debts for you while you are unavailable.

If you have any questions or concerns about the power of attorney, there are plenty of lawyers and legal services eager to advise you, but for a fee. But for such an important decisions, it’s almost always worth it.

Essentially, a power of attorney comes in handy while you travel, but you must be careful as to how much power you give away. The more interests you have at home, the more important this decision making process will be. Your agent must be a trusted and capable person who you have absolute faith in. After all, who can enjoy their time out of the state or country if they’re constantly worried about the finances or property?

Remember your options for health care and durable power of attorney, as well, as these address financial and health concerns that may rise unexpectedly. Specifically, if you become disabled or incapacitated, you can have a representative take your place in all your affairs with durable power of attorney.

What about the kids? Tips for divorced parents

Saturday, January 12th, 2008

Children are too commonly the innocent casualties of divorces gone wrong. While it’s rarely an ideal situation for a kid when their parents split up, there are things you can do as a mother or father to lessen the blow. Here are some tips on parenting and divorce. While you can’t have complete control over the effects that a divorce will have on your daughter(s) or son(s), you can take steps to help them make sense of it and cope with it effectively.

1)      Keep up a united front

Children in broken homes struggle the most with the visible division between their parents. A married couple naturally presents a united front; even when they fight, they are forced to reconcile and parent their children in the same way. In other words, rules are rules. However, when a child must shuffle from dad’s house to mom’s house, the rules change. Try to maintain the same rules in each household if possible. The parental unity might actually be more important than the rules themselves! The younger the child, the less adept they are to handle contrasting views of how they should behave. For example, if mom always make the kids eat at the table for dinner and dad doesn’t care, the kids will consequently feel confused and lose some understanding of right or wrong. From an adult’s perspective, it’s not a big deal, but for a young mind, this can be a terribly disorienting time!

2)      Discipline is okay

When one parent has less custody than the other, which is typical for the father, the dynamics in that parent’s household are a little strange. The father may feel so deprived of time with their child and even guilty about it, that they shower their child with praise and toys and have little concern for rules and chores and homework. But this is not necessarily the best approach to parenting! It will really just send mixed signals to the child. Mothers, too, often have trouble disciplining their children as they don’t have the support system they once had. A parental support group comes in handy in these cases.

3)      “Deadbeat” dads aren’t necessarily uncaring

 It’s easy to villanize the father who moves miles away after a divorce, but the truth is it might be too emotionally painful to stay. Many fathers are so hurt that they can’t spend more time with their children, that they simply can’t handle it. If mothers understand this, ties can be strengthened and the “deadbeat” dad trend may just be tapered.

4)      Be sensitive to the changes

Your child didn’t ask for the dramatic lifestyle changes that come with divorce: a move, split custody, a typically lower standard of living, etc. Whenever you can lessen the impact of the changes, do it! Not everything is in your hands, but just as with #1, you can overcome some of the initial obstacles by cooperating with your former spouse to make the divorce as painless as possible.

5)      Remarriage is okay

Studies have shown that remarriage sometimes does the best job at healing the deep wounds of divorce – but only when it is approached with the right intentions. Otherwise it will just end in a another devastating divorce. Don’t remarry with the expectation that your new family situation will be perfect and you can right past wrongs. Instead, remarry with the expectation that you will willingly deal with problems and lulls as they come up. This is the best way to ensure you keep that knot tied for a long time.

Many children of divorce grow up to be successful, empowered adults, but it’s not uncommon for them to still struggle with emotional issues that aren’t necessarily visible from an outside perspective. The key is to help your kid use the experience of divorce to grow, instead of back tack. It is possible; it just takes guidance and effort to learn how to parent in such a unique environment

The Price of a Divorce

Saturday, January 12th, 2008

It seems cruel that amid all the emotional struggles a divorce brings with it, money has to be such a tremendous burden and source of added anxiety. Divorces have many costs, some more tangible than others. This is an article about the tangible toll that a failed marriage has and tips on what to expect and how to cope.

From the reallocation of property and debt to child support to taxes to retirement planning, there are a slew of financial issues that are intertwined with most divorces. Chances are you and your spouse share a lot of assets, from furniture to stocks to pets! You might even have a sentimental attachment to some of them. Unless the two of you agree on how to divide all the property up, you might have to brush off on your bartering skills. Some parting couples even opt to sell all the property at once and divide the profits.

While that comfortable sofa and antique dresser might be in demand, the debt you two shared certainly won’t be. A joint credit report deserves a good look as you and your lawyer(s) determine what’s fair. As you distribute the debt, try to cap off whatever debt you currently have. Divorce is expensive and you want to deflate the financial burden as much as you can today. Again, more bartering may be in order here. Take on more debt in exchange for more assets, or vice versa. If you have an open mind and cooperate, you’ll likely come to a fair divorce settlement. It’s not unusual for a divorcing couple to split the debt  right down the middle.

Surprisingly, you’re going to have some new tax issues to think about too. If you have dependents, which person will get that tax exemption from now on? Many other tax exemptions and deductibles that you probably took for granted as a married couple will need to be reevaluated after a divorce.

Not to mention, child support and alimony! These issues are highly variable and personable but they are going to be big ones if you and your former spouse have children together. 

Men sometimes have great financial difficulties affording child support, but statistics show it’s newly single mothers that have the most money problems. This is especially evident when a woman must suddenly afford childcare or is swept into a new work environment; kids typically must adjust to a lower standard of living, just like their parents, after a divorce.

An entire family structure gets disrupted during a divorce and that has not only an effect on the personal relationships, but on the overall economic situation of all involved. And these financial issues are deep and complex and have enduring effects.

The best advice for you, the soon-to-be-divorced, is to remind yourself the financial turmoil is only temporary and it can be dealt with the most adequately if you can keep your cool and think practically. While it’s tempting, dividing up property and debt is probably not a time for vengeance or proving a point. The divorce will go quicker and more amicably if you try to stay as calm and rational as possible!

How to find the best helping hand for your divorce: lawyers

Saturday, January 12th, 2008

The end of a marriage may be one of the most emotionally painful and financially difficult times in your life. It’s likely that you will find out just what inner reserves you have as you split with your significant other. So this is why it’s crucial that you have a lawyer on your side who you trust, someone who can not only help you sort through all the paperwork and legal issues, but can also help you keep your cool. But how do you find the right divorce lawyer? Here is some simple advice on matching yourself up with the best lawyer for your divorce.

Some couples who break up don’t ever hire a lawyer, but considering that the decisions made during a divorce are so important and consequential to perhaps the rest of your life, it’s probably a good idea get an expert in your corner. Unfortunately, now that you’ve filed for divorce or are considering filing for divorce, you probably now notice commercial after commercial for divorce lawyers in your area. It’s nice to know you have options, but how can you narrow those down?

Don’t sift through the pages of your phone book. And if possible, try to avoid going straight to the State Bar Association and asking for the name of a lawyer.

Instead, ask friends and coworkers for advice. Too often, marriages end in divorce and while that is a sad fact in America these days, it means that you can probably easily track down a skilled divorce lawyer through a close friend, family member or fellow employee who’s been through a similar ordeal.

It’s best to choose a divorce lawyer who has experience dealing with people just like you. A lot of different people get divorces – and those people have different jobs, incomes; some have children, some don’t, etc. So if your divorce lawyer is used to working with people in your specific situation, that is ideal. Remember that it’s just understanding documents and finalizing the split that your lawyer will help you with, but a slew of financial issues – like dividing property and debts and installing child support – will be handled by him or her as well.

If you’re still in the dark, your place of work might offer you legal services. If not, there are other professional lawyer referral services that are worth a try.

No matter who recommends a lawyer, make sure to go over their qualifications before moving forward. Go over the fees beforehand and make sure they’re reasonable. Comparison shop! But qualifications aren’t everything. It’s important that you an your divorce lawyer can communicate honestly and with ease. Divorces can be crushing experiences and it’s amazing what a difference it can make to have a level-headed, calm professional who has only your best interests in mind. 

If you can prepare yourself for what to expect in your divorce, it will be a lot easier to cope with in the long run – a lawyer is just the person to help prepare you, so don’t underestimate the power of having a professional advocate right beside you.

Staying calm on your court date – it is possible!

Saturday, January 12th, 2008

If you have a court date for any reason, whether summoned, if you are pressing charges or even facing a divorce hearing, the tension can be overwhelming.  In many ways it’s like driving past a police car on the highway – whether you are speeding or not, you can break out in a sweat and overcompensate for an indiscretion you only imagine they see.  To keep your cool in court, there are a few extra things you can do to prepare and overcome the natural anxieties that come of this kind of ordeal.

The first thing you must keep in mind is to be as informed on your subject as you possibly can be.  Think about it – the times when you are most nervous about anything is when you feel out of control in the circumstances, right?  To feel in control of the court session, therefore, (at least as much as you possibly can) you need to know exactly what will happen, what is expected of you and even the most likely outcome.  Without proper preparation, you will be left misunderstanding the court proceedings and even your role within them, so if you do some quick research into the process and your rights as they pertain to your situation, you should be more equipped to handle the court date and less nervous about the whole thing.

Knowing how to conduct yourself in court will also help you keep your composure as well as reflecting well on you in the eyes of the judge.  It is best that you don’t try to act like a legal professional while in court, or act uncouth and disrespectful in any way.  If you come off fake or rude, your respect for the entire proceedings will be called into question and your testimony may be subject to more scrutiny than it might otherwise have been.  Just remember the relevant information, answer questions clearly and under no circumstances interrupt anyone else who is speaking. 

Sometimes, although any other parties involved in the legal proceedings may not be friendly towards you in the slightest, it may help your confidence level to at least explore the possibility of settling out of court.  If you can’t speak directly to another person or representative, explain your feelings to your lawyer and he or she will be able to present the situation clearly to the others so that if a deal can be made, it will be done before the two of you have to be seen in a courtroom.  Even if you fail to make a deal, you can rest easy that you have made the utmost effort to settle the situation down and this will reflect well on you in court.  Judges will be impressed that you made the effort to forget your differences outside of the courtroom.

Basically, you need to be informed and clear of conscience to rest easy and come off calm in court – do your best to achieve this and you will be fine! 

Do I have to tell the police absolutely everything they want to know?

Saturday, January 12th, 2008

If an officer stops you out of the blue and wants to ask you questions, you are not legally obligated to tell them anything.  This is true whether you are or are not actually under arrest; if you have simply been stopped on the street or even at your home by a police officer then you can answer whatever questions you like and skip any you feel like skipping.  You are not under arrest and as such you can walk away at any time.  If the officer feels that speaking with you is of particular importance or that you are acting guilty of something, they may stop you again right away but the same rules apply: unless you are being arrested there is no obligation on your part to answer any question at all.

If you are under arrest, however, there are really no differences except that if you do choose to answer questions the answers will be noted for future reference and perhaps use in court.  When you are arrested, you will be told exactly what your rights are in terms of answering questions so that no confusion occurs.  Basically, you do not have to speak to police (as with a non-arrest situation) and if you choose to have a lawyer present when dealing with questions you are fully entitled to do so.  If you do not have a lawyer or can’t afford one, the State will provide one for you.

A lawyer may not seem a necessary provision when speaking to the police, but the face is they will know what questions might cause you to incriminate either yourself or a friend so if you talk to them beforehand and have them present during the discussion you can avoid letting something slip that might hurt your case.  This is only in extreme cases, however, since for the most part a police officer will only want to speak with you briefly about something that you may have a slight knowledge of, say a work colleague’s whereabouts on a certain night or something of that nature.  Again, giving out information like this can seem like the wrong thing to do, especially if it concerns someone else who is unaware of the current questioning, so if you do not want to answer such questions you are within your rights always to refuse to do so.

The key thing to remember if you don’t want to answer police questions but you also don’t want to end up in unnecessary trouble, is that if you seem evasive they probably will come back to try to talk to you again.  Don’t run away, don’t be very rude and hopefully your slight uncooperativeness will just seem like a way to keep your privacy and maintain the trust of others above the strangers that are the police.  Whatever information you wish to divulge is up to you – there are no questions you must answer and if you want to answer none that is completely your call.

How do search warrants work?

Saturday, January 12th, 2008

In the U.S., police officers are allowed limited searches of vehicles and clothing so long as they have cause to believe that the search will reveal drugs or weapons.  Also, if they are pursuing a suspect who flees the scene of a crime and takes shelter in a house or other building, they are allowed to enter the building and perform a search of its contents.  A search warrant is therefore necessary to perform a search of a person’s home or other personal dwelling or workplace.  The warrant can only be obtained if the officer investigating a case has probably cause to believe that such a search will uncover enough evidence to convince a judge or jury that conviction is necessary for a suspect. 

Search warrants are given out on the premise that the evidence already collected by officers and investigators is not enough for a conviction but that it belies such evidence elsewhere.  Warrants such as these are specific; they must state clearly what is being searched for and where it is being looked for.  To search another room, a vehicle or a garage will require another permit and so the investigators must be very certain about what they are looking for and where it might be. 

The exceptions to the search warrant rule, aside from those stated above, are when an emergency situation has arisen and it is believed that the public is in danger.  If a suspect has agreed to let the police come in and perform a search then a warrant is not necessary; also if a police officer is in plain view of weapons or contraband while being in a normal position (at the door) they are required to confiscate it.  When an officer makes an arrest for any reason, it is protocol to search the rooms in which the suspect would have had access and also any vehicles in which he or she has been in recently.  This is to ensure that no evidence has been missed and also to rid the area of any other suspects that may be hiding until the police leave. 

Essentially, police are not allowed to search your home unless they have a warrant, and they cannot obtain a warrant unless they have real reason to think that you are hiding something illegal or pertaining directly to a criminal charge.  If they come to your door without a warrant, you are entitled to turn them away; this does not guarantee that they will not return with the proper documentation, but this is your right nevertheless.  When it comes to your possessions, you are entitled to keep your privacy until the authorities come up with a solid reason to enter your home and find what they are looking for. 

Knowing where your rights stand on searches may not win you any friends on the police force, but when you don’t feel like opening up your own space to scrutiny by strangers who think you are in the wrong, it can’t hurt!

Keep lawyers’ fees down by spending less time in the law office

Saturday, January 12th, 2008

Something that scares a lot of us out of taking up legal battles when we really ought to are the costs involved.  We all hear the horror stories of a friend of a friend, forced to empty their life savings because of necessary legal fees.  It is a frightening thought, and if you are considering hiring a lawyer for any reason you will want to know the best ways to cut costs and still obtain the results you need or want.  There are a few things you can do to cut costs and to make sure you are getting a good deal for your money.

Firstly, you should look carefully for a lawyer before deciding who to hire on.  Fees can differ greatly based on the lawyer, the firm and the legality involved and so it is best that you check out several options before agreeing to sign anyone on to your case.  Be sure that you trust your lawyer, but hopefully you will be able to find someone trustworthy who is actually affordable in the first place.

Another way to cut the costs of legal fees is to do some of the groundwork yourself.  There will always be forms to be filled out and a mountain of paperwork to wade through, and if you can see your own way through it you will be able to save yourself a great deal of money.  Of course for most of the necessary forms you will rely on your lawyer to locate and explain them, however there may be some you can obtain directly through the town office or related governmental offices.  Along with such preparations, you should gather all of your own relevant documentation before seeing the lawyer and having your initial discussions.

The reason you need to put your forms and documents in order before seeing your lawyer is simply due to the fact that you are paying for their time, and as such you will spend less of their time (and your money) by being fully prepared.  To cut down conversation time even further, spend some of your own time at home before your meeting going through all the points you want to make and ensuring that you understand exactly what you want achieved.  When you are clear and focused on a goal, it is easier for your lawyer to be quick in making it happen.

It is quite important that if you want to cut lawyer fees down, you must not make unnecessary phone calls to him or her.  These will be charged to your account and therefore if you are simply anxious about a matter you are due to hear about in a day or two, don’t pick up the phone!  If you really want to, you can put your query or information in a letter and send it off without incurring costs. 

If you want to be frugal with lawyer fees, be frugal with their time!

Racism and American Criminal Law

Saturday, January 12th, 2008

America is a nation that has been struggling to overcome its racially discriminatory foundations since the Civil War, and while Americans have made huge steps in the right direction there are still many ways in which racism persists within the society.  This is a fact that has direct repercussions within the American criminal law system, and while there may be many explanations for the apparent racism of the system it does exist nonetheless.

There are 70% of those imprisoned in the United States today that are non-whites, and this is an astounding number.  There are two general belief systems to explain this high percentage, and both have widespread support both in America and throughout the world.  First, it is thought that given the poor conditions that many non-white people grow up in, they are more apt to turn to a life of crime to offset their poverty and low education.  In this sense, poverty and crime breeds more of the same, and until a way is found to break the cycle it may well be expected that the higher crime rate will be found amongst people of color instead of whites who have more often been born into a higher rung of society. 

The other major theory concerning the high proportion of colored people in prison is that although whites and non-whites tend to commit crimes to the same degree, racial prejudice finds the latter more often pursued and imprisoned.  This theory holds that it is those people within law enforcement that expect the higher percentage of crime to come from non-white people and therefore their arrests are made accordingly.  Whether this, the former theory or some other reasoning is true, the fact is that the American criminal law system does appear to be somewhat racist. 

In truth, American law has been in constant flux since the Civil War in trying to deal with new issues surrounding racism because of the new ideal of equality between the races.  Since that initial period of freedom and the following freedom and equality established for people of races other than Caucasian or African-american, law and criminal law has been changing to incorporate new information and to dispel any incorrect notions concerning any race.  Fragments of an original racism throughout America still show through and it is these that must be focused on and changed. 

Perhaps criminal law itself is not to blame so much as a poorly constructed infrastructure that allows for minority groups to reside in poorer areas without generally access to the same public services as better off citizens, who are usually white.  A fairer public service platform might be the first thing that sets true equality in motion and changes the perspective that non-whites are more likely criminal in intent, or that they are in fact inferior at all.  Although on the surface criminal law in America is racist (and this can really not be disputed) we need to look at the reasons underneath such a status before placing blame.