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Monthly Archives: December 2015

Bail Bonds – A Legal Right Available Until You Are Proved To Be An Offender

If you or any of your family members is arrested, the first thought that comes in your mind is how to walk free again, soon. The accused should post a bail request is the solution. In general, bail is a monetary payment made by accused in court promising to be present in court on the scheduled date given by the judge.

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If you are arrested does not indicate that you are a criminal. You can be arrested on the basis of certain parameters and there are remedies available in the law in form of bail bonds. Below are some of the important things about the bail bonds.

  1. You can be released on own recognizance. Own recognizance means you promise to appear before the court for all the future hearings without paying anything. If you do not appear for the hearing judge can issue a warrant. This is generally a case when it is your first crime, which is minor in nature. This can be completed at the time you are booked.
  2. Law gives you the right to call your family or friend or relatives or lawyer, who can post a bail bond on your behalf.
  3. There are bail schedules attached in most of the jails, which specifies the amount that you need to pay as bail bond. Pay the funds and walk away free.
  4. Posting a bail in anticipation of arrest. If you are anticipating that you may be arrested for any crime you may post a bail, prior to your arrest.
  5. A bail bond can be posted by the accused or any friend or relative or a bail bond agency on behalf of the accused, Bail bond agencies generally post the bail for the accused when a third party acts as surety or there is a collateral involved. Bail bond agents generally charge 10% to 20% of total bail amount set by the judge as their fee which is non-refundable.
  6. If you are not able to pay the sum fixed for bail as the amount is quite high you can ask the judge to lower the bail amount, depending on the crime and the rules of the state judge can lower the bail amount.
  7. Constitution also provides that the bail amount should not be a source of revenue for the government, the motive of awarding bail is to ensure that the suspected person can be free until he/she is convicted of the offence by the court.
  8.       A bail can be conditional or unconditional. An accused can be granted bail but he needs to follow certain conditions imposed by the court.
  9. An accused can post a bail bond either in cash or by check or ask a relative or a friend to transfer money to his/her jail account. In some places a bail bond can be paid via credit card, also.

If you are in jail or want an expert advice on bail bond always gets in touch with a professional from San Diego bail bonds agency to discuss about this matters. A lawyer can help you get released soon and also explain the conditions the judge has put in.

 

A Complete Guide on Various DUI Drugs

According to the state law, drugs are any substance other than alcohol can affect the nerves, brain and muscular system of your body. You will be intoxicated under the influence of excessive drug abuse and it can disrupt your senses and hamper your eyesight. This will make you lose control on your driving.  You will be charged because you will not behave like a sober person.

Driving under the Influence is not pardoned when

  • You are driving having illicit substances like cocaine
  • You are driving using prescribed drugs like vicodin
  • You are driving after taking over the counter drugs like diphenhydramine, Tylenol

You may also be charged even if you have taken prescribed medical drugs. There are few medical drugs that can cause impairment of senses. These types of substances are mainly found in cough syrup, sleeping pills, depression pills and pills for hyper tension. However, the chemical formula may be different from each other. Therefore, you should always consult the doctor and inform him that you may have to drive. He can alter the drugs and give other medicines instead of it.

Investigation will be followed with Drug Recognition Examination (DRE), and it is conducted by an expert. They are well trained to detect all types of drug abuse. You are not allowed to drive, if you have the concentration of more than 0.08 percent in your blood. However, it is very difficult to prove the exact toxic level in your blood. That is the reason why it is difficult to prove the guilt or innocence of a person. Mostly your DUI lawyer will try to use this fact to defend the case in your favor.

Therefore, you must hire the best DUI defense attorney. An experienced practitioner can help you because he knows which tests and results can counteract the other performed tests. He can also help you out with your fine and other charges. Most important, he takes care of other things as well, so that the daily life is not hampered.

Penalties for DUI

DUI with drugs is usually a misdemeanor in some states, but only in the first attempt. However, it will be treated as a felony when:

  • It will be your fourth or a subsequent DUI you have performed. The subsequent DUI may be within six months to two years
  • You have committed one felony before as well
  • You have damaged other person’s car, the road property or even when the other person gets injured from your driving

The penalties for the felony are same as the punishment given for drug or alcohol abuse. Moreover, it may become complicated, if you have also been charged with both fine and imprisonment for one year. The penalties may include:

  • Fine that can range from 1800 dollars or more
  • Probation period of five to six years
  • Admission in DUI school of the state, you have to complete the entire course
  • Suspension of driver’s license for more than six months. Additionally, some states can give you a modified driving license that will clearly state that you are under probation period.

Conclusion

The best lawyer can prove that you were driving recklessly and not under DUI. However, the process is long and you will not be charged with felony.

Adaptability Is Key When Searching For A House

When getting a home to buy, it’s crucial that you be versatile. There are actually numerous properties readily available and each one has various attributes in addition to prices. In case you have quite particular demands, it should take you much longer to find a home. Even though it isn’t required to invest in a house you can’t stand merely in the interests of getting a home, you will probably find an extremely wonderful property at a surprisingly lower price when you broaden your quest to properties making use of significantly less firm standards. Many individuals learn that widening their geographic search area a little enables them to find a home to buy within a nice neighborhood which is far less costly compared to a number of others. There are many good offers only outside of very nice local neighborhoods which allow home buyers to live very close to the place where they wish to reside however not have to pay the costs these residents do for residences. Your children may play on the exact same parks as their children and you may make purchases on the same merchants. The sole difference is you will probably have more funds in your wallet as your home ended up being cheaper. Online house listings are really beneficial options for individuals that would like to buy a property but additionally have to understand their financial restrictions. Employing this technique to find a home will allow you to explore in your own home and talk about your findings with your loved ones with no purchasing pressure. The instant you locate an exciting house you really can afford, just make contact with the agent to go to the home. Although some properties will probably be cheaper centered entirely on the area, it really is crucial to have the property inspected by a property surveyor to guarantee what seems like a good deal just isn’t a big disaster. Finding the excellent house is an activity and you may learn this here now. Though it can be demanding occasionally, the benefit is wonderful if you allow you to ultimately be versatile in your house search. The correct property is on the market to your family members and when you wide open your thoughts, you can expect to find it.

What All Things Can Bankruptcy Do Or Cannot Do?

Yes bankruptcy removes the levels of debts, but does not eliminate it in all types. Take a while before applying for bankruptcy and make sure which all debts will get removed and which all will stay. Major parts can be looked after either in chapter 7 and some may be looked after in chapter 13.

There are certain debts that cannot be eliminated like:-

  • Child supporting
  • Alimony
  • Tax debts
  • Student loans
  • Secured debts

There are many situations in which the chapter 7 may seem apt, and some instance may not be complying with the stating of chapter 7, and it is when you seek chapter 13. For the best of guidance, you may seek help from bankruptcy attorney in San Diego.

What bankruptcy is capable of doing?

If you have been experiencing debt, then bankruptcy is a powerful source to help you. The things that may bring help in this regard as follows:-

  • It helps in wiping of debt connected with the credit cards
  • This is done because credit card is considered as an unsecured debt
  • This is looked after under the factors of bankruptcy the most.
  • IF chapter 13 is applied for, then you will have to pay some parts of the unsecured debts
  • It prevents any sort of harassment you may be facing from the creditor
  • If the lender harasses severely, then bankruptcy comes as a supportive shield.

What is it that the bankruptcy can’t do?

  • It is not capable of removing liens.
  • The bankruptcy cannot remove the child support debts in such instances
  • This cannot wipe out the student loan totally. Only few aspects are looked after.
  • It cannot eliminate the tax debts
  • It cannot eliminate other non dischargeable debts
  • If the debts exist for aspects related with death caused due to intoxicated ways of driving, then it cannot be removed.
  • It cannot help you under the aspects of penalties charged for violation of the law.
  • It cannot help if you are penalized under criminal acts

What is it that only chapter 13 can do?

  • It may prevent foreclosure
  • It forces the lender for accepting the missed payment overtime.
  • This chapter may make you keep the non-exempt property as you are declares bankrupt
  • The debt levels may be reduced considering the situation under consideration.

Bankruptcy may prevent collection activities, remove maximum types of debts and allow a bankrupt to reorganize the debts you may have. It may also help you to level up on the mortgage that is missed or any payment that needs to be made against the car loan.

Bankruptcy is one situation that no one wishes to experience, but there are times when having bankruptcy are a boon and not a bane. There are many things and situations under which bankruptcy is capable of helping you, but on the same line it is not potent enough to help you under some circumstances.