Is There a Time Limit for Getting a Marriage Annulled?

Here’s a great article by Todd Spodek, a New York Divorce Lawyer. The laws that govern marriage and divorce for most states do not set a time limit under which a motion for annulment of a marriage must be brought. In fact, most states will leave such decisions to the discretion of the court hearing the annulment motion so long as the court will adhere to the rulings of other courts that were presented with the same or similar circumstances.

Some states, such as California, limit annulment to a certain period of time after a significant life milestone. As an example, California law limits an annulment on the part of an underage party at the time of the marriage to within four years after the underage party reaches the age of legal consent. This four-year statute of limitations is also true in cases of fraud that was not discovered until later, where the statute begins on the date that the fraud was discovered.

In general, the longer period of time that has elapsed since the marriage and the filing of the request for annulment makes it less likely that an annulment will be granted. In most cases the only exceptions to this generalization will be made in cases where there was a deliberate concealment of a fact that might have caused the other party not to enter into the marriage, such as concealing the existence of a previous marriage that ended in divorce or the fact that one party had a criminal record that was unknown to the marriage partner.

If there is a situation that would have prohibited one party from legally marrying, such as still being married to a spouse and not having obtained a divorce prior to the current marriage, an annulment may be granted regardless of how much time has elapsed. This is also generally true if the parties would have been legally unable to marry for reasons such as being under the age of consent or if they were related to each other in such a degree that state law would have banned the marriage.

A court is under no obligation to grant an annulment if the judge thinks that an annulment is not in the best interests of justice and thus, by extension, the interests of the parties involved in the annulment request. As an example, if the court feels there has been too great a time that has passed since the marriage and that the parties have accumulated too much property in common that a return to their pre-marital status would unfairly penalize on party, the court may dismiss the annulment action and suggest that a divorce is a better course of action.

Like a divorce, a request for annulment must be made in the state where the original marriage took place. If this is not possible due to the parties having lived as a couple in another state, an annulment request will be valid if the requesting party has met the state’s residence requirement for filing for divorce.

Recapping the above, most states do not place a time limit on when an annulment can be requested. There are some jurisdictions, such as California, where state law has established such limitations but even these can be subject to modification depending on the circumstances of each case. In any case, and regardless of jurisdiction or special circumstance, the advice of a domestic relations or family law attorney familiar with the appropriate state law should be consulted prior to beginning an annulment action.

Do You Need to Hire a Criminal Lawyer?

This article is by Michael Kotik – a premier Philadelphia criminal attorney. Being charged with a crime is never a positive experience. Some crimes are relatively low level legal issues that do not necessarily carry a jail sentence. This means that having a criminal defense attorney is not a legal requirement when there is no chance for a jail term and the only punishments are financial. However, this can still present a problem for an individual who pleads guilty because it generates a criminal history that the defendant may not have from prior legal situations. Merely having a criminal history for misdemeanors can be problematic in the future, as those convicted of certain seemingly small crimes can still be denied public housing, gainful employment or government benefits in certain conditions.

Do You Need a Clean Criminal History?
Having a clean criminal history can be a very important component of maintaining your good name when there are prospects for a bright future. And in some instances, those who are already gainfully employed in a professional field may actually have to leave that earning platform, which becomes a very expensive addition to a fine even when no jail sentence is included. This is especially true for industries like truck driving that require an even stricter adherence to rules of the road. Even a DUI charge can put a career on hold for several years. Your need for a criminal attorney always depends on the material case facts and the potential negative outcome following the conviction.

Can You Avoid a Jail Sentence?
Jail terms are common with many criminal charges, and always apply when felony charges are leveled by the state or federal government. All defendants in criminal cases are required by law to have some form of professional legal counsel who is effective and adequate according to the rules of the court. This evaluation assessment can be a problem when defendants are represented by a court appointed pro bono attorney, or even when the court requires the defendant to pay a minimal legal fee in addition to any sentencing. Going to jail can result in lost wages, or even employment in some situations. This just adds insult to injury when fines are included additionally as part of the punishment. Being on probation or parole can present trouble too for some convicted individuals, especially regarding drug charges. Even in misdemeanor cases, the defendant can receive up to one year in jail although it does not produce a felony record. Always remember that probation is often not available for those who have a prior record, so avoiding the conviction at any ate can be vital for the defendant.

What Can an Attorney Accomplish?
Many times having a reputable attorney handling a criminal case means that a full investigation can be conducted in the defendant’s behalf, establishing a counter argument and version of events. Many charges are applied on borderline or inadmissible evidence when the arresting police officer or the prosecutor are over-zealous in seeking a conviction. Prosecutors are not required to respect the rights of the accused beyond the basic assurance that a pro bono attorney will at least be representing your case. Pro bono attorneys are commonly actual employees of the same state that is pressing the charges and they must deal with the prosecutor every day on a wide variety of cases. This never bodes well for the defendant and many times an appointed counsel will walk the defendant directly into a conviction for professional protection. Defendants in criminal cases always need an attorney who will investigate the evidence, question the officers, and negotiate aggressively with the state attorney, including with illegal search and seizure cases. This may also include taking a case completely to trial, which prosecutors hate and appointed attorneys are reluctant to complete.

Always remember that retaining a criminal defense attorney to fight a criminal case is really an investment in the future of the defendant, but it is important to choose one with a solid track record of proven results for their clients. This is especially true regarding dismissed cases because of weak or inadmissible evidence. Prosecuting attorneys do not appreciate being upstaged in court, and having an attorney who is more concerned about the client than the perception of the prosecutor is an important quality for the right attorney. Always get a criminal defense attorney, and get a good one who can potentially win an acquittal or get a case dismissed completely.

Do you need a personal injury lawyer to get compensation

If you have been in an accident that was not your fault, you may be entitled to compensation. This article by NYC personal injury attorney Steve raiser discusses how to get compensation after an injury. However, you must prove that the other party was negligent for your injuries or that a company manufactured a defective product that hurt you. While it may be in your best interest to hire legal counsel to help with your case, you don’t need an attorney to get compensation for your injuries and other damages.

The Case May Be Relatively Easy to Win By Yourself

In some cases, the evidence is so clear that another party was at fault for your injuries that the case isn’t contested. Instead, you get the compensation that you want in a quick settlement or after a short trial. It is also possible that the other side in your case doesn’t want you to go public or for details of the story to get out. Therefore, they will give you whatever you want to make a lawsuit go away.

The Amount You Seek May Be Relatively Low

You may not want to hire an attorney if the amount that you seek in damages is less than $5,000. Instead, you may be able to get what you want in small claims court or through mediation that doesn’t require legal counsel to be present. While you may be compensated for your legal fees as part of a settlement, there is no guarantee that it will happen. That could mean that you pay more in legal fees than you win from the person or entity that hurt you.

You Have a Good Understanding of the Law

If you feel like you have a good understanding of the law, it may not be worth hiring an attorney. However, you may still want to hire outside legal counsel even if you are a lawyer yourself. This is because an outside party may be able to take a more objective look at the facts in the case and make a better legal argument on your behalf.

How to Prove Negligence

Whether you choose to hire an attorney or not, you will need to prove that negligence occurred. First, you must show that your injuries could have been a foreseeable result of someone’s carelessness. From a legal standpoint, talking on a phone while driving a car or chasing someone across a slippery floor creates conditions where an individual could get hurt.

Next, you have to show that there were damages resulting from an individual’s negligent behavior. If someone was talking on the phone in their car, it wouldn’t be negligent if that vehicle drove past you without causing any physical injuries or damage to property. Damages may include the cost of medical bills, lost wages or the value of destroyed property such as a car or bike.

Proving a Product Was Defective

If you claim that a defective product caused your injuries, there are additional elements that you may need to prove. For instance, you must show that the product was used as intended when you were hurt. You must also show that it wasn’t altered in a substantial fashion when the injuries occurred. However, it is generally not necessary to prove that the manufacturer knew of the defect under strict liability laws.

Those who have been hurt and did nothing to contribute to their injuries may wish to talk with an attorney. While you aren’t required to use one to obtain compensation for your pain and suffering, it is generally easier to win you case with legal counsel present. It may also allow you to spend more time focusing on your recovery as opposed to holding a defendant responsible for his or her actions.

Why do you need a DWI lawyer?

This article is by Nima Haddadi, a premier Los Angeles dui lawyer and a partner at the Raiser & Kenniff, law firm. who is also a former prosecutor. One of the first things you think about after being arrested for Driving While Intoxicated (DWI) is whether or not you should hire an attorney. You have heard that it is perfectly legal to represent yourself in these types of cases, and you are wondering if you should save the time and effort and just go to court alone. The decision you make will have an impact on the outcome of your case.

Yes, it is perfectly legal to represent yourself in court when you have been charged with DWI. But the real question is, do you want to take that kind of risk? While having an attorney cannot guarantee any specific outcome to a trial, using a DWI lawyer to represent your case will provide you with the following benefits:

• Knowledge of the Law. Your attorney has the experience and knowledge you need to fight this type of charge. They understand the law, know what changes have occurred, and know which laws apply specifically to your case and which do not. This knowledge can and will make a difference in your case.
• Knowledge of Defenses. There are many different reasons that a person can be viewed as DWI by the police. An attorney will examine the charges and determine if they are accurate. Your attorney will also present the facts to the court in a manner that is most beneficial to your case.
• Knowledge of Sentencing. If there is sufficient evidence for a conviction, your attorney may be able to negotiate on your behalf for a lesser sentence. This can make a large difference on the outcome of your case.

How A DWI Impacts Your Life

If you are convicted of a DWI, you will face many challenges in your personal life. The legal penalties of a conviction include:

• Possible incarceration
• Possible community service
• Fines and court costs
• Installation of an Ignition Interlock Device
• Loss of driving privileges

Your punishment may be one or more of the items contained on the list above. In addition to these penalties, you will also face:
• Transportation costs because you have no license
• Higher insurance rates when you can drive again
• A criminal conviction on your record that could impact employment
• Financial strain from fines and community service fees
• Personal stress between you and your family members

Working With A DWI Attorney

Your DWI later will closely examine all the aspects of your case and determine the best possible solution. Laws and defenses change every day. Your attorney will know and understand these changes and use them to help your case. Building a solid defense for you will provide a better outcome to the charges.

In the end, you have to ask yourself how much risk you are willing to take when you have to go before the court for your charges. Approaching the court alone without the right knowledge is sure to end in a conviction. Taking advantage of the skills, experience and knowledge of a DWI attorney will always be to your benefit.

Hiring a Criminal Defense Lawyer vs A Public Defender

This article is by Steve Raiser, a fantastic personal injury and criminal defense lawyer.

Everyone has a right to representation in court, and those who cannot afford to hire a private attorney have the option of relying on a public defender. However, those who have the option are typically best served by working with a private attorney. Here are a few reasons why.

Time Demands

Public defenders receive relatively little pay for the work they do, and most simply don’t have the time to put forth a solid defense. Furthermore, public defenders aren’t paid by the hour, and it’s in their financial interest to get a case over with in a timely manner. People looking to fight criminal charges generally want an attorney who’s capable of putting in the time the case requires instead of simply trying to get it over with. More time means private attorneys can track down information public defenders can’t, and it allows them to hone the defense toward the case the prosecutor brings instead of putting forth a more typical defense.

Experience

Public defenders vary in terms of skill and experience, but many don’t view their work as the final jobs in their careers. Again, money plays a factor; public defenders who learn on the job often move into private law after a certain amount of time and view their work as a resume point. While some public defenders have years of experience, many are in the early stages of their careers, and their lack of experience can result in you getting a less robust defense. When hiring a criminal defense lawyer, you’re more likely to hire a lawyer with experience within the system. This experience doesn’t just make a difference in the courtroom; experienced lawyers know how to guide their clients outside of the courtroom to avoid issues that can pop up during trial. Furthermore, they know how to better prepare their clients for the stresses that criminal cases can bring, which can make the process less stressful.

Plea Bargaining

As public defenders are typically paid per case, it’s in their best financial interest to end the case before it even reaches the courts. Because of this, prosecutors often have standard pleas they offer to defendants, and public defenders often push their clients to accept these deals instead of pursuing a defense in the courtroom. Criminal defense lawyers, on the other hand, often know how to leverage their experience and strive for better plea deals for their clients if doing so can result in a more favorable outcome. They can also provide guidance for their clients that public defenders often can’t provide; even if the facts make a conviction seem unlikely, accepting a plea deal might be worthwhile if it avoids the possibility of a conviction entirely and can lead to a faster resolution.

Comprehensive Plans

In many cases, successfully defending against charges goes beyond merely launching a strong defense. Small factors, including how the defendant dresses, can have an influence on jurors, and getting all of these elements right demands experience and time, two elements criminal defense lawyers typically have that public defenders often lack. Furthermore, many defendants, whether they’re guilty or not, might have substance abuse problems or other issues that might arise during the trial. Getting proper treatment can help during the trial and, if there is a conviction, during the sentencing portion of the trial. Getting these factors right is crucial for handling a case as rigorously as possible.

Leverage

Prosecutors know how little time public defenders have to prepare for cases, and they use this knowledge as leverage to secure a plea deal or guilty plea so they can more on to other cases. Prosecutors, like public defenders, are often overwhelmed, and they have to decide whether a case is worth bringing to trial. Criminal defense lawyers pose a bigger threat to securing a conviction than public defenders, and prosecutors are less likely to pursue charges if they have to go against an experienced lawyer with a strong track record. In some cases, defense lawyers can present the facts of a case to the prosecutor and explain, convincingly, why a conviction is unlikely. This leverage can sometimes result in having charges dismissed in cases where the prosecutor would pursue charges if the defendant was relying on a public defender.

Being a defendant is always stressful, and those who find themselves facing the prospect of a conviction need to ensure they’re taking all steps possible to have the case resolved well or beating charges. While public defenders play a valuable role in ensuring that all defendants are represented, they simply can’t offer the same effectiveness as criminal defense lawyers, and those in a position to hire one should strongly consider doing so.

Pedestrian Accidents

If there is one thing for which New York is famous, it’s traffic. Whether it’s cars, trucks, or other vehicles, Bronx roads can be dangerous places for pedestrians. As a result, numerous pedestrian accidents happen daily. Needless to say, the injuries sustained in these accidents can devastate the lives not only of the victim, but their families as well. When this happens, retaining the services of an experienced pedestrian accident lawyer who knows what it takes to win these cases can eliminate much of the stress and worry that accompanies these accidents.

Why Do These Accidents Happen?
While pedestrians are not always blameless when these accidents happen, in most cases the reason for the accident is driver negligence. Even though drivers are morally and legally obligated to operate their vehicles in a safe manner, that doesn’t always happen. While there can be a variety of reasons why these accidents happen, some of the most common include:
–Driving while drunk or under the influence of drugs
–Texting or talking on a cell phone
–Running a red light or stop sign
–Failing to stop for a crosswalk
Sadly, even though the vast majority of drivers are at fault when these accidents happen, their lawyers and insurance companies will instead focus on the victim in an effort to have them admit fault for the accident. In many cases, victims may feel so pressured that they may state the accident was their fault or accept a settlement offer that is far less than they need or deserve. Rather than let yourself be manipulated by these and other parties, let a Bronx pedestrian accident lawyer protect your rights and ensure those who were negligent are brought to justice and required to provide financial compensation.

Victims and Their Injuries
When a pedestrian accident occurs, victims find themselves dealing with extremely devastating injuries. The most common injuries are broken bones, leaving victims with arms, legs, hips, and other parts of their bodies that will require months to heal. Along with these injuries, others that may prove more devastating and last a lifetime include spinal cord injuries, brain injuries, and even amputations. When these injuries result from a pedestrian accident, victims and their families realize their lives are forever changed. Along with the physical and emotional pain and suffering, there are also many financial issues that result from these circumstances. Medical bills, often totaling thousands of dollars, begin to pile up and often result in never-ending stress. Along with these bills, victims who are unable to work also have additional expenses to worry about, knowing they may never be able to resume once-promising careers. To make sure these and other expenses are able to be paid, victims need a Bronx pedestrian accident lawyer who knows what it takes to win these cases. By gathering key evidence, speaking with witnesses, and planning a legal strategy that results in those who were negligent being held accountable legally and financially, victims can rest assure they will have the compensation needed to keep their lives as normal as possible.

Why Do I Need a Pedestrian Accident Lawyer?
In cases such as these, a number of factors come into play when attempting to prove who was at fault. Therefore, having a lawyer who has handled many of these cases over the years can play a significant role in whether the case is won or lost. Since there are many reasons why drivers are negligent during these accidents, an experienced lawyer can examine the details of the accident and plan a strategy that will result in the case being won. Along with this, lawyers skilled in these cases can ensure victims are not left with little or nothing in compensation due to the pressure of insurance companies. However, by meeting with a pedestrian accident lawyer for a free consultation, victims can greatly increase their chances of winning their case. By explaining exactly what happened and the impact the accident has had on them and their family, victims can work closely with their lawyer to ensure negligent drivers are brought to justice. By taking the initiative rather than suffering in silence, pedestrian accident victims can receive the financial compensation they need to resume their lives.

This article is by Marc Albert, a leading Long Island Personal Injury Attorney.