Things That You Should Do Before Filing A Lawsuit

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When filing a lawsuit, you should not let anger dictate to you. Lawsuits can be costly for both parties and thus, it is important to ensure that you have a legitimate dispute before filing a lawsuit. Generally, you should not file a lawsuit unless there is no other way you can compel someone who has harmed you in violation of the law to compensate you for the damages you have suffered. However, if you are ready to sue, these are the things that you should do to increase your chances of winning the case.

Hire a lawyer

Although some people have been successful without using the services of a lawyer, it is important to note that lawsuits can be very challenging especially if it is your first time. Using the services of a lawyer to guide you through your claims will significantly increase the odds of a successful outcome. Nevertheless, you must choose the lawyer who specializes in your area of interest. If you are not sure about the type of the lawyer that you need, you should talk to a lawyer who deals in the general law to advise you on the best way forward. The best lawyer should also be highly experienced and have a good reputation.

Get your lawsuit ready

Make sure that you have the right capacity to sue. In most states, you must be over 18 years and in good mental health to sue. If you cannot sue because of age, health or illness limitations, you should have a trustee, guardian or an executor for the lawsuit to continue. You must also decide the court you will file the lawsuit. Filing your case in the wrong court can result in premature dismissal and hence, you must be careful when making the decision. The right type of court whether state or federal will depend on the subject matter jurisdiction. You must also ensure that you are within the allowed time period to file a lawsuit.

Prep and file the lawsuit

Before filing the lawsuit, you must find out all the documents that you should submit. A court clerk will tell you what you need to file a lawsuit including a summons, a civil cover sheet, and a complaint. The documents should be written according to the guidelines of the court such as typed and double spaced. You must also sign and date the documents. Once the documents are ready, you should file the complaint with the court, serve the defendant, and file proof of service. Once you file the defendant, most courts require that you file a document demonstrating proof that you properly served the defendant.

Conclusion

How well you prepare for the lawsuit will determine whether your case will succeed or fail in the court. When preparing the complaint, it is important to include the statement of facts, set forth your legal claims and an introduction documents that include the defendant’s name and the relation.

Hiring The Best Bail Lawyer Winnipeg

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Every person is innocent until proven guilty. This is the main principle of our justice system as far as criminal cases are concerned. This means that nobody should have to spend a day or several weeks in jail awaiting commencement of the trial or arraignment in court. According to the law, the police, or feds, are required to present a suspect in a crime in court within reasonable time. In case they need more time to gather the necessary evidence and prepare the case for prosecution, the police must go to court to seek permission. However, since the police may not have a case, the accused has the right to ask the court to release them because there are no charges facing them. Most judges would release the accused unless the charges they are facing are serious.

When a suspect is arraigned in court and the charges read out, the defense attorney can ask the court to release the accused on bail. During the bail hearing, the court will check if the accused possess a threat to society, is a flight risk or might interfere with the case if released. If not, bail can be granted and the bail amount set. A bail lawyer Winnipeg residents should know, can help suspects in criminal cases to secure their freedom as they await commencement and conclusion of their case.

Factors to Consider When Hiring a Bail Lawyer

i) Experience

The number of years an attorney has been offering bail services in Winnipeg is a key factor of consideration. You want to hire someone with a lot of experience helping Winnipeg residents with their bail cases. This is because the most experienced attorneys are well-versed with bail requirements and procedures. They also know all the bail bondsmen in the city, so they can easily secure the release of their client on bond.

ii) Reputation

When consumers are happy with the quality of service offered by a given lawyer, they normally write positive reviews and give the service provider the highest rating possible. If you would like to get the best legal representation, therefore, you need to hire a bail lawyer Winnipeg residents love and trust. Start by searching the internet for reviews and testimonials to make a shortlist of the best lawyers.

iii) Fees

The work of bail lawyers normally ends when they secure the release of their client on bond. Most lawyers normally quote a fixed fee for the service. Therefore, you should consider asking a number of bail lawyers to give you their quotes. After comparing these fees, you can identify the most affordable legal representative. Be sure to talk to the most qualified lawyer who quotes the lowest rates for their services and confirm the fees they have quoted before committing yourself.

An Overview of the Criminal Law Procedure

Criminal Law

The procedure involved with criminal law is actually quite simple, in theory, but it has a lot of complex factors as well.  Today, we will discuss the three main parts of the procedure, and what it means to you.  If you have been arrested for a crime, then you will definitely want to be aware of how it works, so that you can get the proper legal representation in time to help you when it comes time to go to the trial.

The Arrest

The first step is the arrest.  This is where you are actually arrested and taken in to the local police department.  You may just go in for questioning at first, but if an arrest is made, they will likely cuff you and book you into the county jail.  This is often times one of the most frightening parts of the procedure for some people, but remember you do have the right to remain silent.

The Charge

Next, you will want to take a look at the second step, which is the charge.  This is the actual charge that they are holding against you.  When you are charged, you will go in front of the judge for indictment, and they will set a trial date.  Sometimes, this is the longest part of the process, because you never know how far out the trial will be set.  You may, however, get to bail out of jail to wait for the trial, depending on the type of charge.

The Trial

Finally, you will go to trial.  Sometimes, before the trial occurs, you will be offered a plea bargain.  This will allow you to get a lighter sentence, and if you are guilty it may be one of the best things for you to do.  If you are innocent, and it can be proven by your lawyer, then you should probably wait out the trial.

If you need help with your legal representation, it is a good idea to hire a criminal defense lawyer.  They have seen many cases, and chances are they have dealt with your situation in the past, and they know how to go about it effectively.  Whether you have just been arrested, or you have an upcoming trial, you will want to make sure that you have someone that you can trust to fight for you on your side!

Call Robb MacDonald for help. Robb is one of the best criminal lawyers toronto. The best criminal defence lawyer toronto has to offer.

How the Criminal Process Works

Criminal Law

Most people have never contemplated the idea that they might be arrested.  That is because most people live their lives in a way that is open and honest and are not breaking the law. Yet mistakes are made all the time and even if a person committed no crime there is still a chance that they just might find themselves accused of doing something they didn’t do. Today all it takes is the word of one or two people and you can be accused of committing a crime.  The normal person will not know how the system really works because they have only known the inside of a courtroom on television shows. But all people should be aware of their rights and the process so that they will be able to navigate their way through a legal challenge successfully.

One of the first phases of an investigation will be to question a person. This is done when there is a suspicion that a crime was committed and it is believed that you might have knowledge of that incidence.  Questioning is done without taking someone to another location and should be informal. How you answer questions is very important because it there is probable cause then the arrest can happen. This means that the police officer is going to detain you and deprive you of your right to freedom of movement. This can happen after a search of a home or vehicle in which something illegal is found. There needs to be a legitimate probable cause in order for that search to take place immediately or they will have to get a warrant to search you property.  It is in a person’s best interest to never allow a search because it can only provide something negative to a person’s situation. Even though a person has nothing to hide, there is no reason to allow a search.

All people can be arrested when the police officer has probable cause that the person has committed a felony or the officer sees the person commit a misdemeanor or there is a warrant already issued for that person to be arrested. Once arrested and officially accused of a crime the person is booked, where their picture and fingerprints are taken for the record and the person is held for a period of time. If the person is a danger to themselves or others they won’t be released. Once you are brought before a judge, the accused will be able to enter a plea of guilty, not guilty or no contest. In most cases they will then be able to get out of jail until the trial on bail.

Types of Crimes Criminal Lawyers Can Help You With

Criminal Law

If you have ever been arrested for a crime, then you are probably well aware of the fact that there are different types of crimes.  You have some that are more serious than others, and these come with much harsher punishments.  You should really gain a better understanding of these types of crimes, so that you will be able to tell if you need to have a lawyer on your side.

Felonies

Felonies are the more serious type of crime that you can be charged with.  Certain felony charges are very serious, such as robbery, arson, murder, kidnapping, and rape.  These are really serious, and you really have to be careful.  You can’t just let something like this go onto your criminal background without first trying to fight it with a lawyer.

Misdemeanors

Next, we have misdemeanors.  These include crimes such as public intoxication, vandalism, theft, assault, certain drug charges, etc.  These lesser charges are still not fun to deal with, but they don’t carry near as serious consequences as the felony charges do.  That doesn’t mean that you want them on your record, though!

Should You Hire a Lawyer?

Now, you probably want to know whether or not you need to hire a lawyer.  This is actually something that a lot of people wonder about, but the key is to make sure that you know that having a lawyer on your side is going to make you look a lot better than you would if you didn’t have someone to represent you.  If you don’t know what to do about it, then you might want to try to find a lawyer that will offer you a free consultation, so that you can know what to expect out of the case.

Whether you have been charged with a felony charge, or a simple misdemeanor charge, you will still want to make sure that you have legal representation on your side.  You don’t want to have something that will sit on your record for the rest of your life and keep you from being able to get a good job, go to a great college, or cause you to have to go to prison.  It is extremely important for you to look for a trusted lawyer that will handle your case to the best of their abilities if you really want to keep your record clean.

Important Questions: Should Everyone Own a Gun?

Guns

In the United States the issue of gun control has been one that has been debated for many years. Since the constitution of the United States guarantees all citizens the right to bear arms, there is agreement that guns should be a part of the American landscape, but how much is the debate. Some politicians would have a limit on the types of weapons and a public record of who owns them. Still others would like to see no limits at all in gun control and see every limitation as an attempt to take away their personal rights guaranteed by the constitution. There is no doubt that this issue is nowhere near solved.

Why Gun Limits Make Sense

The most sense that gun limits make sense because there is a lot of violent crime being committed in the world today. It is theorized that if the access to guns are limited less people are going to die. There will still be those who commit crime but they will be doing it with weapons that are significantly less deadly than the ones that exist right now.  The movement to have all guns registered so that if a gun is used in a crime it can be traced back to the owner of that gun.  The other consideration is to do a background check and have a waiting period before a gun can be bought. This is to keep them out of the hands of criminals and the mentally unfit.  Then there are the outright bans on assault weapons because they have no purpose other than to kill other people. These all sound like rational reasons until you listen to the other side.

Gun Limits Make No Sense

With so much violent crime being committed in the world today, it only makes sense that we should arm ourselves so that we can protect our families from criminals. Gun advocates tend to believe that more guns are going to be a deterrent to crime being perpetrated. Any limit on a weapon is seen as an attack on the constitution and should be fought because once you give up one right then it won’t be too long until others are compromised.  This is the argument in support of assault rifles, that if you allow the government to dictate the kind of weapons that a person, soon all weapons will be removed from the public access. A public that can’t defend itself is going to exist at the mercy of the government. Most people just don’t want to rely on that type of mercy.

Using a Criminal Lawyer for Your DUI

DUI

Have you been charged with a DUI?  If so, then you will definitely want to hire a Criminal Defence Lawyer to help you out such as Lawyer David Cohn.  There are certain lawyers that deal specifically with DUI cases, and this may be the best option for you to consider.  After all, a DUI on your record can really mess up your background, and it can prevent you from getting jobs, and can even put your license at risk.  You can even go to jail if you are found guilty.

Are You Innocent?

If you are innocent, then you will want to make sure that you have a lawyer on your side that will help to prove your innocence.  They will be able to gather information and facts related to your case, and show it in front of the judge to try to get your charges dropped.  If you go at it alone, proving your innocence will be next to impossible.

Are You Guilty?

Were you driving under the influence?  If so, then you really need a lawyer on your side that can help to minimize the sentence.  If it is your first offense, you may actually be able to get off with a lighter sentence.  If you are a repeat offender, then it may take a bit of extra work on the attorney’s part.  Just remember, drinking and driving can really put people’s lives at risk and it is never a good idea.

Protect Yourself and Your Rights

The best thing that you can do is refuse the breathalyzer at the scene.  If you do this, then it will be much harder for them to convict you in the end.  While they will probably arrest you at first, you can get a lawyer that will be on your side and can work to have the charge thrown out.  You should never submit to a sobriety test, even if you have only had one drink and it was hours ago.

These are all things to consider if you are charged with driving under the influence.  The truth is, there are many people out there that are able to get off on these charges all the time.  You can too, but you have to have a reliable criminal defense lawyer on your side if you want to be successful.  You should look around and find someone that you can trust to take on your case.

Post presented by David Cohn, the best Toronto criminal defence attorney around.

Why It is Important to Hire a Criminal Lawyer

Criminal Law

calgary criminal lawyerNeed a Federal crimes lawyer? We recommend Detroit federal attorney Kevin Bessant. The top federal crimes attorney in the city.

If you are facing criminal charges, it is really important for you to hire a criminal lawyer.  They can help you out in a variety of different ways.  Some people take the risk of representing themselves, and it usually doesn’t turn out the way that they had hoped it would.  This is because a lawyer is really able to get in there and learn more about the case, and they can use their expertise to your advantage.  Here are a few of the reasons why you should hire a criminal lawyer if you haven’t considered it already.

They are Knowledgeable About the Laws and Regulations

First, you will find that they really know a whole lot about the laws and regulations in your area.  They will be able to answer any questions that you may have, and they can also see if the charges against you can be held up in a court of law?  They have studies and studied the law and this can really work out to your advantage.

It isn’t Smart to Represent Yourself

Lets face it, representing yourself doesn’t look great.  It says that you didn’t believe in yourself enough to hire an attorney to help you.  If you get up in front of a judge and try to manage it on your own, they may throw the book at you.  Then, you won’t have the opportunity to get representation.

You Have Better Odds with Reliable Representation on Your Side

Finally, you should be aware of the fact that you have much better odds if you have reliable representation on your side.  They will be able to offer you counsel and can negotiate with the prosecutor and the judge, which are all things that you can’t really do too well on your own.  They may even know the prosecutor and be able to get in good with them, especially if they have a good working relationship together.

As you can see, it is really important for you to hire a criminal lawyer if you are facing a criminal charge.  Your criminal record is at stake, and you don’t want to end up having something on your record that will haunt you for the rest of your life.  This is especially true if you are innocent of the crime, and you just need an experienced lawyer to help you prove your innocence.