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What To Do When You Have Been Charged With Drug Possession

Posted by on February 9, 2016 in Uncategorized | Comments Off on What To Do When You Have Been Charged With Drug Possession

When you are stopped while walking around town or driving and an officer of the law charges you or accuses you of drug possession, you may wonder if there is anything you can do to handle the situation and avoid serious legal consequences. Before you begin to panic, get to know some of the steps that you can take to protect yourself. If They Haven’t Searched Your Home Or Vehicle Already, Do Not Consent Without A Warrant Police officers may stop you on the street, in your car, or even at your home for a myriad of reasons and then ask to search your home. They may use different language such as “have a look around” or the like, but the intent is the same, to find any kind of evidence to fit their suspicions about the situation (namely that you may have illegal drugs or paraphernalia in your possession). If the police officer is intent upon searching your property, they may try to coerce you into consenting to a search. Without an official search warrant or a pressing reason to search your vehicle (e.g., because you have committed another, related crime that would require a search), they need you to give verbal consent. However, you do not have to consent unless they have the warrant. If You Have Already Been Searched, Contact A Criminal Defense Attorney Immediately If you already consented to a search and the police did charge you with drug possession, then you have an entirely different situation to deal with. As soon as your property has been searched, you should consider contacting a criminal defense attorney, like those at Bayley & Mangan Law Office. If your attorney can start the process right away, they may be able to have your charges overturned based on the process by which the police convinced you to consent to the search. In the case that the police had a search warrant, a criminal defense attorney may even be able to get the search warrant overturned and therefore your charges dropped. There are many angles from which to approach your drug possession charges, but some of them require swift legal action. Now that you know a few of the steps to take when you are facing an accusation of drug possession or even an actual legal charge of drug possession, you can take the necessary steps to protect yourself and handle the situation as well as you can.  ...

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Options For Avoiding Challenges To A Will

Posted by on January 5, 2016 in Uncategorized | Comments Off on Options For Avoiding Challenges To A Will

Your estate’s executor is responsible for carrying out the wishes that are stated in your will. Unfortunately, some family members might not agree with those wishes and challenge the will. If you believe that there might be challenges to the will, there are some legal actions you can take now to avoid this.  Include a No-Contest Clause A no-contest clause is used to discourage relatives from challenging your will. With the clause, anyone who challenges the will in court and loses, will be cut from receiving any inheritance. Even if you had designated that he or she was entitled to receive an inheritance, it is forfeited once the challenge is filed.  The no-contest clause does not apply if someone does not receive an inheritance. For instance, if you leave nothing to your sister and she challenges the will, she is not at risk of losing anything.  The specifics of the no-contest clause can differ from state to state. Check with your state’s laws to find out whether or not the clause is allowed and under what circumstances.  Validate Your Will Before Death Normally, the will is validated in probate court following the death of the will maker. However, if you fear challenges to your will, you can have it validated in court before you die.  There are many reasons to validate your will, including proving you are of sound mind. Instead of the executor having to fight to prove that you were mentally sound when you created the will, you can talk directly to the judge and inform him of your wishes.  Validating your will now is also a good idea if one of your family members is likely to claim that you have been unduly influenced in your estate planning. For instance, if your children are arguing that your caregiver is manipulating you into leaving part of your estate to him or her, you can inform the court otherwise. It is important to note that even if you validate your will now, you still have the option of changing it later. If you do make changes to the will, you need to file a petition with the court to have the validated will removed. You can also choose to validate the new will.    Consult with an estate planning attorney such as Hamilton Michaelson & Hilty LLP to learn of other ways you can avoid challenges to your will. Since some methods can be state-specific, working with an attorney is imperative....

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