The purpose of a preliminary hearing is to allow a magisterial district judge to determine whether the government can demonstrate a prima facie case against the defendant. A prima facie case requires, in layman’s terms, the government to demonstrate that it is more likely than not that: (1) a crime...
Advisement of rights – A form advising obligor’s of their rights concerning wage-withholdings. (See “obligor" and “ wage-withholding".) Alimony – Periodic payments from one spouse to the other. This may be before the divorce is final and/or for a set period of time after the divorce. (See “pendent...
Advisement of rights – A form advising obligor’s of their rights concerning wage-withholdings. (See “obligor" and “ wage-withholding".) Alimony – Periodic payments from one spouse to the other. This may be before the divorce is final and/or for a set period of time after the divorce. (See “pendent...
Generally Chapter 744 of the Florida Statutes governs guardianships. Florida Statute §744.361 through §744.462, sets out the powers and duties of guardians. However, in typically confusing statutory fashion, not necessarily every power and duty of a guardian is contained within these statutory...
CONFLICTS OF INTEREST Guardians owe a fiduciary duty to their wards. A fiduciary duty is one of the highest legal duties one person can owe to another. Therefore, guardians must be very careful to avoid any conflict of interest that would violate the fiduciary duty to the ward. A guardian cannot...
Step One: Prepare Eviction Notice The first step in most eviction cases is the Eviction Notice. This “for cause" notice typically occurs when a tenant fails to pay rent, is too noisy, is selling narcotics, or has does something that violates an important lease cause. In other instances, a “without...
This article discusses general asylum law with a particular focus on some common claims from China. To be granted asylum in the United States the applicant must show they have a “well founded fear of persecution" if returned to their home country. Generally asylum has to be claimed within 1 year of...
In Michigan there are 4 specific criminal allegations that constitute Child Abuse : Child Abuse in the First Degree - MCL 750.136b(2) - occurs when an individual knowingly or intentionally causes serious physical or serious mental harm to a child. Child Abuse in the First Degree is punishable by up...
A commonly misunderstood and confusing part of employment law litigation for employees who feel they have been discriminated against in Wisconsin is whether to file their claim with the Wisconsin Equal Rights Division (ERD) or the Equal Employment Opportunity Commission (EEOC). While both entities...
ADOPTIVE PARENT-RELATED QUESTIONS Who can be an adoptive parent and who selects them? There are three types of adoption in Louisiana: Agency, Pivate, and Intrafamily. The Children's Code is the same for all three types: a single person, 18 years or older, or a married couple may jointly petition to...
This guide summarizes some important differences between the employment-related disability laws in the California Fair Employment and Housing Act, Government Code sections 12900, et seq. (FEHA) and the federal Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA), as of...
The purpose of this guide is to help and assist a Pro Se Litigant in obtaining a custody/parenting plan modification in the State of Florida. The guide shall give a brief overview of the legal requirements to obtain the modification, and shall reference the necessary Supreme Court approved forms to...
Nikki Mehrpoo Jacobson Attorney at Law / Professor of Law email@nikkijacobson.com THE JACOBSON LAW FIRM, APC Immigration & Nationality ǀ Workers' Compensation 510 West 6th St. Suite 326 Los Angeles , CA 90014 (310) 277-2266 (310) 277-3366 FAX Los Angeles Immigration Lawyers - Free Consultation www....
Birmingham, AL : By Jane Mundy If you are taking Depakote and considering getting pregnant, if you are of child-bearing age and taking Depakote, or even more concerning—that you are pregnant and taking this drug , it is very important that you read the following regarding Depakote and the Depakote...
ADVERSE POSSESSION CLAIMS IN MASSACHUSETTS Many title disputes in Massachusetts arise through the assertion of an adverse possession claim. In Massachusetts, "[t]itle may be acquired by adverse possession only upon 'proof of non-permissive use which is actual, open, notorious, exclusive and adverse...
Definition of Authorized Legal Representative An authorized legal representative is a person who is permitted by law to provide legal assistance to concerning immigration law and procedure. Attorneys licensed in the United States can provide immigration advice so long as they are permitted to...
Under Maryland law and regulation, the Maryland Motor Vehicle Administration (MVA) has the duty to administer the motorist license system and to call motorists in for a "Point System Conference" and send motorists to driver improvement programs or "DIP." More ominously, the MVA can suspend or even...
Boundary Disputes For many years, much of my practice has involved advising clients in neighbor disputes. These disputes have involved boundary issues, trespassing and damage claims, restrictions to views, and blocking of easements. While timber trespass (cutting down a neighbor’s tree) cases can...
FAQ 1 - Should I plead guilty to my traffic ticket? NO. Never plead guilty! I can't begin to tell you how many clients plead guilty to a first speeder and then wind up suspended because they get another one soon after. How your case is handled depends upon WHAT COURT you are to appear before and...
CHILD SUPPORT GUIDELINES Kansas has adopted child support guidelines that the court must follow. The main variables that are considered are each parent's gross monthly income, work-related day care costs, and the cost of providing health insurance for the child. Many other factors may be applicable,...
