Welcome to legal advice


Sunday, September 7, 2008

 

Internet Business Scams - How to Avoid Getting Scammed When Looking For a Make Money Opportunity

When looking to join a home base internet business online how can you be sure that which opportunities are scams and which are legitimate. Scams are scattered all over the internet and exceed the number of genuine business many times over, but how can you distinguish and what to look out for before joining a business? In this article, I will show you some points you should know before you incorporate with a home base internet business opportunity.

Beware of the hype and fake testimonials of a business website which purpose is only to get you to buy their product or service in order to make money out of you. Look for the negative point of a business, a genuine business should has a few 'con' but should not exceed the 'pro', nothing is perfect in this world. If a sales page is full of hype and positive elements, probably the owner is making an outrageous claim which makes the opportunity look like a fraud.

Do not trust those testimonials on the sales page. Many are positive feed backs but I have never seen a negative one. Do not accept them unless you can get the references from the customers who have purchased the opportunity product. Contact them to verify their testimonials. You should consider this before you decide to purchase any business opportunity.

Try to search for the business representative or owner's customer support email apart from questioning about the business they are offering. The quality and honesty of response can give you a clue about the company or product. If a representative is unwilling to give you any respond or being denies which will raise more questions, I suggest you to stay away from them and look for a more supportive mentoring.

Above mentioned methods are the best ways to scrutinize your business provider in order to stay clear and never get conned on the internet ever again. Make a wise choice and never jump in to a business venture before you do your homework by investigating the company in more detail.

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Family Law Attorney

In any modification of child support there must be a judge to approve and legally enforce the order. The custodial and non custodial parent cannot legalize any agreement when modification for child support is involved without any judge. In any change of agreement the court must be requested to hold a hearing in which each of the party can argue the pros and cons of the proposed modification. In such hearing, both parties need to be represented by their lawyers like the Detroit family law attorney. In general, the court will not modify any existing order unless the parent proposing the modification without showing any changed circumstances. This rule encourages stability of arrangement and helps prevent the court from becoming overburdened with frequent and repetitive requests.

This means that there must always be a Detroit family law attorney in settling modification of child support. The custodial and the non custodial parent must learn how to respect the decisions of the judge or the law that is enforcing this rule. Modification maybe treated as temporary or permanent depending upon the changed circumstances to be submitted by the custodial parent. A child's medical emergency and the payer's temporary inability to pay, like for instance, because of illness or an additional financial burden such as a medical emergency or job loss or temporary economic or medical hardship on the part of the recipient parent are some of the circumstances that can be modified as and treated as temporary.

When the parties involved seek the assistance of a judge through their Detroit family law attorney in determining the child support, the non custodial parent can submit some changed circumstances that can be considered as permanent modification and will he or she can avoid some future problems that might come out. Some of these circumstances include situations such as if either of the parents receives additional income from their remarriage, changes in child support laws, and job change of either parent or change in the needs of the child. All these can be taken into consideration to modify permanently the child support of the child. A permanent modification of a child support order will remain in effect until support is no longer required or the order is modified at a later time, or again, because of some changed circumstances.

In settling disputes regarding child support modification either permanent or temporary there is always a need of a Detroit family law attorney to approve and enforce any agreement that will take place between the custodial and non custodial parent or to any parties involved in that agreement. Without approval of a judge this will be null and void and may cause future problems for both parties that may affect the children involve.

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Free and Paid Background Checks For Your Business

You will find many companies online that offer free background checks on their websites. Background checks used for employment reasons often require accurate data. Free background checks are possible, but you should consider using a quality criminal background check company that requires a nominal fee. This is because the free background check companies often do not verify data that they have collected.

With a paid service the SSN (Social Security Number) is verified and can reveal more complete and accurate background check information about an individual. When using a service that compares both the SSN number and the driver license number of the issuing state for performing the background check for pre-employment screening or criminal background checks of any type you can be rest assured that the data collected is more accurate. Free background check companies often do not compare or verify data in this manner so the information can often contain flaws. When using the background check for employment when reviewing a new potential employee this could prevent you from hiring someone that would be an asset to your company. Just because the data was inaccurate you lose a person that may have been employee of the year one day.

You could use Google's search on the name of the individual first to assess a possible need for the background check. However looking up John Smith is obviously going to lead to more results then you care to sift through. To save time and money, because time is money...It is in a company's best interest to both perform a free and paid background check. This only takes a matter of a few minutes and will save money in the long run just because you will know you have hired the right person for the job.

When your company is in an industry where trade secrets are of great importance then your should definitely consider having a background check completed. You can learn valuable information like job history, criminal records, bankruptcy, etc. So the best advice is to do both a free background check and a paid background check to achieve the highest accuracy on the information you need to make the correct decision.

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Should You Consider Settling My Family Law Matter Or Force it to a Hearing on the Merits?

Whether you are in the middle of a Rhode Island Divorce with a lawyer that you believe is serving your interests well, or you simply have a post-divorce judgment issue that you cannot agree upon with your ex-spouse or the mother of your child(ren), I urge you to consider mediation.

In the Rhode Island family court system when you enter the doors of the courtroom if you do not have an agreement worked out with your spouse then I can tell you four (4) things with a reasonable degree of certainty.

1) You have lost.

2) Your spouse has lost.

3) Your child has lost.

4) Any paid attorneys in the case have won.

Sadly, people have this idea that they will go into court and blow their spouse or their spouse's attorney out of the water. If it's not their spouse or ex-spouse then it's some poor child's parent.

Let me emphasize this. When you walk into family court without an agreement written in stone then you have all lost. The only one who has won is the attorney who has been paid for his or her services.

Citizens of Rhode Island and those who go before the Rhode Island Family Courts need to realize this fundamental precept and they need to stop grinding the axe with the opposing party and think about the practical consequences of what they are doing. Drop the emotional baggage! Leave your anger at the door, focus on the true issue and resolve it before you even enter the courthouse doors.

Stop grinding the axe with your former significant other and if you can't reach an agreement go to a good mediator who will take you through the practicalities of the family court system and help you reach an amicable agreement that each of you can live with.

As Rhode Island Family Court Justice Howard I. Lipsey has wisely told many Rhode Island divorce lawyers and their families in the past.


"I can sit up here and decide this matter for you. I don't mind doing it. If you can't put aside your differences and do it yourselves I'll decide what happens to your house, your cars, your family possessions, your assets, your debts, where your children are going to live, and go to school and so on . . . because that's what I'm here to do."

"But let me tell you . . . any decision you two can come to an agreement on is going to be better than anything I come up with. If this matter has to go to a full hearing on the merits and I have to decide this then you are both going to walk away unhappy. Trust me when I tell you, any agreement you come up with is going to be better than any ruling I make about your lives."


A word to the wise . . . stop grinding the axe and mediate your issues. Do whatever is needed to reach compromise without being clouded by emotion. Your life, Your Rhode Island Divorce and your family will be the better for it no matter what the matter you have before the court is.

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Deferred Prosecutions in Washington State

Deferred Prosecutions

Everyone knows that if you are facing a criminal charge, you can either plead guilty or go to trial. With a Driving Under the Influence charge in Washington State, there is another option: A Deferred Prosecution.

A Deferred Prosecution is a contract, nothing more. By entering into the contract, you are agreeing to do five things. If you do the five things then at the end of the contract, your criminal case is dismissed. While you are under the contract, you have not been convicted of the crime, which means: no jail time and no driver's license suspension. This is a contract that you can only do once in your lifetime. The five things are required by statute; that means that a Judge must include all five in the contract.

Now the five things:

First, you must get an alcohol evaluation and the evaluation must say that you are an alcoholic - which means you will have two years of alcohol classes. A lesser evaluation will disqualify you from being granted a Deferred Prosecution.

Second, probation for five years. There are two kinds of probation: Active and Inactive. Active probation means that you will likely have a Probation Officer that you will have to report to (at least once) who will act as the enforcement arm of the court; making sure that you do the five things you're supposed to under the contract. There is generally a fee for active probation. Although Courts vary across the State as to how much, it's generally around $50 per month.

Inactive probation is where you no longer have a Probation Officer and your only requirement is good behavior, i.e. don't get accused of any new criminal activity. Inactive probation generally has neither a monthly fee nor a probation officer, but can have a fee for periodic "record checks" to make sure there are no new criminal law violations.

Third, good behavior for five years. This requirement means you can have no new criminal law violations. This does not include (generally) speeding tickets or parking tickets - but anything that places you at risk for jail time will probably violate this requirement.

Fourth, go to a Victims Impact Panel. The VIP is a class where you listen to family members of people who have been killed by drunk drivers. It can vary in length but is typically two hours long.

Fifth, have an Ignition Interlock Device installed in any vehicle you drive. Although there is pending legislation that would allow you to drive an employer's vehicle without an IID, at the time of this writing it has not been passed into law.

When does a Deferred Prosecution make sense?

There are two times when going through a Deferred Prosecution makes sense: First, if you have had a prior DUI within the last seven years; and Second, if you are accused of other crimes that happened within one week of the DUI charge.

As you can see by looking at the mandatory minimum sentencing requirements (See DUI Penalties), a second DUI within a seven year period carries a significant amount of jail time, e.g. with a high BAC level you would be required to get 45 days of jail followed by 90 days of home detention and a driver's license loss of 900 days (almost three years). A judge could impose more jail time, but not less. Most people cannot financially survive this type of sentence.

If you are accused of multiple crimes, including DUI, then a Deferred Prosecution can make sense- even for a first time DUI. For example, if you were accused of DUI, Reckless Driving, Possession of Marijuana, etc then the potential penalties could make the Deferred worthwhile since we could include those other crimes within the Deferred Prosecution contract.

Should I go through a Deferred Prosecution on my first DUI?

In most cases it does not make sense to use a Deferred Prosecution on a first DUI charge. There are three reasons for this.

First, the penalties for your first DUI are financially survivable. The highest mandatory minimum is two days in jail. See the DUI Penalties above. While this won't be fun, it will most likely not cause you to lose your job.

Second, entering into a Deferred Prosecution counts as a prior for sentencing on any subsequent DUI convictions. If you are like most of the clients I have met with over the years, right now you're thinking that you will never get another DUI as long as you live; but did you plan on getting this one? In most cases, it is better to save your Deferred Prosecution (since you can only do it once per lifetime) for a second DUI charge that you hope never comes. Think of it as an insurance policy that you hope you never need.

Third, a Deferred Prosecution is a real opportunity for someone with a significant alcohol or drug problem because it can delete the jail time and license suspension associated with a DUI conviction. However, some people are tempted to sign up for a Deferred without fully realizing that the Deferred will require two years of alcohol classes.

People run into problems in two ways:

1) A non-alcoholic defendant tempted by the good parts of a Deferred will resent having to go to the two years of alcohol classes. When the choice is presented to "blow off" one of the classes, they may since they didn't really need the classes anyway. However, once you start missing classes, you can get expelled - which means you are now in violation of your Deferred Prosecution's requirement for treatment.

2) If you are really an alcoholic, you need to face the possibility that you may relapse and get a second DUI. If that happens, a Deferred Prosecution can really save the day.

What should I watch out for with a Deferred Prosecution?

The most common problem encountered with a Deferred Prosecution is running out of money. The cost of treatment varies, but is always expensive. Some health insurance companies will cover the expense - so check with yours. There can be government help for people addicted to alcohol or drugs.

Once the Judge signs the Order for Deferred Prosecution, you will be bound by the contract's terms. This means that even if the sole reason for getting kicked out of treatment is lack of financial ability to pay for it, you will still be in breach of the contract.

The way to avoid this problem is to look at the costs involved before you enter into the Deferred Prosecution.

What happens if I don't comply with the contract?

If there is an allegation that you have breached one (or more) of the five requirements, the Court will schedule a hearing to determine what action to take. If you get convicted of a new DUI, the Court will have no choice but to revoke the Deferred Prosecution. An Attorney may not be able to stop the Court from revoking your Deferred but may be able to help with the sentence you receive. If you breach your contract in some other way, the Court will have discretion on what action to take. If this happens, call an attorney immediately. They can help you come up with a plan to save your Deferred Prosecution.

If the Court revokes your Deferred Prosecution, then the Judge will read the police reports submitted when you first entered the Deferred and probably find you guilty. There will be no jury trial and no witnesses. The Court will make its decision solely based on the police reports. In other words, if you breach the contract you will be found guilty of the underlying DUI. This means that the mandatory minimum probation times and driver's license loss will start. It also means that the Court will determine the amount of fines and jail time to be imposed.

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