Facebook, Twitter, and other social networking tools such as MySpace, Tumblr, and so forth have made interaction on the web much easier. For a while generation of people, the web is a way to interact with friends, family and acquaintances. People can post pictures, make comments, make status updates, comment on each others “walls”.

Often these comments are made long before someone gets in trouble. But when they do get in trouble, police, investigators, and prosecutors will frequently search a for a person’s Facebook, MySpace, Tumblr, or Twitter account in order to determine whether there is any incriminating information posted on the account that can be used either to show that the person is a flight risk, or that the person is involved in criminal activity.

While it’s important to maintain appropriate privacy settings on one of these social networking accounts, it’s even more important not to post things to these websites that suggest criminal activity.

That’s because no matter how “secure” the privacy settings get, such material will be permanently held on the servers and computers of whatever social network site you use. Facebook, for instance, permits you to delete embarrassing material, but experts have shown that such material may not be permanently deleted from Facebook’s internal servers.

In addition, even though you have deleted this material, others may have saved those embarrassing (or worse) photos for use against you.

In addition, in North Carolina there are particular crimes – including Cyberstalking – that can be committed through use of social network services. For instance, if you repeatedly message, harass, or threaten someone through an electronic medium – like texting, emailing, Facebook, or twitter – you may be violating North Carolina’s cyberstalking statute.

Raleigh Lawyer Damon Chetson helps people charged with serious felonies, misdemeanors, and DWI or Driving While Impaired charges in state and federal courts in North Carolina. He fights aggressively for his clients to help them achieve the best results. He can be reached at (919) 352-9411 day or night. Initial consultations are free.

No one likes to pay excessive legal fees, but few clients know the simple steps they can take to reduce attorney fees. This article contains seven strategies that can save you a bundle in attorney fees.

1. Avoid Unscrupulous Attorneys. Most attorneys are dedicated professionals who take great pride in their work and serving the best interests of their clients. Unfortunately, there are some really rotten ones out there that give the legal profession a bad reputation. Before hiring an attorney, learn about their reputation in the legal community. Avoid unscrupulous attorneys who have a reputation for doing unnecessary work, transforming simple legal procedures into complex ordeals, and making every dispute exceptionally acrimonious – all designed to maximize the attorney fees.

2. Understand How Attorneys Charge. Attorneys typically charge clients an hourly rate, flat fee or contingency fee. The type of case will largely determine how the attorney will charge for their services. For example, an attorney representing a personal injury victim in an auto accident case will typically charge a contingency fee (i. e., one-third of the recovery). An attorney representing an individual in a divorce or criminal proceedings may charge a flat fee. A business law attorney will charge a corporate client an hourly fee to negotiate a contractual relationship and draft the agreement.

3. Initial Consultation. The initial consultation is the place to explain your legal problem to the attorney, state your desired outcome, and ask five specific questions that will help reduce attorney fees. First, what is the attorney’s initial assessment of your problem? Second, what steps would the attorney recommend to achieve your desired outcome? Next, how does the attorney charge for representation in your type of case? Fourth, what action can the client take to control the cost of legal services? Finally, if you retain the lawyer, what is the next step in the process?

4. Get A Second Opinion. If you are uncomfortable with one attorney’s assessment of your case or have misgivings about their representation, seek a second opinion. There are many different ways to approach a legal problem. It is important that you establish a comfort zone when you retain an attorney and have confidence in their approach to your legal problem.

5. Understand The Attorney-Client Agreement. The Attorney-Client Agreement is the legal contract that defines the relationship between the attorney and client including a thorough explanation of how the attorney will be compensated and charge for expenses related to your case. For example, if the Agreement states that the attorney will charge an hourly fee, understand that every minute that the attorney spends working on your case (telephone calls, reviewing letters and emails, client meetings, etc.) will later show up on your statement.

6. Review Your Statement. Most attorneys prepare itemized statements that state how the attorney’s time was spent and provides an explanation of the expenses. Be sure to review every statement for accuracy. If you don’t understand a charge, ask for an explanation.

7. Don’t Be Unreasonable. Unreasonable clients should expect to charged accordingly. One of the most important ways for a client to reduce attorney fees is by making informed and reasonable decisions about the management of their case.

Armed with these seven simple strategies, you’ll be in a strong position to level the playing field when you hire an attorney and save a bundle on attorney fees.

Fred Reilly, J.D., LL.M.

Mr. Reilly is licensed to practice law in California, District of Columbia, Florida and as an English Solicitor. He has been admitted to practice before the United States Supreme Court and the United States Court of International Trade. Fred graduated from the London School of Economics and Political Science (LL.M. in International Business Law), Cumberland School of Law at Samford University (J.D. and Associate Editor of The Cumberland Law Review) and Purdue University (B.S. in Management).

Mr. Reilly is the author of the Kindle ebook “Slash Your Attorney Fees” available at Amazon for just $0.99.

To order the ebook “Slash Your Attorney Fee” just click on the Amazon Kindle bookstore link below:

http://www.amazon.com/Slash-Your-Attorney-Fees-ebook/dp/B003UN7W6Y/ref=sr_1_1?ie=UTF8&m=AG56TWVU5XWC2&s=books&qid=1299823357&sr=8-1

A taxpayer with tax trouble has several options at their disposal to settle a disputed tax bill with the IRS. An enrolled agent (EA) admitted to practice before the IRS can assist taxpayers with all matters and appeals before the IRS. Practice before the IRS comprehends all matters connected with a presentation to the IRS relating to a taxpayer’s rights, privileges, or liabilities under laws or regulations administered by the IRS. Enrolled agents are instrumental in helping clients stop IRS collection proceedings and negotiating agreements with the IRS regarding tax debts.

If a taxpayer and the IRS still disagree after the appeals conference, the taxpayer may be entitled to take his case to the United States Tax Court, the United States Court of Federal Claims, or the United States District Court. These courts are independent of the IRS. If a taxpayer unreasonably misuses the IRS’ appeals system, or if the intent of the taxpayer in filing the case is primarily to cause a delay or the taxpayer’s position is frivolous or groundless, the Court may impose a penalty of up to $25,000. The IRS enrolled agent designation does not permit the EA to practice law before the tax court, only a lawyer or individual admitted to practice before the tax court can do that. Therefore, unless duly qualified, enrolled agents may only appear as witnesses in a court case. While there are no formal enrolled agent education requirements, in order to become an enrolled agent a tax practitioner must demonstrate tax expertise by passing the IRS enrolled agent exam (EA exam). An enrolled agent course can assist a prospective EA with exam preparation. An attorney may practice before the tax court by registration, while a non-attorney must pass the rigorous US Tax Court exam. The exam is offered every two years for non-attorneys such as CPAs and Enrolled Agents. Approximately half of all test takers pass the enrolled agent exam while only a select few who sit for the tax court exam are able to pass.

United States Tax Court

The U.S. Tax Court has federal jurisdiction and only hears cases related to tax. A taxpayer cannot take a case to the Tax Court before the IRS sends a notice of deficiency (90-Day Letter). The taxpayer can only appeal a case if he files a petition within 90 days from the date the IRS mails the notice (150 days if the mailing address is outside the United States). Generally, the Tax Court hears cases before any tax has been assessed and paid. A taxpayer can take his case to the United States Tax Court if he disagrees with the IRS over:

1. Income tax,
2. Estate tax,
3. Gift tax, or
4. Certain excise taxes of private foundations, public charities, qualified pension and other retirement plans, or real estate investment trusts.

If the amount of the case is $50,000 or less for any one tax year or period, the taxpayer can request that the Tax Court handle the case under the small tax case procedure. If the Tax Court approves, the taxpayer can present his case to the Tax Court for a decision that is final (cannot appeal).

United States District Courts and U.S. Court of Federal Claims

Generally, the District Court and the Court of Federal Claims hear tax cases only after the taxpayer paid the tax and filed a claim for a credit or refund. The taxpayer can file a claim with the IRS for a credit or refund if he believes the tax paid is incorrect or excessive. If the IRS disallows the claim, the taxpayer should receive a notice of claim disallowance. If the IRS does not act on the claim within 6 months from the date filed, the taxpayer can then file suit for a refund. In general, the taxpayer must file suit for a credit or refund no later than 2 years after the IRS informs him that it has rejected his claim. The taxpayer may file a suit for a credit or refund in U.S. District Court or in the U.S. Court of Federal Claims. However, he cannot appeal to the U.S. Court of Federal Claims if the claim is for credit or refund of a penalty that relates to promoting an abusive tax shelter or to aiding and abetting the understatement of tax liability on someone else’s return.

Appellate Courts

Taxpayers may appeal trial court decisions to a court of appeals, dependent upon what court handled the trial. A taxpayer may appeal a case heard in U.S. Tax Court or U.S. District Court to the U.S. Court of Appeals in the circuit where the taxpayer resides at the time of appeal. A taxpayer who brought his case to the U.S. Court of Federal Claims can appeal to the Court of Appeals for the Federal Circuit. In all cases, the non-prevailing party in the appeal may request that the U.S. Supreme Court hear the case. However, it is doubtful a tax case will go before the U.S. Supreme Court, unless it is one of great significance.

Fast Forward Academy is a leading publisher of IRS enrolled agent course study guides, enrolled agent exam review courses and continuing education for all tax professionals.

Recent legislation passed by the Colorado House of Representatives may require children under the age of 18 to wear a bicycle helmet while riding. The close vote, 33-32, brings the bill one step closer to becoming a law as it heads to the state senate chambers. This comes days after the state’s governor, Bill Ritter, was treated for significant injuries related to a bicycle crash.

Proposed by Fort Collins Democratic Rep. John Kefalas, House Bill 1147 in voted into law, would make Colorado the 23 state, including the District of Columbia, to require youth bicycle riders to wear a helmet. Close to 200 local laws, also exist as an attempt to curb the number of bicycle-related injuries that occur annually.

Helmet Laws Reduce Medical Costs

The Child Safety Network reports that close to 200 children under the age of 15 die each year from a bicycle-related injury. Each year, close to 9,000 children are hospitalized and 344,000 additional children are treated in emergency rooms for injuries sustained from a bicycle accident. Because bicycle helmets can prevent 52 to 60 percent of bike-related traumatic head injury deaths, 68 to 85 percent of nonfatal head and scalp injuries and 65 percent of upper and middle face injuries, helmet laws are anticipated to drastically reduce total medical costs nationwide for bike-related injuries, especially those involving a traumatic brain injury.

A traumatic brain injury that is sustained during a bicycle accident carries heavy financial burdens. These type of injuries can result in costly medical bills, reduce future earnings due to permanent disability and impact overall quality of life costs. The CSN estimates that “if 85 percent of all child cyclists wore helmets in 1 year, the lifetime medical cost savings would total $197 to $256 million.

The Colorado government is estimated to save $110 per year in medical costs for each helmet that is worn – a figure that could result in $1 million a month in savings.

Traumatic Brain Injuries and Children
According to the United States Center for Disease Control, the following statistics reveal the number of children age 0 to 14 who fall victim to a traumatic brain injury:

* 2,685 deaths
* 37,000 hospitalizations
* 435,000 emergency department visits annually

Preventative measures to reduce the number of brain injuries that occur each year would be fiscally beneficial and would help improve the quality of life for active children – ensuring their safety during the activities they love. Preventative measures are anticipated to reduce the number of traumatic brain injury lawsuits filed by those seeking monetary compensation.

Developing a potential brain injury case can be time consuming and difficult, which is why consulting with an experienced lawyer can help individuals receive appropriate compensation. Visit LegalView.info to learn more or to get information about filing a potential Avandia lawsuit.

We’ve all heard of the term parking on pavement but so few of us actually know what the true definition is. The only frame of reference most people have is when they are offered this conspicuous charge when faced with a speeding ticket or some other moving violation. Section 1201 of the New York State Vehicle and Traffic Law defines Parking on pavement as the following:

Stopping, standing, or parking outside of business or residence districts. (a) Upon any highway outside of a business or residence district no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park, or so leave such vehicle off such part of said highway, but in every event anunobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicles shall be available from a distance of two hundred feet in each direction upon such highway.

A typical example would be pulling your car off to the side of the Northway or other major highway and leaving it there to go sight-seeing.

A 1201(a) is the charge that most people wish to plead to when they receive a traffic ticket, especially when they are facing a charge that involves numerous points to their otherwise “spotless” drivers license.

A charge of parking on pavement is equivalent to a traditional parking ticket, such as parking on the wrong side of the street. The penalty comes with a fine and does not add any points to ones license. Another reason why this charge is so popular to plead to is because this violation does not appear on an individual’s driving record. Hence, when authorities look at person’s drivers abstract, which is basically a “rap sheet” of their driving history, nothing will appear pertaining to the charge.

Typically if a person has a clean driving record and the charge pending is not too extreme, an attorney can often negotiate a plea to parking on pavement. Some courts will offer a 1201(a), second offense if a driver has some recent infractions on their license or if the charge is a bit more severe. Parking on payment, second offense comes with a larger fine amount. It is still considered a non-moving violation and carries no points.

So if anyone has ever received a traffic ticket for speeding or some other moving violation and ultimately pled to a lesser charge, chances are “You parked on pavement.”

Marty Carbone is an attorney practicing out of the Albany, New York area. Mr. Carbone deals in vehicle & traffic law, Real Estate, trusts & estates, matrimonial and all Family court matters.

Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law

http://www.carbonelawgroup.com

When you are completely broke and looking to file for bankruptcy, the thought of shelling out the money for a bankruptcy lawyer seems impossible. There are ways you can pay for these services without dipping too far into your already drained resources.

Filing for bankruptcy often feels like a catch-22. While you need legal representation to make the process go smoothly, you have no money left or you wouldn’t be filing. Finding the financial resources to hire a bankruptcy lawyer may feel impossible. These tips will help you understand how you can afford to hire an attorney to help with the process.

If you are filing Chapter 13, you can add your attorney to your repayment plan. This way you are not paying anything upfront for the services, but rather pay as you work on your debt situation through the protection offered by the courts.

If you are filing Chapter 7, you may be able to stop paying some types of debts, like your credit cards, and use that money to pay your attorney. A qualified attorney can help you find the debts that are safe for you to stop paying.

Another way to afford the services of a bankruptcy lawyer is to find one who is willing to take your case at a reduced rate or even pro bono. If you have extenuating circumstances, such as a situation where you have fallen victim to predatory lending practices or if you live below the poverty level, finding an attorney willing to help is quite possible. However, you may want to get a referral through a debt help or other non-profit organization, rather than asking the attorney directly for free services.

Some attorneys will offer partial help on bankruptcies. For instance, they will offer some advice prior to filing, or they will look over your forms for you. This can cost just a few hundred dollars, rather than the thousands that you pay if you hire the attorney for the whole process. Not all attorneys are willing to offer their limited services in this way, but if you can find one who will, you will have an easier time paying for the services.

There are alternatives to hiring a bankruptcy lawyer, but use these with caution. In some areas, the local court will have a pro se desk. This desk is allowed to provide legal advice to those filling on their own as they arrange their documentation. Once you file, however, they can no longer provide advice. Another option is to hire a document preparation company. These companies cannot provide any legal advice, so the likelihood of you making a mistake is still quite high. The price is also quite high, usually a couple hundred dollars for basically a typing service.

Hiring an attorney is always the best option. If all else fails, ask your attorney if he or she will be willing to arrange a payment schedule. Once you are out from under the oppression of your debts, you might find that you have a little extra money that you could pay towards your legal fees. The likelihood of being freed of your debts is much stronger if you enlist the help of a bankruptcy lawyer, so ask about whether or not a payment plan is a possibility.

An Oakland bankruptcy lawyer can help you if you are having a tough time financially. To learn more please see the following: http://www.yhllp.com/

If you are under investigation or if you have been arrested for any criminal homicide charge, you need to retain the services of an experienced criminal defense attorney who is knowledgeable in Colorado law immediately. It is essential that you politely exercise your legal right to remain silent by refusing to answer any questions posed to you by law enforcement without your attorney present. If you are a person of interest in a criminal investigation you might very well be a suspect.

Criminal charges as serious as first degree murder will require an extremely skilled and effective defense. Your attorney may need to employ the help of expert witnesses that are trained in DNA evidence, blood spatter, ballistics medical science or psychology.

How is first degree murder set apart from other forms of criminal homicide? First off, it is considered the most heinous form of murder and is therefore punished as such. First degree includes the elements of deliberation, premeditating and malice aforethought. In other words, first degree murder is the kind where somebody makes the conscious decision to murder another human being and then takes necessary steps to carry out that plan. First degree murder does not happen by accident.

If you are convicted of first degree murder in Colorado you are typically facing one of two sentences: One, life without the possibility of parole and two, the death penalty. In most cases a person who is convicted of first degree murder will be sentenced to life without parole, but there is no guarantee.

In Colorado a person can be convicted of first degree murder for extremely cruel, heinous and depraved acts. First degree murder can involve any acts where the person was lying in wait to kill their victim; for example, hiding in a closet or in the backseat of a car. Or, they can be convicted of first degree murder for killing a police officer, firefighter, federal agent, judge, juror or other government employee.

The suspect can be convicted if they intentionally killed a pregnant woman, knowing that she was pregnant or if they committed the killing because of a prejudice against the person’s race, color, ancestry, religion or national origin.

There are a number of circumstances that can lead to a first degree murder conviction above and beyond the ones aforementioned. If you are under investigation or if you have already been arrested for a criminal homicide charge a private Denver criminal defense lawyer will give you the best chances to overcome the charges against you. Your future and your life are extremely important and they should not be compromised by hiring a weak or inexperienced defense attorney.

The Law Offices of Jeffrey P. Matthews, P.C. puts its 28 years of experience to work for their clients of Denver, Colorado. As a former senior deputy district attorney, Mr. Matthews has an advantage over the competition because he knows exactly how the opposition thinks and acts. He then uses this knowledge to reduce the prosecution’s case against his clients, piece by piece. When you are facing years behind bars, you need someone with years of experience under their belt. If you should go with their firm, you will benefit from their successful track record as they put their tools to work for you. You must take immediate action to preserve your legal rights, contact a Denver criminal defense attorney from their firm at (866) 814-5455.

Elder financial abuse has existed for as long as elders have owned property and money. This article will discuss seven key elements to identify and combat elder financial abuse, and to recover what was wrongfully taken.

Key # 1: Age

In California, an “elder” is defined as someone 65 years of age or older. Age is an important factor because an “elder” is entitled to the remedies provided under the Elder Abuse and Dependent Adult Civil Protection Act, known as “EADACPA”.

Key # 2: Mental Capacity

Probate Code 811 provides a list of mental categories that a psychologist or medical doctor can use to assess an elder’s mental capacity. When you read this statute, you might think that you’d need a Master’s Degree in order to pass this “test”. It covers such assessments as logical thinking, analytical ability, and memory. However, a poor score in any one category does not warrant a determination that the elder lacks sufficient mental capacity.

In elder financial abuse cases, the mental capacity assessment must be focused in the context of a particular transaction, and the conclusion will be whether or not the elder possessed mental capacity at the time of the transaction.

For example, the question may be whether an elder had the mental capacity to sign a grant deed that transferred title of a home to a caregiver. In performing the mental capacity evaluation, the psychologist or psychiatrist will make this determination based upon the elder’s performance when the assessment is given.

The bottom line purpose of the test: At the time the elder signed the Grant Deed, did s/he have the mental capacity to understand that title to the home was being transferred to the caregiver?

This can be a challenging task for the evaluator, particularly when the Grant Deed was signed three years or more prior to the mental evaluation. It then becomes a forensic evaluation, and the mental capacity issue may have to be determined by a review of the elder’s medical and/or psychological records during the months leading up to the date the Grant Deed was signed. Sometimes, no such records exist and the evidence of mental incapacity must be obtained from other sources.

Key # 3: Identifying Elder Financial Abuse — Undue Influence

First of all, not all “influence” is undue. A wife of 40 years certainly “influences” her husband, and vice versa. There is nothing inherently wrong with this type of influence.

The type of influence that is “undue” takes place when one person takes advantage of another’s weaker state of mind. There are statutes and numerous cases that provide both definitions and factual backgrounds to illustrate various scenarios when such undue influence was used to manipulate and coerce an elder into unknowingly parting with their property and money.

Key # 4: Combating Elder Financial Abuse — EADACPA

The EADACPA statutes, under the Welfare & Institutions Code, provide nearly every remedy under the sun. Interestingly, EADACPA was enacted to provide an incentive for lawyers to take on elder abuse cases. Before EADACPA, attorneys were reluctant to accept such cases because their clients were often of ill-health and would sometimes die before their case went to trial. The right to recover “general damages” for pain and suffering would also die. A lawyer may have worked hundreds of hours on the case, and then “lose” because his client passed away before trial.

However, under EADACPA, the case continues even if the elder passes away during litigation. The elder’s family (successor in interest) is entitled to post-mortem recovery for pain and suffering, along with all other remedies allowed. Now, attorneys are more likely to accept such cases and devote the time and energy needed to litigate.

To prove an EADACPA claim, it must be shown by “clear and convincing” evidence that the defendant’s acts were done with “malice, oppression, fraud or recklessness”. This is a much higher burden of proof than the standard of a “preponderance of the evidence” that is required in most other civil cases.

However, a successful EADACPA claim will allow recovery of special damages, general damages, punitive damages, attorney fees and costs, as well as the potential for “enhanced remedies”.

Key 5: Common types of elder financial abuse

Elder abuse occurs in a myriad of ways. Somewhat ironically, the majority of perpetrators are the ones to whom the elder often devoted his/her life to: their children.

Financial powers of attorney are a classic form of financial abuse. Given this document, the “agent” can perform any financial transaction that the elder could, including mortgaging or selling the home and withdrawing money from bank accounts. Placed into the wrong hands, this document can become a “license to steal”.

Often, the elder signed the power of attorney many years ago and has forgotten all about it. Or, the bad son or daughter simply tricks their aging parent into signing.

A typical scenario involves a son or daughter who uses manipulation and trickery to have title to the elder’s home transferred. Often the home is owned outright, and the perpetrator can easily obtain an equity line of credit or other type of loan.

Unfortunately, these loans are often defaulted on for non-payment, leaving the elder to face eviction proceedings — totally unaware of how they became a victim.

Key # 6: Civil and Criminal Litigation

Fortunately, there are remedies available. Many of these cases are both civil and criminal in nature.

Penal Code Section 368 is very similar to the EADACPA statute, and can be prosecuted by the District Attorney’s Office — if they have the resources and personnel. California mandates that each county have an elder abuse prosecution unit; however, some counties lack sufficient funds and can spare only one deputy district attorney to handle all of the cases. They are often overwhelmed and unable to promptly respond.

Civilly, these cases can be brought under the EDACPA statues. If the client is 70+ years old, then a motion for preferential setting can be brought that requests a quick trial date. If granted, then a trial must take place within 120 days.

Key # 7: Recovery of property & money

Acting quickly is critical. Action must be taken immediately to stop the perpetrator from stealing any more property or money.

If title to a home has been transferred, then a Notice of Pending Real Property Claim (lis pendens) must be recorded with the County Recorder’s Office where the real property is located. Remember, this is a notice of a “pending claim”. The “pending claim” is the civil lawsuit that has been filed with the Court. There must be a pending court case (challenging ownership to the property) before a lis pendens can be recorded.

If the bad guy is making withdrawals from bank accounts, then the bank must immediately be notified. Remember: all bank employees are now “mandated reporters” and must alert law enforcement when elder financial abuse is reasonably suspected.

Understanding these seven key elements will assist elders, their family and loved ones to prevent financial abuse and to take quick action to recover property and money when such abuse has already occurred.

Attorney George F. Dickerman offers 7 essential keys to identifying, attacking and remedying elder financial abuse. To receive your free newsletter that offers additional assistance, visit: http://www.elder-law-advocate.com/financial-abuse/economic-woes-threaten-the-elderly/financial-abuse-manipulation

The Social Security Administration or the SSA always makes sure that every applicant’s claim for benefits are correctly reviewed and evaluated based on the applicant’s provided medical information and other criteria. After careful assessment of an applicant’s eligibility for SSA benefits, the government agency gives the applicant a letter of notice containing their decision, which is either an “approved” or a “denied” answer. Sometimes, the decision can be a negative one.

There are a lot of reasons why the SSA denies an applicant’s claim. One major reason is because of the applicant’s inadequate medical information to determine his eligibility of a certain claim. While this is true, the applicant may believe that the provided information is correct and enough to match the SSA’s criteria on e.g. disability. The applicant, however, can have the denied decision reversed through a set of appeals.

There are four stages for appealing a denied claim for SSA benefits. The first stage of appeal is the reconsideration stage. The applicant, upon receiving the letter of notice, must have sixty (or sixty-five) days to submit important SSA forms and new medical results relevant for reconsidering the claim. An SSA representative who did not take part in the initial denied claim will review the reconsideration, as well as the original claim containing the initial pieces of medical evidence.

The next stage of appeal is the hearing stage. If the applicant disagrees with the reconsideration, he can ask for a hearing to be administered by a neutral administrative law judge (ALJ). The hearing could be done either in person or through video conference, depending on the situation. Before the hearing could start, the applicant must provide more evidence to support the claim to receive benefits and to also carry along important witnesses for further questioning by the ALJ.

The next one is Appeals Council. If the applicant opposes the ALJ’s decision, he can ask for an Appeals Council headed by the SSA. In this stage, the Council may either refuse to review the request or handle it. The Council may make the decision or have the request returned the ALJ for further evaluation. This Council will go underway even if the applicant is not present. Any results are sent through a letter of notice.

If the Appeal’s Council refuses to review the case or decides to deny the request, the applicant may file a lawsuit at a federal district court. The applicant can file a lawsuit with the help from a social security attorney from any of the reputable Santa Monica law firms.

Ashley is an online writer. She spends so much time in internet surfing and reading about legal/law matters. She is an advocate of rights and dedicated on writing Santa Monica Law Firms and Disability benefits attorney articles to date.

• Coping with Your Lawyer:

The single most important question you can ask yourself after being interviewed by a lawyer is, “Can I talk to him like a brother?” “When it comes to me opening up my life to someone, would it be him?” Of course, you need to find out how many cases he has handled and what his background is. If he does divorces and injury cases along with an occasional criminal case, you should keep looking. You need a lawyer who has been dedicated to representing criminal defendants in tough cases over a long period of time. What is he saying to you about your case and your defense?

Do a Google search and read the websites of 10 to 20 attorneys in your area. Don’t be fooled by their sales pitch. Narrow your selection down based on his credentials and the cases he has won. If he is a speaker or author in the field of criminal defense or if he is active in the Criminal Defense Lawyers Bar Association you can feel more confident. Does he claim that if you pay $20,000 you will definitely get off? Beware! The Bar doesn’t permit lawyers to give any guaranties. If he guaranties anything, move on to an ethical lawyer. Know this: a lawyer who is careful to say and do things that are legal and moral and ethical and professional has the best chance of winning your case for you.

Selecting a lawyer is an important task for you early on in your case. As soon as you can after your arrest, talk to your family about hiring a good lawyer who concentrates his practice on defending people who have been charged with crimes. That lawyer must have solid experience in trial and in being a good negotiator. Once you select your lawyer, you will be asked to read and sign a retainer agreement. Don’t proceed without a written agreement. Read it thoroughly before you sign it. Ask questions so you understand all of the terms. Keep a copy for yourself and open a file to keep all of your important case documents.

Your lawyer will work immediately on a bond hearing if you need one. To be successful, he must be a good negotiator and know the law. Your lawyer will also start investigating the facts with a private investigator. He will get all available documents and evidence and determine who the witnesses are. He will obtain statements or take depositions of witnesses. While he is working for you, he is also working for many other clients. Give him time and give him space. Remember to tell him everything you know about your case and the people, places and things involved.

Take the time to start a journal or notebook on your case. Write down everything you can remember about the day of the incident and the arrest. Fill the pages with names, facts, thoughts and ideas about your case. When you complete it give it to your lawyer. This will be very helpful to the lawyer and investigator. It will be a huge benefit for deposition preparation and for your trial.

• Coping with Your Family:

Your family may be angry with you having been arrested and charged with a crime. They may treat you differently. Perhaps they didn’t know how you were living, who your friends were or where you were going on your time out of the house. Keep in mind that your family wants you to succeed. Other people out there couldn’t care less about you. But your family loves you and wants you to do well. No one is closer to you than your family. Your current circumstances have caused a strain in this relationship. But with their love and your desire to make things better, your whole family will be drawn closer together. You need a good team in your corner to get through this tough time of your life.

It is ultimately your constitutional rights that are at stake here. Whether or not you go to trial is your decision to make. Whether or not you testify at trial is your decision to make. All of your rights under the Sixth Amendment to the Constitution of the United States are yours alone to decide upon. However, your family is very important to your success at all of the trial stages. They will keep you connected and supported. Don’t get so angry at yourself that you refuse to talk about these things with your family.

Select one family member who is the most level-headed. Let him or her be the spokesperson with your lawyer if you are finding it difficult to communicate regarding your retainer agreement, attorney fees and expenses. If you need their help, use them effectively. Just remember this: never talk to them about the evidence, the charges or the investigation. You don’t need them to know things that might make them a witness for the State. This is your case and you need to make the key decisions, but working together in this way can bring strength to the defense.

• Coping with Your Friends:

Friends come and friends go. Most of these, however, are really just acquaintances. These people will simply fall into the background as your case progresses. These “friends” may have done or said things that caused your arrest. In some cases, friends become co-defendants. If so they may try to influence you in order to help their case. They might tell you to lie for them or they might even testify against you.

During the pretrial process and the jury trial, your lawyer and the entire Defense Team are the primary social group and network that you are involved with. Support them, encourage them, and be accountable and responsible to them.

Determine what to do with your life. Figure out what you want to do and where you want to go in life. It is a time for soul searching. It’s time to take control of your life and stop letting situations control you. Prioritize! What is it that really matters most to you?

When your life gets on track again after your case is over, you may look back at it and realize that this was a worthwhile, life-changing experience. You will change. You just might embrace the American Dream and apply its promise of success to your own life. Do you know what the American Dream is? Every person from whatever prior circumstances who sets goals and then works hard to achieve them can become whatever they want to be. The American Dream lives within you. When you find your dream and passionately pursue it, the American Dream will work for you, too.

For more helpful information on success strategies for a person charged with a crime, contact

Ira Still, Esquire
Web: http://www.istilldefendliberty.com
Info Blog: http://istilldefendliberty.blogspot.com

Ira Still has been a criminal defense trial lawyer in Florida for over 30 years. He successfully represents his clients on all crimes and in all courts. Ira has had many, many jury trials and is well known in Miami and Ft. Lauderdale as a very successful trial and appellate lawyer. He has argued death penalty collateral appeals in the Florida Supreme Court and in various District Courts of Appeal. Ira has tried high profile cases such as police shooting a person and persons charged with shooting police; capital murder and capital sexual battery; violent crimes; drug trafficking; and virtually every other criminal charge. Ira Still is also an author, speaker, teacher, mentor and coach.

(c) 2009. The Law Offices of Ira Still