Ian_Grubbs Archive

A Spouse Scorned: Adultery and Fault Divorce in New Mexico

Adultery IllustrationCheating or adultery, most especially in marriages is immensely emotional and painful. Although some couples find peace and resolve the issue, others consider adultery as a deal breaker. If you find out that your spouse has been philandering with another man or woman and is considering a divorce, you would be glad to know that New Mexico divorce law considers adultery a justifiable ground.

Effects of Adultery

If you’re filing for divorce because of your spouses’ philandering ways, you must prove it in court and demonstrate that it resulted in the dissolution of your marriage. Adultery means that your spouse had consensual sexual intercourse with another individual than you (their spouse).

Proving Adultery

When proving adultery, divorce lawyers in Albuquerque say that you need to provide a concrete and undeniable evidence of your spouse’s escapades. Luckily for you, there are many ways to go about this: eyewitnesses, photos, video and audio recordings, reports from a private investigator, text messages, e-mails, receipts, and even social media posts.

Claiming adultery against your spouse, on the other hand, won’t have the effect you’re looking for during court proceedings because judges don’t like to nitpick intimate details. This means that crying and becoming overly emotional might not help that much, so focus on the facts and evidence at hand.

Adultery and Child Custody

If your spouse’s cheating ways are having a detrimental impact on your child, it could affect your child custody arrangements. You have to show a direct link between the cheating of your spouse and why they can’t be awarded custody. For example, if giving custody to your spouse would place your child in an unhealthy environment or an environment that could potentially cause mental or physical injury.

In terms of alimony and property division, however, the court would examine many factors, but adultery isn’t one of them.

Whether it’s the embarrassment, cost, or hassle, many couples resort to no-fault divorce, even with allegations of adultery. Think many times before filing to make sure that you’re making the best choice not only for you, but for your whole family.

Not So Fast: When a Person’s Bail Bonds Are Revoked

A gavel, a pair of open handcuffs, and a stack of bills on a table Bail bonds allow a defendant to carry on with their normal life while awaiting the outcome of their trial. Every individual should be mindful of their actions, however, since there is no such thing as absolute freedom when out on bail. To take full advantage of Wake County bail bonds, a defendant should follow the terms of their release to avoid having their bail revoked.

Bond Revoking Happens as a Result of Risky Personal Conduct

By law, a bail agent takes responsibility of a defendant and becomes a defendant’s jailer. In some cases then, it is possible for a bail bond company to revoke the bond of an individual. While every state has its own regulations when it comes to bond revocation and turning in defendants, it often happens as a result of a failure of a person to fulfill their responsibilities as ordered by the court. Additionally, courts could also revoke the decision when a defendant does not adhere to prescribed bail terms.

Bail Agents Cannot Revoke Bail out of Non-Payment

While bail could mistakenly be revoked due to a failure to pay the total bail fee, a bail bond company cannot revoke bail for that reason alone. They may resort to legal means to collect the debt, but a company cannot punish the defendant by returning them to jail. Even if there are suspicions that a defendant may not show up at court, it does not give a company the right to revoke the posted bail.

Bail Revocation Can Be Costly

During instances of bail revocation, the defendant winds back in jail and the bail money is forfeited. Should a person seek release through a bail bond again, it would require a new bail contract and fee, which could be prohibitive the second time around.

The best way a bond could work out well for both parties would be for a defendant to understand the terms set forth by the court as this is the easiest path towards their release. It is a low price to pay for having to remain in jail for the duration of one’s trial, after all.

What House Bill 63 Would Mean for Immigrants

gavel
House Bill 63 may make it more difficult for undocumented immigrants to live in the country. A provision on detention denies bail to undocumented immigrants accused of drug-related and driving offenses, among others. Authorities may also detain illegal immigrants accused of misdemeanor crimes if and when federal agents request local jails to keep them behind bars for 48 hours.

The Dangers of House Bill 63

While lawmakers intend to use the bill to protect communities, some argue that the proposed legislation’s provision on bail may lead to overcrowding in detention centers. Overcrowding is already a big problem in the state; one way of decongesting jails is through bail bonds in Charlotte, NC.

The bail system not only ensures defendants get adequate preparation for their case and that they keep court dates. It also frees up space in jails by temporarily releasing individuals accused of misdemeanor crimes.

Some people further argue that HB 63 would encourage racial profiling and allow law enforcement to detain individuals without probable cause. Proponents of the bill, however, point out that the proposed legislation will only ensure that local law enforcement does not conflict with federal law.

Teen, Denied Bond after Alleged Stealing

But new immigration policy under the Trump Administration is already placing greater restriction on certain individuals.  As an example, a judge denied bail to a teen accused of stealing $2,900 from his place of work.

Charlotte-Mecklenburg Police charged Gus Zamudio, a high school student whose family illegally moved to the country from Mexico. Agents from the Immigration and Customs Enforcement have put him behind bars.

Under the previous immigration policy, detaining a defendant, in preparation for deportation, required criminal conviction.

Current conditions in America are making it difficult for immigrants. Whether it’s the looming risk of House Bill 63 or new immigration policy, it pays to know recent changes in legislation.

Prime Qualities of an Appellate Lawyer

LegalYou lost the battle in your felony case. The judge convicted you for the offense charged against you, sentencing you with hefty fines and lengthy imprisonment as per the jury’s verdict. You can’t help but feel a pang of sadness—imagining the future you might never have.

Don’t raise the white flag yet, though; this isn’t yet the end of your story.

Be it a state or a federal crime conviction, the initial judgment is not necessarily final. The constitution provides you an appellate right—a legal remedy to try and reverse the decision given to you. By all means, it’s a serious matter; your appeal determines if you could still keep your freedom or at least reduce your punishments. There’s no telling how your application would turn out, but your chances to succeed is definitely higher with an experienced lawyer on your side.

Excellent Writer

David A. Nachtigall said, “Appellate proceedings differ significantly from those in the trial court because they are based primarily on written submissions to the court.” That means your lawyer should have outstanding writing skills. Unlike court trials, there are no witnesses nor a jury this time around. Your lawyer’s mastery of words is vital to present your case in a good light.

Exceptional Researcher

An appeal requires a tremendous amount of legwork to pin-point all the possible irregularities or errors in the plea or previous trial. Finding a new, strong evidence is crucial to help make sure your appellate efforts bear fruit. Without brilliant researching skills, an appeal is just time and money wasted.

Adept Criminal Lawyer

An appellate attorney should be well-rounded in criminal law. The lawyer must has been tested in real-world cases with a wealth of experience in the prosecution and defense sides. Their extensive understanding on how the criminal justice system works is imperative.

With your liberty and future at stake, your case is worthy of a second look. Don’t blow your potentially last opportunity; find a lawyer that has these qualities, and you may have a successful appeal.

Negligent or Not: How to Tell If the Employer Is Accountable for Your Forklift Accident

Forklift accidentWhen it comes to industrial accidents, forklift mishaps are amongst the most common in the UK. This should come as a surprise, this machine can harm almost anyone up close with the nature of its operation; even the driver himself can fall victim to this heavy equipment.

You are free to file a claim and ask for adequate compensation if you get into an accident and feel that it should not have happened at all. The target of your legal move will always be the company owner, but how can you really tell if they are at fault?

According to experienced accident injury claim lawyers, these are three ways to find out if the incident was due to the employer’s negligence:

1. Enforcing Safety Policies

Regulations are, of course, in place to protect workers and visitors, especially in the presence of industrial machines like forklift trucks, but the fashion they are implemented is the question. The HSE itself provides a checklist to help companies minimise all hazards and reduce the risks of operating forklifts for everyone.

When the company fails to cover all the bases in terms of management and supervision, which may have resulted to your unfortunate incident, then the employer may be held accountable.

2. Ensuring the Machine Is in Superb Condition

Forklift trucks require routine maintenance to prevent issues and identify early signs of problems before they actually compromise the environment’s level of safety. Any sort of malfunction can contribute to your accident—whether the upkeep did not spot the possible failure or no upkeep took place at all—and in this case, you can point the finger at the employer.

3. Making Sure the Driver Is Qualified for the Job

Even if being a forklift driver requires no licensure, the law obliges employers to train the operator to achieve an acceptable level of competence for the job. The HSE encourages refreshers, especially under certain circumstances. If you feel this might be a factor, the employer did not do his part.

Forklift accidents could lead to life-altering injuries and affect your lifestyle permanently. The graver the effects the incident has left you, the more you owe to yourself to demand for compensation.

Penalties for Different Crimes in Illinois

CrimeIllinois is no stranger to different crimes anymore. Before deciding to do something you’ll regret later, for any reason, it’s helpful to know what penalties are enforced for those actions.

In some cases, you may face criminal charges for crimes you didn’t commit. Criminal defense attorneys in Lincoln, IL mention that by merely being accused, your freedom, finances, reputation, friends, and family are all at great risk. For that, you have to be knowledgeable of what’s ahead of your situation.

There are six main crime categories: murder, habitual criminality, felony, misdemeanor, petty offense, and business offense. Each has a corresponding jail term, extended term, probation term, and maximum fine.

Murder

This can be categorized further under first or second degree. For first-degree murder, you may face the death penalty, life imprisonment without parole, or 20 to 60(60 to 100, for extension) years in jail. You won’t be allowed a probation term plus you have three years for mandatory supervision release term (MSRT), and a maximum fine of $25,000, which is the same value as the other degree.

The second-degree, on the other hand, has four to 20 jail years with 15 to 30 years possible extension. You’re also given four years of probation instead and two years for MSRT.

Habitual Criminality

This is not an offense. Rather, it’san adjudication of people who’ve committed a crime twice, have been convicted in U.S. courts of certain cases, and other instances. This category faces life imprisonment without parole, not allowed a probation term, and no fine.

Felony

These crimes are classified as X and 1 to 4. Each has a different jail term from one to 30 years, and three to 60 years possible extension. All classes have a maximum fine of $25,000, or $50,000 for a corporation. Probation term ranges from 2.5 years to not being allowed and the MSRT range from one to three years.

Misdemeanor

Classes A to C misdemeanor has jail time of 30 days to one year with no possible extension and MSRT. It has, however, up to two years of probation term instead and a maximum fine of $1,500 to $2,500.

Petty and Business Offense

Petty offenses only give up to six months of probation term, and the amount of maximum fine is to be specified no more than $1,000. Business offenses, meanwhile, only require a specified amount of fine.

This summary of the penalties for different crimes in Illinois are just the standard sentence provisions. It can be different for certain cases. But knowing this information can definitely help with your case.