What Is Condemnation? Condemnation occurs when a local, state, or federal government seizes private property and compensates the owner. The power of the government to do this is called eminent domain, which essentially means the government takes private property for public use. The property owner is entitled to just compensation for the property during condemnation, but he does not have to give his approval of the sale. → Read More
Overview of Out-of-State DUIs DUI’s are not limited to a person’s home state. When a DUI arrest occurs in a location you would rather not visit again, the temptation is to reason that you are never going back, so why worry about the out of state DUI arrest. Regardless of where you are from, the worst thing you can do is to ignore an out-of-state DUI arrest. → Read More
Requirements for a DUI Checkpoint Not all states permit law enforcement to conduct DUI checkpoints. Those states that do permit drunk driving checkpoints have very specific rules for conducting and enforcing DUI checkpoints that police officers must follow. If the DUI checkpoint meets your state’s requirements, then law enforcement officers can stop you to determine if you are driving while intoxicated. Failure to set up a valid DUI checkpoint can result in a suppression of evidence and a dismissal of a DUI case. → Read More
Refusing a DUI Breathalyzer Test Refusing a DUI test may be tempting if you only consumed a small amount of alcohol, or if you didn’t drink at all and feel the officer is treating you unfairly. However, it is important to understand what the possible advantages or consequences resulting from refusal to submit to a blood alcohol test. Consult a DUI attorney with specific questions about how the law in your state treats refusal to take a DUI test. → Read More
If I am stopped and the officer asks me if I’ve been drinking, what should I say? You have several options if you are stopped by law enforcement for suspicion of drunk driving, and you are asked if you’ve had anything to drink. All of these options have their own potential consequences, depending on how much you’ve had to drink and the personality and mood of the individual officer handling the DUI stop. If you have been drinking and are over the legal blood alcohol limit, nothing can keep the officer from arresting you for drunk driving. But, choosing the appropriate option for the right situation may help your DUI case down the road. → Read More
How is the value of property damage determined? Property damage valuation is an art form that may require the services of a professional or expert appraiser. If the property has been completely destroyed so that it is of no further use and has no salvage value, the measure of damages (or the amount you will get for your property damage) can be set at the fair market value of the property immediately before its loss. → Read More
What property is included in probate? The probate process is the process of transferring legal title from a deceased’s own name to his or her beneficiaries or heirs as articulated in the will. Property that does not need to go through probate to transfer legal title includes property that passes automatically to someone else upon the death of the deceased, or that didn’t actually belong to the deceased at the time of death. Assets not transferring automatically are part of the probate estate, and will have title legally transferred by probate. → Read More
What is an official policy or custom in civil rights law? Under Civil Rights Law, the term official policy or custom refers to state or government measures set in place–and accepted as official–that create a common practice of illegal treatment in violation of civil rights. In other words, official policy or custom means that the state or government that trampled on your civil rights was at least aware that the practice was prevelant and that it infringed upon either your immediate civil rights, or those of others. Official policy or custom includes enactments that are officially legislated, such acts in a state law or municipal ordinance. → Read More
Filing or Responding to a Motion for Summary Judgment If you find yourself in a lawsuit, you could be served with a motion for summary judgment, which is a request to end a case without a trial. A motion for summary judgment filed by an opposing party claims that you cannot prevail in the case because there is no legal dispute or your claim is without merit or a defense. Failure to respond to a motion for summary judgment can result in your case being dismissed or a judgment being rendered against you. → Read More
Who should I name as a defendant in a civil lawsuit? When you file a civil lawsuit, you may do so for any violation of the law that has caused you physical or economic harm. One of the most important steps in filing your lawsuit is naming all of the defendants responsible for your injury. If you are considering filing a civil lawsuit, speak with an experienced litigation attorney prior to taking any action. → Read More
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