Legal Articles

What percentage of DUI cases get dismissed or dropped?



The research found that statistics are taken around DUI, OUI, DWI, and the like, varied greatly if they could be found at all. Most rates were based on convictions. Let’s check out what percentage of DUI cases get dismissed or dropped. The first step in seeking a defense to get the charges dropped or the […]

Comments are closed

How Long Does it Take a DUI to Fall Off Your Driving Record



The very short answer is 10 years, at a minimum. Research came up with Florida retaining the mark on your driving record for 75 years. Tennessee retains it for life. In the case of the Florida retention, given a DUI offender is likely to be over 15, this means an offender will have to live […]

Comments are closed

What If I Refusee To Take a Breathalyzer Test?



In every state, it is your right to refuse to take a Breathalyzer test. In most states, based on online contributions, refusal to take a Breathalyzer is just a decision that police will note in the likely result of your arrest. The refusal will likely be the direct cause for you to lose your license. […]

Comments are closed

How Much Is The Settlement From a Lower Back Injury?



There are a number of factors that have to enter into what will become a somewhat complicated calculation. Some of the readily available factors are: Who is accountable for the situation, accident, and/or injury? Is it a car accident or personal injury, or both? Is the damage from the injury temporary or permanent? Is it […]

Comments are closed

Can Banks Seize Your Assets if you Default on your Mortgage?



In general, “yes”, a financial institution holding a mortgage can sue for full repayment of the loan amount outstanding on a mortgage where the debtor has defaulted. When a house is foreclosed, and sold, and the sale does not raise enough money to pay off the loan, the institution can then file for a deficiency […]

Comments are closed

What Happens if I blow Off an out-of-state DUI Hearing?



Lots of information and personal experiences around this question: What can happen if I blow off a DUI hearing for out-of-state DUI charge? The general consensus: Do not blow it off as nothing good will happen because of it. There was not one single happy ending in the collection of incidences related. The important point […]

Comments are closed

Can a Bank Take Money from Your Savings Account After a Bankruptcy Discharge?



First, find out from the bankruptcy trustee if your savings account was on the list of seized assets that are to be liquidated to satisfy the creditors under your bankruptcy ruling. If the account was not on that list, then notify the trustee about what happened to get that money returned to you. Seized assets […]

Comments are closed

Can a Foreclosure Happen After Bankruptcy Discharged the Debt?



This is a very difficult concept for many people to understand. Several lawyer site profess having trouble getting clients to see the difference between a debt and its lien on an asset. As always, the best recommendation when dealing with foreclosures and / or bankruptcy is to discuss your situation with a lawyer in your […]

Comments are closed

After foreclosure Can the 2nd Mortgage Holder Come After me for the Balance (Colorado)?



First, seriously consider hiring a lawyer who knows the foreclosure and multi-mortgage law in the state of Colorado (or, your particular state). Each state varies in some way. Next, in a foreclosure, the holder of the first mortgage gets paid off first (of course), then, if any money from the foreclosure sale is left, it […]

Comments are closed

How Long Until My Car is Repossessed After Filing Bankruptcy?



The repossession laws for bankruptcy involving a car will differ due to the type of bankruptcy and depending on the value of the car. With a Chapter 7 bankruptcy, non-exempt assets, like your car, are taken as a part of the “bankruptcy estate” during the bankruptcy process. These assets are usually sold with the proceeds […]

Comments are closed

What Would Happen if the United States Went Bankrupt?



By definition, bankrupt means: An entity judged by a court to be unable to pay its debts, whose property is taken and disposed of for the benefit of creditors. A lot of different views exist out there in Web-land on this question. Many ask back, “What do you mean ‘if’?” meaning that they believe or […]

Comments are closed

Will My Bench Warrant Expire?



Assuming, as most questioners related, that the infraction was not a felony, the really short answer is: A bench warrant will fade from being readily available after a few years, but will always be on your record. For a misdemeanor, countless sources and individual accounts online relate how, either personally, or as a story about […]

Comments are closed

Can You Keep Your Tax Refund After Filing Chapter 7 Bankruptcy?



First of all, Chapter 7 and Chapter 13 bankruptcies have very different rules. This article is only dealing with Chapter 7 bankruptcy. On the question, it is always good to check with the lawyer who filed your bankruptcy. That is why you pay the lawyer. Essentially, it goes to the trustee. A refund is an […]

Comments are closed

Can VA Disability Benefits Be Used as Income in Chapter 7 or 13 Bankruptcy?



There is a lot of information on this. US Code 38&5301(a) state that VA Disability is not considered income. Bankruptcy Code (BC) 11 USC 522 (d)(10)(b) states that VA Disability is exempt the same way that Social Security Disability benefits are exempt. . But, is it considered to be income? Essentially, it is income. But, […]

Comments are closed

How long after bankruptcy/short-sale before you can buy a house?



Ignoring the bankruptcy for a moment, on just the short sale impact, the very short answer is that it is very likely, as it is well documented, that one must wait at least 4 years. If one can bring a larger than normal down payment, and take on a higher interest rate, FHA will source […]

Comments are closed

Should I expect jail time for a first DUI



In most states in the Union, you will allegedly go to jail on your 1st DUI. At least, you will face jail time. The amount of time you face, or how long over the mandatory will depend on so many factors to make it an unsure thing. The jurisdiction’s laws State Laws Circumstances Alcohol level […]

Comments are closed

List of airlines that are currently bankrupt?



Direct Air filed for bankruptcy in March 2012. American Airlines filed for bankruptcy in November 2011, but continues to operate. All told there have been 189 airline bankruptcy filings in America since 1990. For the most part, airlines do not go bankrupt because they have run out of money. It is usually because the airline […]

Comments are closed

How long will it take to settle from a car accident if I have a lawyer?



How long will it take for the insurance company and me/my lawyer to come to an agreement on a settlement? To answer this question, there are many layers to drill down through. There are several online sites that walk through the beginning timeline of notifying your insurance company, collecting whatever detailed information you can. … […]

Comments are closed

How long after a judgment from a creditor before they start to garnish your wages?



In reality, a garnishment can begin as soon as the garnishment order is given to an employer, or bank, or other asset holder, and the required documentation by the employer or bank or asset-holder is ready for execution. Texas prohibits garnishment of pay. It is currently the only state that does so. However, once the […]

Comments are closed