The Legal Problems Associated With Bigamy

You cannot marry more than one person in the United States. It’s that simple. You can have one marriage, and that’s it. Bigamy is illegal. But what are the legal problems that you will face? That’s a question that some people look into, and are not too sure. Well, the following will show you what very well could await if you decide to try and circumvent the issue. Marrying more than one person is not going to be legal in terms of the law.

What Exactly is Bigamy?

The simplest way to understand this issue is to know what it is. It’s simply a marriage to more than one person, while you’re already married. If you are married right now, and your spouse is not dead or you’re not divorced, marrying someone else becomes illegal. You cannot enter a new marriage until an existing one has been dissolved completely. This differs from polygamy in that you try to get a marriage license, etc. within this route. Bigamy is deceptive, and doesn’t include knowing parties on all sides.

The Punishment

Every state has a different law in the books in regards to penalties. With that in mind, you’re going to find that a minimum of around $500 can be fined to individuals. There are others that can rise upwards of $10,000! Whatever the case may be, each state has a different way of dealing with this issue.

Civil Issues

When a person gets a second marriage, one marriage can end up becoming dissolved. Now, if there are children conceived with the new marriage, under the law, children may have a claim to financial resources, and property from spouses that are part of the second marriage, etc.

Lawyers Defending Bigamy

There are some legal defenses that you may want to consider. However, legal elements require one marriage to end. That’s it. The defense can be ignorance of a previous marriage not being ended with finality, as well as issues with abandonment, etc.
At the end of the day, no one is allowed to have two legal marriages. Polygamy, while still not legal, at least has three or more knowing parties to the process of living, marrying, and conceiving children under marriage elements. Bigamy is not that way, and is illegal all the same. Overall, the consequences of this include financial issues, civil elements, and a disruption in marriage status from one or more relationships. It’s simply illegal, suffice to say.

Orange County Attorneys

Fighting Back Against Debt Collection Suits

If you owe a debt, you may have to face the reality of a lawsuit. If a company sues you, you will find yourself find yourself at odds with the legal system. Now, if a company wins a judgement against you, they may be able to take extreme collection steps. For instance, you could find that they will garnish your wages, take your tax return money, and even put a lien on your house. There’s so many variables to consider, but one thing that’s for sure, you are allowed to fight back. The following are a few tips to battle against a lawsuit for collections.

Respond

The first thing you should do is respond whenever you receive a letter for collections. Whether it’s a judgement or it’s just a letter informing you of the debt, respond in writing. Don’t call. Instead, write a letter and force the company to prove your debt is valid. If you don’t, they’ll assume it is, and that’s that.

Statute of Limitations

Every state in America has a statute of limitations when it comes to the world of collections and debts. You will need to make sure that you know the time frame and then argue the dates in question. You very well could win outright, if the debt is past this point.

Question Things

Don’t just assume a collection’s agency has the right to sue. Fight back, and question their validity to the claim of debt. This will require the company to actually dig deep to find whether or not they even have a right to the debt in question. Many times, they won’t want to bother with this costly push, so they will drop off.

Sue Them Back

If you’re sued, then you have all the rights in the world to sue back. Remember to look into the “Fair Debt Collection Practices Act” and see if your rights have been violated. In many cases, you’ll have a case, so don’t dismiss this.

Lawyer Up

You could hire a lawyer to defend yourself, and in some instances, this can be part of a debt consolidation. Whatever the case may be, make sure that you defend yourself and fight back. You’ll be surprised by what a lawyer can do to help you fight against collections and suits in regards to your financial situation.

Pay It Off

In some instances, you may have to pay things back. If so, try to get a deal. In many instances collection companies will settle for a fraction of the debt you owe, so long as you can give them a sum. Just ask, it never hurts to inquire.

Orange County Attorney

3 New Law Changes To Roads In California For 2016

2016 has ushered in a great deal of changes in regards to roads overall. If you’re going to venture to the roads this year, or are already using them, it’s important to adhere to the changes that are now in place. There are a lot of changes, but these are some of the more prominent things to remember when you’re driving, or are out in the open roads of California.

Changes To DUI Elements

A new law is now in place that has been tested in 4 major counties. This law requires all vehicles to be fitted with an Ignition Interlock Device. This won’t allow a vehicle to start without the driver testing their breath for alcohol. This will be mandatory for individuals that have been convicted of DUI overall. Just one offense, and this will go into place if a driver wants to get back on the open road legally.

Rules For Earbuds

With the proliferation of smartphones and listening devices, changes to earbuds were inevitable. The new law now requires anyone utilizing the roads to not have earbuds in place, or even rested on both ears. If both ears are covered, they will be in violation of the law. EMT’s and law enforcement may be exempt from this, as well as those that have to wear hearing aids because of hearing loss. Cyclists, drivers, and anyone operating machinery, or any vehicle must adhere to this new legal issue. Simply put, no headphones.

U.S. Raechel and Jacqueline Houck Safe Rental Car Act

This is an important thing to remember for those that are looking to travel. This new law requires all major rental car companies to fix and update all of their fleet if there’s a motor vehicle recall. If there’s a safety recall, the companies are not allowed to rent the cars until they have been fixed. They have to ground all of their cars within 24 hours of knowing that there is a recall, and up to 48 hours if the company has more than 5,000 vehicles to rent. This helps consumers get a safe vehicle upon renting one, and ensuring that rental companies are compliant to national safety standards.
As you can see there are a lot of rules that come through in 2016, and are now in place. You will need to adhere to these, and know that these are placed to make the roads a bit safer in 2016. There will no doubt be more changes looming for 2017, but these are in place for now.

Orange County Attorneys at Gokal Law

Car Accident Basics – Finding Fault

A car accident can cause a great deal of confusion. Regardless of what happens you’re going to find a lot of issues that are looming. There are a lot of different issues that may rise on a legal level and knowing what your rights are is very important overall. You may have to file a claim with your insurance company and you may have to get legal help but how do you move ahead? If you’re not sure what to do or how to move forward consider a few notes on accident issues overall.

Liability

The first thing that is important is simple, you need to know who is liable. You may not know this at first glance especially when accidents occur.

Legal Duty – The first thing you need to understand is that there’s a legal element involved with driving. You are legally bound to adhering to the rules of the road.

Duty Breach – When an accident occurs the notion of a legal duty changes. It is breached because someone has not followed the rules of the road. If one driver could’ve been more careful and avoided issues then they would be at fault. Proof of course would need to be had.

Injuries – Someone may be at fault but in order to move forward with a claim or with getting legal help injuries may help the issue become more clear. A drier may be negligent, for instance, but that doesn’t mean he’s at fault under the law. However, if there are injuries, the definition may be a bit clearer.

Sharing Liability

In some instances there may be a shared liability that comes into play. This is where legal professionals have to focus on moving forward with figuring out who is truly at fault and who is going to be responsible for damages and medical bills. What makes this more complex is that there are fault states and no-fault states. This makes things quite difficult to manage without knowing exactly where you are and what the laws are in your state.

If you are involved in a car accident you should consider safety first. Then contact your insurance company, local authorities, and try to remain calm. After that you should consider legal professionals to assist with figuring out what your rights are, and what financial parameters you’ll have to navigate as well.

Orange County Car Accident Lawyer

Understanding Power of Attorney

There are a lot of different elements that everyone needs and one of them may be lurking right under your nose. The legal element of power of attorney may not mean much to you at the present. However, it may mean life or death in many circles. If you don’t understand what this is or why it’s important then you need to look at a few elements that help with understanding what Power of Attorney is and how it can cause a major headache for you and your loved ones down the line.

General Power

This option among the major powers of attorney, so to speak, is as you may think, an overtly general option. This is a tool that gives power to someone (an attorney for instance) to act on your behalf in case you cannot manage your affairs. This could be due to sickness or other issues.

Special Power

If something were to go awry with you this gives power of attorney in a very specific area. For instance, if you wanted someone to sell your car they can do so. Or if you wanted someone to run your business then that could be done as well.

Health Care Power

This is in regards to a living will although not exactly the same. It’s similar in that you will be giving power to someone to make medical decisions if you were incapable of doing so on your own.

Durable Power

This is something that helps protect you in case you aren’t sure of your mental capacity. This gives authority only after a doctor has deemed you mentally incapacitated. Only a medical doctor can rule this meaning that the power of attorney won’t change until that is signed off on.

What To Do With This Information

Here’s the thing, you need to consider only persons whom you trust. Whether you have an agent, attorney, or someone else, you need to make sure that you trust them to make decisions when you cannot do so. While it’s difficult to pick just one person it is important that you do not have a “team” of people trying to figure out what is in your best interest as that could lead to a lot of bickering etc. It is important to also understand that signing a power of attorney document is only valid if you are mentally competent at the time of the signing.
This can get pretty complicated. While there are some simple forms you can use for personal business you will want to get a lawyer involved to do a will, testament, and sign papers in this regards. Otherwise, you’re going to deal with a roller coaster ride of issues.

Orange County Attorneys at Gokal Law

Notes On Open Carry Laws in Texas

One of the many rights that United States citizens have is the right to own a gun. Now many areas don’t let you carry your gun in public there are some states that do in fact allow that. Texas for instance allows open carry with a few exceptions to the rule. If you’re going to purchase a firearm and want to keep it out in the open you need to know a few notes that will keep you and others safe while in and around the area. Open carry doesn’t mean freedom to start dancing around showcasing your gun so don’t be foolish.

The Simple Rule

Here’s the simplest way to understand this ruling. As of 2016, if you have a concealed handgun license, you may have a firearm in a belt or within a shoulder holster in public. You must have a valid CHL however to move forward with this. Without a valid CHL you will not be allowed to openly carry a gun in public, and throughout various spaces.

Limits

There is a limit to this. You are not going to be able to do this in a variety of areas. For instance, a school campus, certain parking areas, and many other destinations remain off limits. Whether or not you have a CHL here doesn’t matter you cannot have a handgun out in the open in various institutions so be careful as to where you traverse with this ruling.

Be Ready To Present CHL

With the new law in place you’re going to likely be asked to show a valid CHL license if a police officer would like to see it. This is only for verification and it is important to comply with the law. Police officers may simply ask you a few questions in regards to this law and that’s it; they are not there to tackle or take away your firearm.

What If I Don’t Have My CHL

If you do not have your CHL or you didn’t apply for one but yet you have your gun in the open you may be fined. Police officers will likely request that you put away your gun and you may be charged with a fine. Circumstance dictates much of this but common sense should be utilized when in public with any sort of firearm.
At the end of the day the open carry law in Texas is a good thing if you comply with it. It is to help individuals stay safe and keep their guns in the open assuming compliance with the letter of the law.

Orange County Attorneys at Gokal Law

Exploring Asset Protection Types

Asset protection laws are in place to help individuals and businesses ensure that their personal items are not seized. This includes bank accounts and other tangible and intangible items. There are several types of assets that you should know about as the defining lines can change how you progress with a legal matter. In the case of seizure, an asset can be placed within several different categories which include but are not limited to the following.

Accrued Asset

This is an asset that comes from money that has not been received from a profitable investment. For instance shareholders that have earned dividends but haven’t cashed out usually have this type of asset in place.

Fixed Asset

Businesses use this to operate. It usually isn’t part of sale or seizure.

Frozen Asset

As the name suggests this is an option that is tough to use once a restriction is placed on it. Usually this comes with legal elements such as failure to pay debt or taxes.

Intangible Asset

Businesses that have trademarks, patents, designs and other collateral that doesn’t necessarily have physical medium is included under this definition.

Capital Asset

These are items that are personal. For instance, a person’s home or furnishings can be included in this regards. This only includes vital elements for private use and not business elements such as the warehouse that may be used to store items, etc.

Liquid (current or quick) Asset

This is an asset that can be cashed in immediately. For instance cash is usually defined in this framework.

You will see asset definitions come into play when filing bankruptcy or when companies are trying to collect on debts. Whatever the case may be assets can be seized, cashed out, or frozen according to the law. Protecting against these things is possible with the help of a knowledgeable law firm. Attorneys that work in the field of asset law usually focus on illegal forfeiture or rather protection against that. When in doubt consult a professional to define assets and acquisitions as a whole.

Probate Attorney Orange County

10 Questions You Should Ask Your Personal Injury Lawyer

When you’re looking to hire a personal injury lawyer make sure that you ask a few key questions. In fact, there are 10 major questions that you should be asking them. With that in mind the following 10 questions should shine light on what you should ask and why.

1. What Type of Law Do You Practice?

Every lawyer has a specific discipline in regards to their professional. Even if someone is an injury attorney they may specialize in car accidents or work related elements. You should always ask to find out what their specialty is in regards to this broad field.

2. Have You Taken These Types of Cases Before and Did You Win?

It’s important that you hire someone that you can trust. An easy way to figure out whether or not you’re hiring the right person, ask whether or not they have taken cares like yours before, and whether or not they closed with a win. You’ll be surprised by some of the answers you may receive.

3. Will There Be A Team of Lawyers?

You want to ask this because many law firms have several legal professionals under one roof. You may meet with the “face” of the firm, but the person that takes on your case may not be them. In fact some firms will take your information and give it to their case managers. This is neither good or bad as there are several factors at play here.

4. How Long With The Case Take?

Ask about how long the case will take to close. Some cases seem easy to handle but through experience, can take a long time. A lawyer will be able to give you at least a simple estimate as to what they expect based on what they’ve seen in the past.

5. Is Contingency Allowed?

Some legal teams ask for money up front as a retainer. Others work through what is known as contingency. This means that they will not take any money until the case is settled. Sometimes this means having to wait longer as lawyers will have to juggle several cases to compensate them for their time.

6. How Can We Guarantee Success, Is There Anything I Can Do?

Hiring a lawyer doesn’t mean you’re done. You need to ask this question in case you can help with a variety of different tasks. For instance, if you’re injured, you may need to see their official doctor. Just ask if you can help and you may help the case.

7. Do You Go To Trial? How Often?

Ask this question to understand whether or not they usually take on companies beyond settlements. Some firms settle fast and don’t ever see trial. Others consider the case and go to trial to seek larger payouts. Asking can give you an idea of what to expect.

8. Have There Been Ethical Problems?

This is an odd question to some, but inquire about it anyway. You want to know whether or not your legal partnership is going to be ethical. Sometimes attorneys bend the rules and when they do they are disciplined. Ask if they have in the past and be careful as to whom you hire.

9. What If There Is A Disagreement?

Ask about what happens if the client and attorney disagree. It’s imperative that you know so that you aren’t left out of the case in favor of what the attorney’s wishes want.

10. Ask For References

Lastly, make sure that you ask for references. You should be able to speak with past clients and perhaps make your decision based on what people say about the attorney. This is a good thing as it will help you make an educated decision moving forward.

Read Tips for Hiring A Personal Injury Attorney

Orange County Personal Injury Attorneys

Divorce Attorneys

Although there are times where divorce can be a good thing, the process is always long, complicated, and fraught with heavy emotions. Divorces have long lasting effects on not only the couples involved but their children, extended families, and even their jobs. When one has concluded that divorce is the next step or only remaining option it behooves them to act quickly. Finding a trusted and reputable attorney is the first thing one should do. Utilizing the internet and their phones, one can weed out less than reputable attorneys by reading reviews as can phone and in person consultations.

Not So Fast

Divorce attorneys the country over have seen it all. Therefore it should come as no surprise that they often provide those seeking divorce with some very sound advice. Before one acts to hastily they should heed the following advice. These all come from the mouths of divorce attorneys.

It’s about acceptance and tolerance – Good marriages are rooted in love and trust but sometimes even these things aren’t enough to hold a couple together. Couples so easily and often loose focus of what brought them together as time passes. Instead of focusing and emphasizing a spouses quirks, idiosyncrasies, and faults, try refocusing on what drew you to that person in the first place. Love can often be rediscovered there.

The benefit of the doubt – As marriages begin to break down both spouses have a tendency to begin distrusting everything their husband/wife does and says. This is true even when there has been no infidelity or dishonesty. Instead of rushing into a separation or divorce start by trusting your spouse in both their actions and words. Doing so can facilitate reciprocation and make you comfortable with one another again.

Hyper-focusing on kids – Couples with children often fall into the trap of focusing so much on their kids that they forget to be a couple. Sure, once kids enter the picture it becomes more difficult to find time for dates and time together but it’s never impossible. Many couples believe they’ve fallen out of love with each other when in reality they’ve merely fallen out of touch. Find a babysitter, send the kids to Auntie’s or Grandma’s house even if its just once a week for a few hours, and make time for each other. Start small but make the goal of reconnecting fun.

Don’t wait too long – Marital problems don’t suddenly pop up nor do people instantly become unhappy. Instead these issues build over long periods of time. Couples would do well to take small issues seriously when they happen. Addressing small problems is always less costly than it is addressing problems where someone waits to long. Be proactive and don’t be afraid to communicate openly and honestly with one another.

Orange County Attorney

Wrongful Evictions Lawsuits

Moving is a difficult task in the best of scenarios. Even when an individual or family is excited about moving into a new home, leaving the old one can be a stressful and arduous process. A normal move can require one to take time off from work, find a babysitter, cause children to miss school, and cost a great deal of money. Being evicted from your home can make a move tumultuous and have lost lasting effects. Wrongful evictions can cause even greater harm in both the short and the long term.

What is Wrongful Eviction

Very similar to wrongful termination, wrongful eviction entails wrongdoing on the part of your landlord. Vindictive landlords, those running scams, and those with avarice on the brain may conjure up bogus reasons to have their tenants evicted. Comparing wrongful eviction to wrongful termination once more, wrongful eviction can be difficult to prove in court. This is especially true if a landlord is an experienced con artist.

Deposed tenants should begin documenting troubles with their landlords long before any real issues arise. Additionally tenants should record phone calls and meetings with troublesome landlords. Tenants should also have kept rent receipts so that a problematic landlord can not claim rent wasn’t paid. There are many reasons intractable landlords manufacture when they want or need a good tenant out of their homes. Head into court with both an attorney and strong evidence in tow.

Legal Recourse

Long before a tenant ever goes head to head with their landlord in court their attorney will tell them whether or not they even have a case or a good chance at winning. Fortunately California laws are very protective of tenants who’ve been wrongfully removed from their homes. Landlords found guilty of a wrongful eviction may be liable for damages, pain and suffering, moving costs, lost wages, psychological damages, etc. Victims of wrongful eviction should not only hire an attorney quickly but should also seek out tenant’s rights groups. These groups can give those in need valuable information and provide a multitude of different types of support.

Orange County Attorney at Gokal Law