Articles by Michael
Car Accident
Parking Lot Accidents: Fault and Liability
Auto accidents that happen in parking lots are a common occurrence. Collisions will usually occur at a low rate of speed although the consequences can vary. Regardless of whether your accident is a minor “fender bender” or a pedestrian being struck by a motor vehicle, the first step is to...
Criminal Procedure
How Criminal Sentencing is Determined
Who determines the punishment after a criminal defendant is convicted of a crime? How can a defendant be sure of receiving fair treatment and not being punished more harshly than other defendants? Is there some flexibility and leniency allowed in the sentencing process? It is important to know...
Alternative sentencing usually provides criminal defendants a way to avoid serving a jail or prison sentence. The most common alternatives include suspended sentences, fines, probation, community service, restitution, deferred adjudication and pretrial diversion programs. A judge will use a...
If you are a passenger in a car involved in an auto accident, can you make a claim and recover damages against either driver? What if you were the operator of a car and the other driver was at fault? The answer to these questions depends upon the state within which you live and where the...
Motorcycle Accident
Motorcycle Insurance Requirements & Policies
Motorcycle insurance is a requirement for every rider and it’s extremely important that your policy covers what you are expecting. For many riders, they only discover the limitations of their motorcycle insurance after they are involved in an accident and it comes time to determining how much...
Child Support
Child Support in New York: Answers to Frequent Questions
This article answers frequent questions about child support law in New York. Child support is the financial obligation of one parent to pay the custodial parent to help raise the child both created together. Each parent shares in the expected costs of raising a child which include health and...
Criminal Procedure
Criminal Procedure: From Arrest to Sentencing
The process of criminal procedure is similar in all states even though criminal law and penal codes may vary. This is because the purpose of criminal procedure is the same - to determine whether sufficient evidence exists to find you, a person who has been arrested, guilty of a crime. The law...
Child Support
Child Support: Answers to Frequently Asked Questions
This article provides answers to the most frequently asked questions about child support. It is a general guide to how most states approach common issues concerning support payments including calculation of obligations, increases and reductions, failure to pay and failure to appear in court...
Child Custody
How are Child Custody Decisions Made in Court?
There are several factors used by a court in order to make child custody decisions.
The Best Interests of the Child Standard
The courts in every state use the "best interests of the child" standard to award child custody. The standard generally tries to find the optimal mix of factors that...
Child Custody
Basic Child Custody & Support Law for Unmarried Parents
Children born to unmarried parents create a host of child custody and child support issues. While the identity of the mother is usually obvious, it's not always as clear when it comes to the father. Family law governs and provides guidance. Questions of child support and custody /visitation...
Nursing Home, Elder Abuse
The Nursing Home Reform Act and Residents' Rights
Senior citizens living in nursing homes require health care assistance and are more vulnerable to abuse than the average person. The elderly are less able to defend themselves because of their aging physical and mental capabilities. As a result, the Nursing Home Reform Act (part of the Omnibus...
Motorcycle Accident
Motorcycle Accident Liability & Best Practices
What makes a person legally liable for causing a motorcycle accident? This article explains the standard of negligence, the times when nobody will be found liable for an accident and also provides best practices tips for motorcycle safety and avoiding legal liability.
Negligence: The Standard...
Eligibility, Benefits
How to Qualify a Disability for SSDI & SSI Benefits
The Social Security Administration (SSA) has two programs which provide financial assistance to people with a disability. SSDI (Social Security Disability Insurance Benefits Program) is financed with work related Social Security taxes and pays benefits to disabled workers and their families. SSI...
SSDI Claims
Social Security Benefits Claim Requirements
In order to receive social security benefits, you must meet all requirements for eligibility. This article will provide you with a short summary of important items you should know when you apply for your own Social Security benefits and Medicare. You may need additional documentation if you are...
Eligibility, Benefits
Child Claim Requirements for Social Security Benefits
In order to obtain social security benefits for a child, all requirements for eligibility must be met. This article will provide an essential list of information you’ll need for your child’s Social Security Application. You may require additional documentation if you are seeking to apply for...
Nursing Home, Elder Abuse
Nursing Home Abuse and Neglect
Nursing home abuse is unfortunately a growing problem for elderly and aging people. The following article provides answers to common questions regarding abuse and neglect that occurs in nursing homes and old age facilities.
What is nursing home abuse? What is nursing home neglect?
Adults who...
Criminal Procedure
Joint Representation: Sharing a Criminal Attorney
When several different criminal defendants are facing charges arising from the same crime and are all represented by the same criminal lawyer, those defendants have “joint representation.” These defendants, known as “co-defendants,” are “joined” together in their defense. While it may seem...
Can popular song titles and music lyrics be used in the sale of merchandise, such as on a t-shirt or bumper sticker? This article will explore the legal rights associated with using movie titles, song titles and lyrics in connection with the sale of a product by someone other than the originator...
In bankruptcy law, there are levels of priority for which claims against a debtors assets are paid. Some debt claims may have priority over others. The most powerful of all debt claims in bankruptcy is the superpriority claim.
If you are new to bankruptcy claims, let’s define the terms that are...
Hiring an Attorney
Do I Need A Lawyer? Can I Handle It "Pro Se" or By Myself ?
The decision to hire a lawyer can be expensive. But in some situations, you can make matters much worse if you try to do it yourself instead of using professional legal help. This article will help you identify those legal problems which you might be able to handle yourself from others where it...
