Monthly Archives: December 2016

Choose Dui Attorney In Pheonix

Driving under the influence, a eviated to DUI, is statistically the most common reason for arrests in the United States. As such, it is prudent to understand how you should choose a lawyer to defend you in such an unfortunate circumstance. You should first identify your course of action. Think about the circumstances that might favour a guilty plea and the potential consequences of such a plea. First time offenders can often get by with a guilty plea, provided there have not been any aggravating offences. Situations where the recorded blood alcohol content cannot be confidently disputed or blamed on faulty equipment or when a police officer or witness might testify against you can be suitable for a guilty plea.

Also in cases where you are decidedly aware of the sentence or the monetary fine is not too large, you might choose to affect a guilty plea. However, you should always consult a DUI attorney in Phoenix before you affect any particular course of action. Apart from helping you craft an effective guilty plea, an experienced attorney might also get your charges reduced, depending on the laws applicable in the jurisdiction. Consulting with a DUI lawyer in Glendale can help you really sort out your course of action. If there are additional charges against you, such as causing damage to property, injury to another person or DUI while having a minor in the vehicle, you should definitely seek legal help. These circumstances require special knowledge of the legal system and the skill of an experienced legal practitioner to get you off or at least get the charges reduced.

DUI attorneys in Phoenix are well versed in the letter of the law and have extensive experience in dealing with cases of DUI. They have seen and know what arguments are the most effective while fighting DUI cases, such as disputing the accuracy of the sobriety tests administered by the law enforcement officer or the accuracy of the equipment used to gauge the blood alcohol content, even the circumstances under which the officer stopped you on the road to administer the test. This can be the difference between going home scot free or with a slight slap on the wrist and being charged a hefty fine and/or imprisonment. You must know exactly what services you are getting when you decide to go for a DUI lawyer in Glendale or Phoenix. Ask for a free consultation session to discuss your case and decide if a particular lawyer might be agreeable to you.

If you case is particularly troublesome, you might want to seek out an attorney who deals exclusively with DUI cases. They are certainly more experienced in dealing with these cases and are arguably more effective than lawyers who fight cases carte blanche. Also, you should always get the opinion of at least a few different lawyers before you decide to go with any one of them; availing of legal services in similar to any other service and you should compare with the rest of the market before committing.

Women Need When Decided To Get Divorce

Most women seeking divorce have 3 priorities:

1. Divorce Certificate
2. Custody of the children
3. Maximum Financial support and settlement

1. Divorce: After the No Objection Certificate (NOC) is received from the Family Guidance Committee in order to file the case, the claimant can proceed to court. In court, the woman is usually asked to produce witnesses who can testify to the reasons she wants a divorce. The witnesses can be 2 men or 1 man and 2 women. These witnesses will have to explain to court that the woman is in an unhappy marriage due to such reasons and based on her suffering, she is seeking a divorce. There are no exact questions that are asked of the witnesses. They should be aware of the personal and family matters of the claimant and should be able to answer all questions put to them on how they know or believe that family life between the couple is difficult, unhappy and hence not possible. For those who do not speak Arabic, a translator is provided by the court to listen to the witness statements. If the woman is unable to bring any witnesses, the divorce process can still go ahead. What the judge will try to ascertain from the witness statements is that the married life of the claimant is not successful or happy.

2. Custody: Custody is the most sensitive and emotional subject for the claimant, and in this case particularly the woman. The general rule as far as custody is concerned is that it should be with the mother until the male child is 11 years old and the female child is 13 years old. However, this general rule has many exceptions, and it is safe to say that the court looks for the betterment of the child or children involved. Should it be in the best interest of the child to remain with the mother even after these ages described above, the court might extend the custody of the children in the favour of the mother. Should the court feel even before these ages that the child is better off with the other parent and its in the child’s best interest, the decision can be handed down against the mother. However, for this, the burden of proof to show that the mother is unfit is very high and in most cases the child remains with the mother. When the child reaches the above age, custody does not automatically pass to the father, he has to make a claim and file for the custody of the child. If he does not, he is assumed to accept that the mother should continue the custody of the child.

3. Maximum Financial support and settlement When it comes to claiming financial support from the husband, the most important aspect of this is to prove the husband’s income. The income of the husband shall determine the amount of the maintenance paid towards the children and the one-off lump sum amount to be paid to the wife. Many people, while claiming for these amounts focus purely on the amount claimed and not the income, resulting in a weak claim and lower chances of success.
The basis for any settlement decided by the court is the income and that should remain the focus for all such proceedings. It should also be kept in mind that the wife can demand for any unpaid maintenance, or can claim the reimbursement of any amounts paid towards her living or towards the children by her for up to 3 years back-dated. Under Personal Status Law, the husband and the father is liable to pay towards all expenses of his wife and children regardless of the woman’s financial standing and income.

More Information About Liquidation

The provisions of the Company Law concerning liquidation are to be applied unless the company’s Memorandum or Articles of Association provide a specific procedure for its liquidation, upon resolving the company’s dissolution an agreement is reached between the partners as to its liquidation-n procedure.

Upon the dissolution of a company, it is considered to be in the liquidation stage. While the liquidation procedures are being implemented the company will retain its legal capacity for the implementation of its liquidation. It is imperative to affix the term ‘In Liquidation’ to the company name. As a consequence of the dissolution of the company the authority of its managers or board of directors will also come to an end, they should continue to manage the company but as far as third parties are concerned, they will be considered as liquidators until a liquidator is appointed. During the liquidation, the company’s administrative structure will continue to exist, but it will only perform functions that are not within the jurisdiction of the liquidators.

The partners or the company’s general assembly through majority resolution should appoint one or more liquidators. If the liquidation is decreed in accordance with a Court Order, the Court will appoint the liquidator. The death, bankruptcy, insolvency or interdiction of a partner, even though such partner had appointed the liquidator, will not affect the liquidator’s functions. Moreover, the liquidator must register his appointment and the method of liquidation with the Commercial Register. In coordination with the manager or chairman of the company the liquidator should make an inventory of assets and liabilities of the company.

The managers and chairman have a statutory duty to hand over the company’s accounts, books, documents and assets to the liquidator. The liquidator must:
1. Prepare a detailed statement of company assets and liabilities as well as a balance sheet to be signed by him and manager or chairman of the company.
2. Keep a book of accounts for the liquidation of transactions.
3. Preserve the assets of the company and its rights as well as the company debts.
4. Open a bank account in the name of the company ‘in liquidation’ and deposit company funds.

The liquidator shall be the representative of the company in any litigation regarding the company. He should satisfy the creditors of the company by selling its moveable assets or real estate in an auction or any other method specified in the liquidation procedure. The liquidator should not embark on new business unless it is necessary for the completion of previous works, otherwise he will be personally liable for the consequences. The liquidator must notify all the creditors by registered letters of the commencement of the liquidation. Such notice is published in the local newspapers and gives a period of not less than 45 days during which the creditors should present their claims. Certain debts of the company have to be prioritized and settled before others such as; employees’ salaries or wages, or debts accrued while the company is in liquidation.
Any amounts remaining after the settlement of the company debts will be proportionately disbursed amongst the partners. If the net proceeds of liquidation were insufficient to cover the repayment of all partners’ shares, the losses will also be divided proportionately amongst the partners. At the end of the liquidation a final account has to be prepared and presented to the partners or the general assembly. The liquidators will then have to record the end of the liquidation in the Commercial Register and request that the company is struck off the register.