Tag Archive for: Lawyer

What is a Suspended Sentence?

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What is a Suspended Sentence?

During criminal cases, often times a judge will impose a suspended sentence. A suspended sentence is an opportunity for a judge to impose a sentence but not make the person serve that full amount of time.

Example

A common example of a suspended sentence is when someone is charged with a DWI. If the max penalty for a DWI is one year, the judge can impose a one year sentence but suspend all but 30 days. This means the person will only have to serve 30 days out of the one year sentence.

However, the court will put that person on probation for a period of time. If the terms of the probation are violated then they will go back and serve the remaining 11 months of the sentence. Mark Palumbo always recommends complying with the terms of probation or you will risk going back and serving the remainder of the suspended sentence.

At Davis, Upton & Palumbo LLC, our criminal defense attorneys have many years of experience defending clients in criminal and traffic cases. We spend the time needed to make sure you understand the legal process and the penalties you face if convicted. We will advise you about the options available to you. To learn more about our practice areas

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What are Conflicts of Interest?

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What are Conflicts of Interest?

When a potential client contacts Davis, Upton & Palumbo, LLC, the first thing we do is preform a conflict of interest check. An attorney can not represent  someone if  a conflict of interest exists.

Why are Conflict Checks Performed?

A conflict exists when a legal representation of one client is directly adverse to the representation of another client. It also exits if there is significant risk that the representation of one or more clients will be substantially limited by the attorneys responsibilities to a former client, current client, third party or the attorneys own personal interest.

Example

A very common example of a conflict of interest is when two spouses are seeking a divorce. We can not represent both husband and wife, each will have to have separate representation from different firms.

At Davis, Upton & Palumbo LLC, our Mission is to Exceed Your Expectations in all that we do. Our firm is organized into specific legal Practice Groups to allow our individual attorneys and staff to develop extensive experience in selected areas of the law. If you’d like to learn more about our practice areas click here or contact us today!

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What is the FIT Program?

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What is the FIT Program?

Stephanie Noronha explains the FIT program or Families In Transition program. In cases that involve custody disputes, the court will typically order the parents to attend a FIT program.

FIT program purpose

 

The FIT program is designed to teach parents the emotional stress that their children sometimes go through as they during a separation and divorce. This can help parents to better understand the experience of their children. Also, these programs teach a lot of helpful skills. For example, the FIT program focuses on improving communication skills between the parents.

Mediation

In addition, the court will order the parties to attend mediation. The court will appoint a court mediator and the parties will be required to attend sessions with the mediator.  The parties are required to make a good faith effort to work with each other to try to reach an agreement on custody. If they do reach an agreement, they will have the agreement put in writing, executed and submitted to the court.

In conclusion At Davis, Upton & Palumbo LLC, we are experienced with custody and family law matters. We understand the need to counsel and advise you on the best possible course of action for your unique situation.To learn more about our Family Law services click here or contact us today!

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What is a Restrictive Covenant?

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What is a Restrictive Covenant?

A Restrictive Covenant is a restriction that is placed on land that limits the uses to which that land can be put. Typically they are created by and recorded by subdivision developers to ensure that the subdivision develops in accordance with a common scheme or purpose.

Types of Limitations

For example, limitations on the uses that parcels in a subdivision can be put like a single family residence. Other examples include architectural controls like colors that can be used or roof materials. There may also be restrictions on animals and livestock.

Homeowner Associations

A set of Restrictive Covenants can set forth the creation of a Homeowner Association. This will detail the duties and powers of that Homeowner Association. In addition, the Restrictive Covenants will set the annual fees and special assessments that the Homeowner Association may levy.

Special Conditions

Restrictive Covenants are enforcible against the owners of the lots in perpetuity unless they are rescinded or abolished. By statute, it is required that all potential buyers for a parcel of land in a subdivision with Restricted Covenants must be given a copy of those documents.

At Davis, Upton & Palumbo LLC, we represent many individual property owners when Real Estate issues arise. Our Real Estate Practice Group has developed the reputation of being the “People To Talk To” when it comes to a Real Estate matter. To learn more about our Real Estate services click here or contact us today.

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Who Should Consider a Prenup Agreement?

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What is a Prenuptial Agreement?

A Prenuptial Agreement is an agreement entered before marriage for both parties to determine how their assets and income would be disbursed in the event of separation, divorce or death. A Prenuptial Agreement can be a very useful financial planning tool for many couples. They use this agreement for clarification purposes. Having these details worked out before marriage can save time & planning, should the marriage fail.

Who Should Consider a Prenup?

You might want to consider a Prenuptial Agreement if you have children from a previous relationship. The reason for this is if you are to get married and then pass away the surviving spouse will get most of your assets and this may leave little for the children from your previous relationship. In order for a Prenuptial Agreement to be enforceable, both parties must make full disclosure prior to having the agreement executed.

In conclusion At Davis, Upton & Palumbo LLC, we are experienced with property division in high-asset family law matters. We understand the need for an investigation, appraisal, and full disclosure by the parties.To learn more about our Family Law services click here or contact us today. 

These videos are for general information only and are not intended to address your specific legal situation or offer legal advice. Viewing these videos does not create an attorney/client relationship.

 

 

 

 

 

 

How Are Lost Wages Calculated?

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When I represent people in personal injury cases, they sometimes wonder what factors go into evaluating these claims.  Two major factors are considered; medical bills and lost wages.

Medical Bills

Most people realize that their Medical bills will be a factor in their claim. In addition, we look at the impact on your life that your injuries have caused. It is important to have documentation of the medical costs so that this number can be calculated.

Lost Wages

Lost Wages are the wages you did not earn during the time you are injured. For example, if you were to miss three days from work we would calculate the value of those lost hours to your income. The calculations are fairly simple. In this case,  you would just take what you would have made in those three days of work and include that number in your claim. Even if you used your paid sick leave for the time off, that still factors into the claim because you have lost that time in benefits.

For a more severe incident that causes someone may not be able to go back to work at their regular job. In those cases, we have to calculate the future lost wages and include that in the claim.

In conclusion

At Davis, Upton & Palumbo LLC, we understand the issues our clients face when they have been injured due to the negligence of others.  We strive to help you obtain the compensation you need and deserve. If you or a loved one has been seriously injured, or a family member has been killed in an accident, seek legal advice right away. To learn more about our Personal Injury services click here or contact us today.

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