make sure you know your rights
The answers are for general information and are not legal advice. If you have an unanswered question or need additional clarification or help, don’t hesitate to contact us to set up an initial consultation.
1) I received a traffic ticket. I know I was speeding. Should I just go ahead and pay it off?
No. Even though you are responsible for the offense, often times your speeding offense can be negotiated to have little to no impact on your insurance. Your offense may be able to be reduced to a nonmoving violation. If you pay off a moving violation as is, you are pleading responsible/guilty and your insurance premium could go up for 3 years. Call me and I will advise how I can assist you in this matter.
2) I was charged with driving while license revoked, but I did not even know my license was revoked! How could this happen?
This happens to a lot of people. Most of the time it happens when someone changes their address and fails to notify DMV but it can happen for a number of reasons. Generally it is due to an unpaid ticket. If this is your first time being charged with Driving While License Revoked, then the matter should be able to be resolved favorably with attorney assistance.
3) My license is permanently revoked! Does this mean I will never get a license?!
"Permanently" doesn't really mean permanent. It means after 3 years you have the right to a hearing. After 2 years you can apply for a limited driving privilege if you haven't had any moving violations in the preceding 2 years. I can help you with the hearing process, the limited driving privilege process, and the underlying driving while license revoked charge.
4) I'm thinking of filing bankruptcy but I am curious as to what the difference is between a Chapter 7 and a Chapter 13.
Chapter 7 is a complete liquidation plan, which means it wipes out all general unsecured debts such as medical bills and most credit card debts. Chapter 13 is considered the wage earner plan and you will make payments for up to 60 months to the trustee for your creditors. Contact my office for an appointment to determine which plan is the best for you.
5) If I file bankruptcy, do I have to give up everything I own?
You do have the right to file for exemptions in bankruptcy which allows you to keep a certain amount of property.
6) I had a criminal charge and it was dismissed. Can I get that expunged?
If you have not filed for an expungement for another another offense, sure!
7) My friend/family member needs a cosigner for a _______ (fill in the blank) contract. Should I cosign?
No! Cosignment agreements generally obligate you to do a lot, with little or no benefits. Generally co-owner agreements give you more rights, but I generally do not recommend those. If you would like for me to review a proposed agreement before you sign, I would be happy to do that for you.
8) My employer/real estate agent/ ____________ (fill in the blank) wants me to sign a contract. Should I get someone to look at it first?
Yes. If it was worth them drafting the document to get your signature, it is worth you getting it reviewed to determine your rights.
No. Even though you are responsible for the offense, often times your speeding offense can be negotiated to have little to no impact on your insurance. Your offense may be able to be reduced to a nonmoving violation. If you pay off a moving violation as is, you are pleading responsible/guilty and your insurance premium could go up for 3 years. Call me and I will advise how I can assist you in this matter.
2) I was charged with driving while license revoked, but I did not even know my license was revoked! How could this happen?
This happens to a lot of people. Most of the time it happens when someone changes their address and fails to notify DMV but it can happen for a number of reasons. Generally it is due to an unpaid ticket. If this is your first time being charged with Driving While License Revoked, then the matter should be able to be resolved favorably with attorney assistance.
3) My license is permanently revoked! Does this mean I will never get a license?!
"Permanently" doesn't really mean permanent. It means after 3 years you have the right to a hearing. After 2 years you can apply for a limited driving privilege if you haven't had any moving violations in the preceding 2 years. I can help you with the hearing process, the limited driving privilege process, and the underlying driving while license revoked charge.
4) I'm thinking of filing bankruptcy but I am curious as to what the difference is between a Chapter 7 and a Chapter 13.
Chapter 7 is a complete liquidation plan, which means it wipes out all general unsecured debts such as medical bills and most credit card debts. Chapter 13 is considered the wage earner plan and you will make payments for up to 60 months to the trustee for your creditors. Contact my office for an appointment to determine which plan is the best for you.
5) If I file bankruptcy, do I have to give up everything I own?
You do have the right to file for exemptions in bankruptcy which allows you to keep a certain amount of property.
6) I had a criminal charge and it was dismissed. Can I get that expunged?
If you have not filed for an expungement for another another offense, sure!
7) My friend/family member needs a cosigner for a _______ (fill in the blank) contract. Should I cosign?
No! Cosignment agreements generally obligate you to do a lot, with little or no benefits. Generally co-owner agreements give you more rights, but I generally do not recommend those. If you would like for me to review a proposed agreement before you sign, I would be happy to do that for you.
8) My employer/real estate agent/ ____________ (fill in the blank) wants me to sign a contract. Should I get someone to look at it first?
Yes. If it was worth them drafting the document to get your signature, it is worth you getting it reviewed to determine your rights.