F. A. Q.'s

I have a member of my family who is beginning to forget important information. What can you do for me?

We should discuss your family member's needs. There are many tools that are available such as a Durable Power of Attorney; an Advance Directive For Health Care; Do Not Resuscitate Form. All of these may be helpful. One of them may be sufficient.

Do I need a will?

That depends upon you. Do you have a desire to leave any of your treasure to a specific person or to your home church or a special charity? A will is the only way you can do that. If you are divorced and have minor children, do you really want your ex-spouse to be in control of any property left to your children? A will can resolve those issues.

Should I always take a breathalyzer test?

"Always" is of course, generally never the answer to multiple choice questions. But in the real world you do not get much time to consider your options which are "do you" or "do you no." Generally speaking, taking a breathalyzer test will allow you more options in defense. In addition, a refusal to submit to breath test results in automatic 180 days suspension of your driver's license for first suspension.

What are the differences between a "suspended" sentence and a "deferred sentence?

When a person's sentence is "suspended," that person is convicted, but some or all of the actual time of incarcertion is suspended pending that person's compliance with certain rules and conditions. When a person's sentence is deferred, first, there is no conviction- a final determination is deferred pending that person's compliance with certain rules and conditions; second, in many jurisdictions, you may be required to pay your financial obligations at the time of sentence being deferred whereas if sentence is supended generally, one's financial obligations can be paid according to one's ability.

Am I required to return to Court at the completion of either a suspended or deferred sentence?

Generally, no. If you have been 100% successfull in complying with all rules and conditions of probation-whether suspended or deferred, most courts do not require an otherwise waste of your time or the court's time in appearing. Make sure you have provided proof of compliance with all conditions to the appropriate district attorney's office.

If I have been charged with DUI at a time when I had a valid driver's license and my license was taken by the arresting officer, what should I do?

From the day you receive the receipt and affidavit from the arresting officer, you are lawful to continue operating a motor vehicle for 30 days. However, if you are interested in being able to lawfully operate a motor vehicle beyond that period of time there are strict time constraints. You have 15 days from the date you received the officer's receipt and affidavit within which to request either an administrative hearing or a permit to operate. The Department of Public Safety will generally not set up a hearing if you are late in requesting a hearing. Although you generally can obtain a permit even if you make a request after 15 days, you will probably get caught in a "gap" period of time where you will not be able to lawfully drive because your request was not made timely. Talk toyour lawyer about this.

What are the principal differences between a "felony" charge and a "misdemeanor" charge?

Generally, a misdemeanor offense is one inwhich the range of punishment does not exceed a maximum incarceration of one year in the county jail and most fines do not exceed $1,000.00. A misdemeanor jury trial would consist of 6 jurors. A felonyoffense is generally an offense which carries a range of punishment in the state penitentiary and the fines exceed $1,000.00-sometimes very dramatically. A felony jury trial would consist of 12 jurors.

If I am thinking about selling my house, what would be some of the steps that I should consider?

You should consider determining the location of the abstract of title to your home. Any prospective purchaser will want the abstract brought to date and examined. You should consider the fair market value of homes in your neighborhood in order to set a price that would be consistent with the neighborhood, but also taking into consideration any special features of your home. Depending upon your time frame, you could consider placing an advertisement in the newspaper and selling yourself or consider engaging a reputable real estate broker. Customarily broker's fees are 6% of the sales cost. If you engage a broker you won't need to prepare a sales contract, but if you list your home on your own, you will need a sales contract which your lawyer should assist you in preparing.