Discussion of New Forex Registration Requirements

Forex hedge funds have escaped registration requirements so far, but that is expected to change very shortly. Yesterday the NFA released a report which provided some detail on the proposed new Forex registration requirements. While the NFA notes that the CFTC has not yet published its proposed forex rules, the NFA is still getting prepared for the Forex registrations. The NFA specifically stated that managers of forex account (including hedge fund managers) will need to register with the CFTC and be a member of the NFA. From the report:

The legislation also requires firms that solicit retail forex customers, manage retail forex accounts or operate pools for retail customers to register with the CFTC and be Members of NFA. FCMs, IBs, CPOs and CTAs whose activities involve retail forex will be designated Forex FCMs, Forex IBs, Forex CPOs and Forex CTAs, while APs of those firms will be designated as Forex Associated Persons.

New Series 34 Exam

The NFA also announced that there will be a new exam which forex managers will need to pass in order to be a Forex CPO and a Forex AP. According to the release, the NFA’s Vice President of Registration Greg Prusik said “We have developed a new proficiency examination specific to retail forex activity, called the Series 34 exam, and have recommended to the CFTC that its forex rules require any individual applying for registration as a Forex AP to take and pass both the Series 3 exam and the Series 34.”

For information on the likely Series 34 exam topics, please see Series 34 exam topics.

Other HFLB articles:

• NFA Begins Regulating Forex
• NFA Increase Capital Requirements for Forex Dealers
• CFTC Announces Forex Fraud Task Force

** Please note that this release is different from the NFA release of last week (see NFA Begins Regulating Forex above). The release from last week alerted managers who are already registered with the CFTC as CPOs or CTAs that, if they also provide advice to clients regarding off-exchange forex, they will need provide such clients with a disclosure document. Previously the registered CPOs and CTAs did not need provide clients with a disclosure document if the trading program focused only on spot forex.

Forex Hedge Funds – Forex Commodity Pools

This is a guide for those managers who want to start a forex hedge fund. It provides information on forex hedge fund structures, an overview of the registration requirements, and a discussion of the process of forming a forex hedge fund. For the purpose of this article we are focusing on spot forex transactions, but much of this information also applies to those managers who trade foreign currency futures and forwards contracts.

Background - Growth of Forex Hedge Funds

While there are no statistics on the number of forex hedge funds or the amount of assets under management, anecdotal evidence suggests a rather large influx of capital into forex hedge funds and certainly managers are deciding to start forex hedge funds in record numbers. It is not hard to understand why. Spot forex has been a popular investment choice for both the retail and instiutional investor who are looking to generate investment returns which do not mirror the stock markets. Many of these managers have been managing their own accounts, prop accounts, or the accounts of their friends and family and now these same managers are starting their own forex hedge funds (also known as forex commodity pools) to bring their strategy to a larger group of investors.

Structural Considerations for Forex Funds

Forex hedge funds or commodity pools are a little bit different than traditional hedge funds because of the extreme liquidity which is a characteristic of the off-exchange foreign currency markets. Because of the liquidity and ease of getting into and out of positions without moving the markets, the structure is typically more flexible and “investor friendly” then other funds.

Specifically, some of the central structural characteristics of forex funds include:

• generally no lock-up (although some managers may have very short lock-ups of 3 or 6 months)
• generally monthly liquidity with notice as short as a week (HFLB note: while many managers would have the ability to allow more frequent redemptions, we do not recommend this practice unless the manager has a good back office which can efficiently handle redemption requests)
• generally monthly performance reporting and some managers even provide more frequent performance reporting
• usually management fees of 1% to 2% and performance fees of 20% or some other sort of “tiered” or “graduated” performance fee structure

Risk Management for Forex Hedge Funds

It is imperative that forex managers have robust risk management procedures. Because of the highly leveraged nature of spot forex transactions, there are unique risks which a manager must be aware of and which the manager must address. Managers will need to discuss their risk management programs with their attorneys. Instiutional investors, especially, will make sure that hedge fund management companies have strict risk management structures in place - this is likely to be a hot topic during the hedge fund due diligence process.

Registration Requirements for Forex Funds

Until this year the CFTC and the NFA had no authority to regulate managers who only traded in the spot forex markets. Congress passed the Farm Bill which provided the CFTC and the NFA with a mandate to register forex managers and associated persons. While final rules have not yet been promulgated, they will likely require all active owners and associated persons to have both a Series 3 exam license and a Series 34 exam license (there may be a grandfathering provision for those persons who were registered as APs prior to the passage of the Farm Bill).

Forex managers will also need to have their disclosure documents approved by the NFA – this requirement will apply to both managers who have separately managed account programs as well as Forex commodity pools. It is also likely that Forex managers will need to institute some sort of NFA compliance program and the manager’s lawyer or compliance firm can help design a Forex compliance program based on the firm’s specific structure.

Timeline

Because of the registration requirements and the disclosure document submission procedures, the time it takes to establish a Forex fund going forward is likely to be at least a couple of months from the date the manager passes the Series 34 exam. Additionally, based on the manager’s situation the timeline may be longer or shorter – the manager’s Forex lawyer or compliance firm will be able to provide more in depth guidance once the facts of the fund have been determined.

Forex Hedge Fund Prices

Like other hedge fund strategies, forex hedge fund pricing will be similar to other types of futures programs. For many managers, the best choice will be to go with a boutique law firm who will be able to draft the Forex offering documents as well as guide the manager though the Forex registration process. Depending on the law firm and the investment program the cost for establishing the Forex hedge fund will be anywhere from $15,000 to $20,000 or more. These costs may or may not include the registration process. If a manager chooses to go with a larger national law firm the costs will likely start at $25,000 or higher.

Offshore Forex Hedge Funds

Because of the worldwide popularity of off-exchange foreign currency trading, there are many Forex managers which are located in offshore jurisdictions and many non-U.S. investors who would like to invest in these programs. Many managers would like to create programs which are available for both U.S. and non-U.S. investors. Depending on the facts of the situation the manager may or may not need to go through the Forex registration process.

Introduction to Forex Hedge Fund Registration

Thank you for visiting our site devoted to all information on forex fund registration. This site will be devoted to all of the information on forex registration as it happens. We will also focus on many questions devoted to forex hedge fund formation for forex managers.

Forex Managers

We will provide all information necessary for forex managers to navigate the forex regulatory and compliance maze. This information will include how to register as a forex manager with the CFTC, how to take the Series 34 exam, and how to go through the NFA Membership registration process. We also will provide access to forex lawyers who can provide guidance on forex laws and regulations.

Forex Introducing Brokers

Forex introducing brokers are generally those persons or firms who provide advice regarding forex trading firms (also known as forex dealer members or futures commission merchants). These brokers provide guidance to forex managers and other forex introducing brokers and will be able to provide access to industry insiders. Forex introducing brokers are key to making strategic decisions regarding a forex business.

Forex Hedge Fund Formation

Forex managers will need a lawyer to help draft all of the forex hedge fund offering documents. The forex hedge fund process can take 3-6 weeks depending on a number of items including whether the maanger needs to register with the CFTC. Generally the hedge fund lawyer will provide the manager with the following documents:

1. Prospectus or offering memorandum
2. LP Agreement
3. Subscription documents

Additionally, the hedge fund attorney can help with other items like forex side letters. The forex attorney will help you establish your forex accounts as well.

Raising Capital for Forex Hedge Funds

In certain instances we will help forex managers raise capital for their hedge fund. Generally a manager will need to show a strong back office and a tested, proved forex investment strategy. If you are interested, please send us a copy of your returns and your offering documents.

Contact us for a Free Forex Consultation

Please contact us and we will discuss all of the important forex fund registration considerations.

Discussion about Forex Registration and the Series 34 Exam

Creating Series 34 Exam Prep Materials

One central issue in the investment management industry is increases in regulation of previously unregulated or lightly regulated activities. The major area which will see direct regulation within the next 12 months is the retail off-exchange foreign currency industry. As we have discussed, forex managers and those parties which solicit retail forex investors are is expected to have to register with the NFA as forex CPOs, forex CTAs or forex introducing brokers. As part of this process, individuals subject to registration are going to need to pass the Series 34 exam. This article will discuss the exam and the new exam prep materials I have been creating to help managers pass the exam.

Overview of the Series 34 Exam

The Series 34 exam is a brand new test created by the NFA at the very end of last year. I have talked with the National Futures Association (which is the self regulatory organization in charge of the forex registration process) and they have told me that individuals can now take the Series 34 exam. To take this exam individuals are going to need to submit a Form U-10, pay the $70 testing fee and sign up with either Pearson Vue or Prometric to actually take the exam. The exam is 60 minutes long, has 40 questions and requires 70% correct answers for successful completion. (www.series34exam.com)

Series 34 Exam Preparation Materials

There are very few Series 34 materials out there for managers to study from. I have talked with many different groups and they are planning on potentially releasing a Series 34 exam study guide, but these groups will be waiting until they are able to judge the demand for such a product. Of course we cannot know the demand for the product until the CFTC proposes its forex registration rules, but it is a safe bet that many forex managers will need to take the exam. Accordingly, I have started creating a free series 34 exam study guide for the general public.

The free series 34 exam study guide will provide an explanation of all of the major concepts that the NFA has stated will be covered in the exam. I have provided in depth explanations on the concepts through my own research through many available online resources. I believe that these materials will be strong, especially with regard to the regulatory requirements for forex managers – I have been reporting on these requirements now for over 6 months and have been able to cull together great resources.

In addition to the free guide, I will also have premium materials available for purchase. These materials will include an outline, notecards, and practice questions.

• The series 34 outline will be similar to an outline that you might see prepared for a law school exam – I have taken numerous exams (including many FINRA sponsored exams – Series 3, Series 7, Series 24, Series 63, Series 65) and have found that an outline is a great way to make sure all of the basic concepts are ingrained prior to taking the exam.
• The series 34 notecards will be an exact replica of the notecards which I will use to study. You can either print out the notecards and cut them out or you can copy the information onto individual notecards yourself. I would recommend you write out the information onto individual notecards – in this way you enforce the learning process. Probably my favorite way of studying is through notecards. I can take them with me anywhere I am going and then study them when I am in line at a store, on a bus, during a TV commercial, etc.
• The series 34 practice questions will be similar in style to the questions which you will expect to see on the exam. I am going to write practice exam questions before I take the exam based on what material I think will be covered in the exam. I am going to try to write toward areas of expected weakness so I anticipate the questions will be more difficult than those to be seen on the exam. Additionally, I plan to go back and add more questions after I take the exam to best reflect the nature and difficulty of the questions on the exam.

Information on How to Study for the Series 34 Exam

The ultimate goal of the above exam prep materials is to provide forex managers with the tools they need in order to pass the test on the first try. It is a waste of time and money to study and then not pass the test on the first time because of lack of preparation or study materials. If the manager does not pass the exam on the first try, they will need to wait 30 days before they can take it again; if a manager does not pass the exam on the second try, they will need to wait 60 days before they can take it again.

As I have coached managers through the test taking process numerous times before I understand what is needed to pass on the first time – it is simply not enough to only read an exam prep guide. You must read an exam prep guide and proactively study the concepts which will be tested. Very smart people have failed the regulatory exams because of not properly studying. You will need to over-study.

A common joke in the industry is that the perfect score is 70% because it means that you didn’t study too much to pass. If someone else is paying for you to take the exam, and if you are still considered “on the clock” if you take time off of work to go take the exam, then this thinking may be fine (if you don’t mind taking tests) – however, for busy forex managers your time is too valuable to waste by not passing on the first try. You should go into the test confident that you will pass and not hoping that you studied “just enough” to pass.

Series 3 Exam – A Pre-Requisite

While anyone can take the Series 34 exam, forex managers will likely need to have passed the Series 3 in addition to the Series 34 exam. [Note: the CFTC has not promulgated rules on this issue so this is not a for sure requirement yet.] I have taken the Series 3 exam and passed and provided more information here (general guidelines on how to study for a FINRA exam can be found here) – please review these articles in addition to the other resources linked on this page.

Timing of Materials Release

I should be able to release the materials later on this week. I am currently planning to take the exam sometime this week. I will update this article once the materials have been posted on our other websites. In the meantime, please feel free to contact us with any questions you might have.

Effective Date of Amendments to NFA Financial Requirements Sections 11 and 12 and the Interpretive Notice Regarding Forex Transactions

NFA has received notice that the Commodity Futures Trading Commission has approved changes to NFA Financial Requirements Sections 11 and 12 and related changes to the Interpretive Notice titled “Forex Transactions.” The amendments adopt an alternative net capital requirement for Forex Dealer Members (FDMs) and eliminate the existing exemption from the security deposit requirement. These changes will become effective on November 30, 2009.

The amendments to Section 11 revise the existing alternative net capital requirement that is based on an FDM’s liabilities to customers.¹ As of November 30, 2009, the alternative requirement is $20 million plus 5% of the amount of customer liabilities over $10 million. FDMs that exclusively use straight-through-processing for their customer transactions are exempt from this alternative requirement and need only maintain the $20 million minimum (unless the firm is subject to a higher requirement under FR Section 1).

The amendments to Section 12 eliminate the existing security deposit exemption for FDMs that maintain 150% of their required net capital. This means that, beginning on November 30, 2009, all FDMs must collect a customer security deposit of at least 1% for the currencies listed in Section 12 and at least 4% for all other currencies.²

Criminal Law Firm

A criminal law firm may be the only answer for someone caught in the web of law enforcement. Facing everything from DUI to treason, the accused will need a professional who knows her way around a courtroom. Attorneys do have a bad reputation but one is sitting in the defendant's chair, staring at what may appear to be a hostile jury, an expert barrister is as important as the next breath of air. A criminal law firm is lot like a cantaloupe; what one sees is not always what one gets, and so care must be taken in choosing one because reputation alone may not be the final need for a defendant. The place to start is with the crime for which one has been charged.

If a person has been charged with a misdemeanor, this is an offense of a lesser nature. In most cases it involves a fine, sometimes some time in a county jail and perhaps some community service. The jail times for a misdemeanor usually run from a few days to a few months, but often not for a first time offense. While a person's reputation may be harmed in just the filing of the charges, this is usually not of a nature that is life-threatening. In these cases, some defendants in misdemeanor cases may be more inclined to choose less expensive solo attorneys than one from a criminal law firm. It is not an across the board principle, but often solo criminal defense attorneys do not have the expense that legal firms will have. A group of attorneys must pay for administrative, paralegal, often advertising and investigatory help while the solo barrister may only have an administrative assistant.

When the stakes are raised with more serious crimes called felonies, there is often the imminent foreboding of a long time in jail, and sometimes the specter of the death penalty that propels a person to the consideration of using a highly successful criminal law firm for the defense. Highly publicized trials have raised the names of a number of trial lawyers to the household name status. In many cases, from that day forward, these attorneys are able to command millions of dollars in defense fees. Even the associates belonging to their firm can also demand higher fees just based on the association factor. An attorney once stood and asked Jesus what the greatest commandment of God was. Jesus answered him,"...Thou shalt love the Lord thy God with all thy heart and with all thy soul and with all thy might." (Matthew 22:37)

Most legal experts advise not waiting to engage legal counsel in a serious criminal matter like a felony. Once a defendant has been read his Miranda rights, he need not speak another word to a police officer until first speaking with a member of a criminal law firm or solo defense attorney. But even in this situation, members of one's family, if they are involved in this circumstance, should do some careful choosing in getting the right lawyer for the situation. Cost will obviously be a factor in the decision for many defendants. Unfortunately, the American legal system has developed to the place where the poor cannot usually afford the most experienced and successful attorney from a well know criminal law firm. At times, an attorney from the public defender's office who is over worked and very much under paid is the lawyer of choice.

When questioning an attorney, one of the first questions ought to be the cost. The attorney will want to know all about the case to extract from the story her basic fee estimate. And while the defendant will want the finest counsel possible, the economics may not be on his side. Lawyers from a criminal law firm may often charge a flat fee, especially if the charge is not going to produce a lot of hours of prep and court time. On the other hand, a two or three week trial may involve extensive investigation ahead of time, and perhaps the use of expert witnesses may drive the cost of defense to stratospheric heights. In the initial inquiry with the attorney, ways of paying can be explored to ascertain if her costs are within reach. Questions about one's experience will also need to be asked.

Perhaps where the attorney went to school, her toughest case, what her mentor taught her about the practice of law could all be fair questions in the vetting process. After all, in the end when all is said and done, more important than money is the need for many defendants to know that their defender is really interested in the case. Of course, a criminal law firm that is hired may provide a cold hearted attorney that gets the defendant off, but for many accused there needs to be an emotional connection with the barrister that can provide a modicum of trust in her tactics. There are cold hearted attorneys who are successful, and there are more personable and caring ones that are just as successful so a person ought to choose the type of lawyer with whom one is most comfortable. Remember that attorneys have a state bar association where complaints about conduct and mismanagement of one's case can be filed. A phone call to the bar association once an attorney has been chosen is a good idea to pursue for final peace of mind.

Business Tax Attorney

Companies often hire a business tax attorney to take care of the finances and to make sure that affairs are settled with the Internal Revenue Service at the end of each year. These lawyers that specialize in taxation can be the first defense for a business when it comes to navigating the tricky and intricate taxation laws. They can help a business make sure that an adequate amount of money is being paid each year to the government. Also, should any kind of legal action be taken by the government for money owed, a business tax attorney can go to court on behalf of the company. He can represent a case in court, should the need arise, can negotiate with the IRS, and can help the business owner devise a method of organizing finances in such a way that taxes are handled with knowledge and efficiency.

Just as any wise business owner would hire individuals with certain talents and qualifications who could do specific jobs, such as hiring a person with sales experience to sell the company's products, so should he consider thoughtfully hiring a business tax attorney in order to make sure that very important aspect of the company is not overlooked or neglected. Some, however, are hesitant to expend some of the company's budget on hiring a business tax attorney to help handle the corporation's finances. They mistakenly believe that they can handle the various nuances of tax law without having to enlist the aid of a professional. Or they seek accountants to handle all the work, believing that the expense of hiring a lawyer would be too great. While wanting to be conservative with the business' money is commendable, what many may not realize is that refusing to expend the cash initially may cost the company much more in the future.

Sometimes, people make the mistake of thinking that any attorney, regardless of the type of law he usually practices, can handle their tax issues. This could not be further from the truth. There are so many specialized fields of study in law that any other type of lawyer would not have the depth of knowledge required to adequately represent the company. A business tax attorney has to complete specialized courses in tax law; his studies primarily center around relationships between companies, the government, and finances. And while it is not a stretch to assume that all lawyers will at least be acquainted with the fundamentals of taxation law, considering the complexity of the field, a successful attorney will need to have more of an in-depth knowledge.

One of the most important things a person needs to consider when reviewing candidates and looking to hire a business tax attorney is the education of each of the lawyers. Obviously, a person's educational background matters, especially when that person is going to be fighting to keep the company out of financial and legal trouble. A business owner would be wise to hire a lawyer from a well regarded law school. Admittedly, if a lawyer did not attend a prestigious university, it does not mean that the individual is not adept at his job or fully capable of representing the company's interests. But choosing a lawyer who received his degree from a well known law school is the best way to hire someone who has trained under some of the brightest legal minds in the country and who obviously possesses a great deal of intelligence, which is of course a prerequisite to gaining admission to a high profile university.

Often, companies do not see the need for a business tax attorney until they are already in trouble with the government. If taxes are not paid on time, or are not paid fully, the owner of the company can stand to lose everything: his business, his assets, and sometimes even his freedom. When faced with the severe consequences that come after not having paid one's taxes, the best line of defense is to hire a capable, reputable lawyer to represent the case and the help prepare for what lies ahead. Even if the government is just auditing a person's company, having a lawyer can help in gathering paperwork and determining what needs to be done. Since these types of lawyers handle problems everyday in their chosen career, they are also best suited to helping navigate the obligations a company has to federal and state governments and resolving any issues that may arise. While having a lawyer does not necessarily mean that should a legal battle ensue between the owner of a company and the government that the owner will win, it does improve the chances of negotiation and reaching a settlement.

For a company, few things are more important than making sure that an organized finance department exists that can efficiently handle the distribution and payment of taxes. There are also few areas that are more complex and require more attention and fact-checking. Having to pay the government for any money received is unavoidable and is the responsibility of every American. "Render therefore to all their dues: tribute to whom tribute is due; custom to whom custom; fear to whom fear; honour to whom honour" (Romans 13:7). And not taking the obligation seriously can cause a host of problems for an entrepreneur. Often, people find that hiring a business tax attorney is the best way to protect themselves from making grave financial mistakes and to defend themselves against often hefty consequences should accidental errors occur.

Corporate Law Attorney

A corporate law attorney may be needed in many aspects of a business. Legal assistance may be required to properly incorporate a new company to ensure that the correct paperwork is filed with proper governmental agencies. Throughout a business's operation, attorneys may assist with a variety of legal tasks and negotiations. Should a business cease operation, attorneys may be needed to ensure that the dissolution of the company is appropriately and legally handled. Corporate law is a broad term and different attorneys that practice in this field may have very diverse duties. Some may work in firms that contract with other businesses to provide legal expertise and assistance. Others may work as in-house counsel to a particular company. A particular corporation may have attorneys on the payroll to handle routine matters, yet hire an outside corporate law attorney to handle a specific situation or issue. It's easy to see that a person may start a legal career as a generalist handling a variety of different matters and, over time, become a specialist in a niche area of business law.

Each of the fifty states has a governmental department of state that registers the corporations, both profit and nonprofit, operating in that state. When a person or a group of people decide to launch a new business venture, one of the first decisions that must be made is how the new company will be structured. Sole proprietorships and partnerships are relatively easy to set up, but forming a corporation is more complicated. A corporate law attorney can advise and assist the founding members to create a board of directors and write by-laws. The lawyer will also file the necessary paperwork with the state and ensure that the corporation is following all the state statutes and regulations. Similarly, a corporate lawyer can assist a group that wants to establish a nonprofit corporation with the required paperwork. Again, it doesn't matter whether the newly-formed corporation is a for-profit business or a nonprofit organization. Either way, when properly established, it becomes a legal entity that is separate from its owners. Corporations are taxed separately from stockholders or boards of directors and corporations can be sued separately from stockholders or boards of directors. A tax professional, such as an accountant, will be needed to help the new venture set up appropriate bookkeeping systems. In the case of litigation, a business's chief executive officer will most certainly want to seek the services of a corporate law attorney who can effectively advocate on the company's behalf.

A company's owners may establish their business as a privately held corporation, but then decide to go public once a certain level of growth has been reached. A corporate law attorney will almost certainly assist the current owners through the complicated process of issuing stock and the initial public offering. There are numerous federal laws and regulations that govern the process of "going public" and the owners would be foolish indeed to try to do something so complicated without adequate legal assistance. King Solomon once wrote that: "The foolishness of man perverteth his way: and his heart fretteth against the Lord" (Proverbs 19:3). Wise business owners understand that spending money on knowledgeable counsel in the present may save a lot of money in the future, especially on complicated legal matters. Another complex legal issue concerns mergers and acquisitions. When two or more companies merge to form a larger entity or when one business buys another, there are always complex negotiations that must be settled before the merger or acquisition can occur. A corporate law attorney that specializes in mergers and acquisitions will need excellent communication and negotiating skills so that she can have provisions included in the final contract that are favorable to her client.

Smaller businesses, even sole proprietorships and partnerships, may also need the services of a corporate law attorney for certain issues. For example, the owner of a donut shop may need legal assistance to help resolve local licensing and zoning issues so that he can open a second store at a certain location. Or perhaps the partners of a real estate firm are sued by a disgruntled former employer for alleged discrimination. The partners will have to hire an attorney to help fight the wrong accusations in court. Owners of companies that are too small to keep a lawyer on the payroll or to retain the services of a legal firm on an ongoing basis may not know where to turn when legal assistance is needed. A good place to start a search is the office computer. The owners may find information that helps them with their situation on websites that offer free legal advice. If a corporate law attorney is needed, the owners can search for one in their area via one of the many website directories that are now available. When a company needs to shut its doors, either because of bankruptcy or some other reason, attorneys can help take care of filing the needed paperwork with the appropriate governmental authorities, ensure that all liabilities are paid, and appropriately dispose of any assets. In the case of bankruptcy, an attorney may assist in preparing documents for the bankruptcy court and in meeting with creditors to negotiate repayment plans. Only the tiniest of businesses can begin, thrive, and dissolve without legal assistance somewhere along the way. For most companies, a lawyer will be a helpful resource and a strong advocate along the way to succes

Truck Accident Lawyer

A truck accident lawyer is a legal specialist who investigates, counsels, and represents victims of these devastating accidents usually involving a truck and a smaller vehicle with the aim of recovering medical costs, loss of income, property damages. Moreover, if a loved one has been lost, these lawyers fight to obtain some degree of compensation for this. "And when David heard that Nabal was dead, he said, Blessed be the LORD, that hath pleaded the cause of my reproach from the hand of Nabal, and hath kept his servant from evil: for the LORD hath returned the wickedness of Nabal upon his own head. And David sent and communed with Abigail, to take her to him to wife." (1 Samuel 25:39). When a victim has a qualified truck accident lawyer handling the case, they can be sure of the best possible result because these attorneys are thoroughly familiar with all the aspects of defending against the trucking industry.

Seeking the counsel of a truck accident lawyer before speaking with anyone connected with the trucking firm is vital to the victim's case, and this contact should take place as soon as possible. In order to gain a fair settlement or successful lawsuit, one needs legal counsel right from the start, especially where medical records are concerned. For example, most people don't realize that it is very ill-advised to sign any type of medical release form on their own. Namely because upon signature insurance adjusters then have the legal right to consult with one's physicians outside their presence. A qualified, experienced attorney will immediately initiate an investigation into the accident after cautioning their client to refrain from communicating with the trucking firm, and especially not to issue any kind of statement. These attorneys are familiar with the Vehicle Code laws, and have a thorough understanding of how to extract the maximum advantage from them in order to defend the client.

Despite the fact that they happen every single day, most people are unaware that there are actually several different types of these accidents. Indeed, one traffic accident out of every eight involves a truck. Before contacting a truck accident lawyer, the victim should try to determine as best they can which type of accident they were involved in. Because this will assist the attorney's speed and competence in initiating their case. However, if one is unable to help in this way, the attorney will be able to piece the situation together as a result of their investigation of the incident. The most common type is called a rollover which can occur if control of the truck is lost and it progresses sideways. During this progression, a number of things can get in the way and cause the truck to roll over, for example, a guardrail. Understandably, this type of accident, which can also be caused by an 80,000 lb truck traveling at high speed making a sharp turn, has an extremely high number of fatalities.

Some people may be surprised to learn that in addition to physical injury, a truck accident lawyer may also seek damages for emotional injury. In fact, some lawsuits have been filed based on emotional trauma alone. Indeed, it is the rare truck accident victim who experiences only physical trauma. Although it may take more time to surface, emotional injuries affect drivers and passengers involved in truck accidents on various levels. For example, a driver may discover great difficulty getting behind the wheel of a vehicle, and this difficulty can last for a very long time. Depending on one's daily commitments and livelihood, this type of damage greatly affects vital activities of daily living, as well as income capabilities.

Although largely discounted in the past, many truck accident lawyers conduct lawsuits encompassing both physical and emotional injury. As a matter of fact, it can often be the case that long after the physical effects of the accident have healed, the emotional damage is still present and can even get worse as time goes on. Therefore, psychologists as well as physicians are very often engaged in assessing the true range of trauma suffered by a truck accident victim for their emotional protection. In some cases, the ordeal of going through a lawsuit brings the extent of emotional damage to the surface. So because of the need to exhibit a coherent client, even if a victim denies emotional damage, these attorneys still tend to promote the advantages of psychological treatment and/or medication in order to ensure that the client is able to maintain their composure while the case is presented.

All things considered, immediately hiring a truck accident lawyer is the swiftest remedy for the tremendous toll that these frightening collisions take on victims who usually experience them in smaller, much more vulnerable vehicles. Also in the interest of time, one must realize that laws governing when a suit may be filed differ from one state to another. And too, one's memory of the events will be most detailed and therefore better able to assist the attorney gathering the case. Choosing a truck accident lawyer who is not only wise but also inspires one's confidence is extremely important. Because during the often long recovery period the victim should minimize the amount of emotional stress experienced. In this way, whether one is the driver or passenger injured within the smaller vehicle, the additionally painful process of enduring a legal battle will be as smooth a ride as possible.

Workers Compensation Attorney

Fortunately, a workers compensation attorney is available to assist injured workers who otherwise would have great difficulty obtaining the proper amount of damages, if any. "He was a widow's son of the tribe of Naphtali, and his father was a man of Tyre, a worker in brass: and he was filled with wisdom, and understanding, and cunning to work all works in brass. And he came to King Solomon, and wrought all his work." (1 Kings 7:14). This is because a proper claim needs to be filed concerning an accident or incident related to a job, and consulting a workers compensation attorney is the only way of ensuring the case will be presented competently. These damages include wages lost because of the injury, medical coverage for the care required as a result of the incident, as well as the rehabilitation involved until the worker can resume their job.

Workers compensation applies not only to an incident occurring within the workplace, it also applies if a worker comes to harm while away from the job on company business. In fact, a person has the right to compensation if injured even while out on their lunch break. Although the laws vary from one state to another, the basic concept of what employers and employees can expect is the same. Before engaging a workers compensation attorney, one begins by reporting what happened to their manager. The next step is to fill out what is called an incident report. Treatment at a medical facility follows this where another form must be filled out. Both these forms are then sent to the workers compensation office. After this, a claim adjuster examines the situation. This adjuster's approval is required in order to receive medical compensation. In the case of such a claim, every single medical visit and treatment must be carefully documented. Namely because the adjuster is responsible for monitoring every aspect of the care provided in connection with the incident.

From the very outset, it is important to discuss the matter of cost with one's workers compensation attorney. Because not only is the attorney's fee involved, there is also the cost of conducting the lawsuit. While the basic cost is between fifty to one hundred dollars, this amount can quickly increase. The initial cost is usually just for obtaining the related medical records. However, one may very well need to bring in one or more expert witnesses who charge varying amounts for their services. Even time spent researching related matters on the Internet will become part of the cost. Moreover, the amount owed for any exhibits the lawyer has to construct for presentation in court is included, as well as fees charged by court reporters. Even the cost of photocopying, which can surprisingly add up, becomes part of the bill. Fortunately for most, at this initial stage the attorney usually takes care of this bill. When the matter is settled, these costs are paid back to the attorney in addition to his fee for handling the case.

For the most part, workers compensation attorneys concentrate their professional efforts in this area alone. Because specializing in this field requires both general legal knowledge and medical education. Therefore, these attorneys are equipped to comprehend and conduct cases involving occupational diseases as well as accidents. Furthermore, workers compensation attorneys are usually qualified to recommend the appropriate medical professionals suited to handle the treatment of a client's particular ailment. Often, the medical personnel recommended will be well versed in the type of evidence the attorney needs to put together the case. And too, clients often find that, until the matter is resolved, these recommended professionals continue providing the necessary paperwork even though they postpone their billing.

Whether the issue is with an employer or with the government, finding an experienced and trustworthy workers compensation attorney to file the claim is extremely important. The many details involved demand that the matter be carefully weighed and examined by a qualified attorney. If a person has a regular attorney, asking their opinion as to which reputable lawyer they would recommend to handle the case could be helpful. There are a number of legal websites that have FAQ's, or frequently asked questions, where an individual can discover a lot of information pertaining to their own situation. Furthermore, these websites usually have a form where questions can be posed that a legal expert will answer. Also, a person can avail themselves of directories where lawyers are listed by specialization and city. Naturally, searching the telephone directory to find bar associations which usually give attorney referrals is a good idea. However, bear in mind during the search that these lawyers may further specialize in representing either employers or employees.

Finally, after each consultation with a workers compensation attorney, it is helpful to make a few notes assessing that meeting. First off, deciding whether or not the attorney truly inspires one's confidence is vital. If the lawyer seems unfamiliar with the specific situation, or if they are unable to explain the legal case in a way that can be understood, or if they are highly reputable but impatient and rude, then it would be best to continue searching. After all, there is no charge for the initial consultation. And by the way, there is also no need to pay a retainer for assistance with compensation claims. Most often, these attorneys are paid a percentage of the recovery amount in addition to the costs of the case. Beware of lawyers who need a week or more before the initial meeting, because it is a sign that ones case will be crowded in with many others, and probably not receiving the amount of time it deserves. In conclusion, remember that this quest for compensation could very well last over a period of years: obtaining the proper result depends heavily upon selecting the right attorney one can trust every step of the way.

Wrongful Death Malpractice

The term wrongful death malpractice is actually the combination of two areas of law. The first part is one area of law that deals specifically with compensation for death caused by such things as negligence or misconduct. Both negligence and misconduct will be more extensively defined later in this article. Wrongful death lawsuits are usually brought by a family member or legal representative of the deceased. The death can be caused by another individual, a corporation, or any type of organization. The second part of the term, malpractice, is also a specific legal term. However, it is directly related to lawsuits which allege that doctors or other medical professionals made mistakes during the course of treating the injured person. Generally speaking, mistakes include misdiagnosis, mistreatment, delayed diagnosis, failure to diagnosis, surgical errors, and other medical errors. Malpractice can also be the result of any various types of negligence. Consult an attorney with questions about whether or not a death may be attributable to negligence or misconduct because not all errors in medical treatment or diagnosis are necessarily considered malpractice.

According to some online legal websites there are certain risks and margins for error inherent to the practice of medicine. Even if the person dies as a result of medical malpractice, it may not always be obvious at first. Christians must not be too hasty in making judgments. Gather all the available facts first and then consult an attorney. Proving malpractice can be difficult. Basically, the idea behind a wrongful death malpractice lawsuit is that the people who were dependent upon the deceased were also injure. They may have been dependent for both financial and emotional support. Who can sue for compensation varies from state to state and legal jurisdiction to jurisdiction. States determine who is permitted to bring a wrongful death malpractice suit. Many states allow only a spouse or children of the deceased to file a suit. It would be impossible to give an accurate estimate of the amount of damages a person might receive in a case. Awarding damages is a complex process.

Under most circumstances, survivors can sue for medical bills that were paid to care for the person, as well as for burial expenses. But keep in mind that the idea behind a wrongful death malpractice suit is that the survivors have been injured as well. Therefore, determining the amount of damages to be awarded also requires careful consideration of what income and assets the deceased person might have earned in the future had he or she lived. Also, pain and suffering experienced by survivors as a result of a loved one passing away may also be considered. Pain and suffering are subjective. So, it's obvious as to why calculating damage awards can be complicated. Determining a person's potential worth over time isn't as easy as it may sound, and damage awards based on pain and suffering could very well be dependent on how a judge or jury views the plaintiff. Christians seeking monetary damages for pain and suffering should attempt to keep things in the proper perspective. Pain and suffering is a frequent topic in the Bible.

Christ suffered one of the most painful forms of execution ever devised my man. Job suffered considerably as well, but he still kept his faith in God through his ordeal. God's reward was eternal, not material. Cash damages for pain and suffering are without a doubt material and will be depleted over time. Therefore, Christians should first seek comfort from God who redeems all. "The troubles of my heart are enlarged: O bring thou me out of my distresses. Look upon mine affliction and my pain; and forgive all my sins. Consider mine enemies; for they are many; and they hate me with cruel hatred. O keep my soul, and deliver me: let me not be ashamed; for I put my trust in thee. Let integrity and uprightness preserve me; and I wait on thee." (Psalms 25: 17-21)

Determining negligence will most likely be at the center of any wrongful death malpractice lawsuit. Again, negligence is a specific legal term. Basically, it is a failure or breach of duty of care by a doctor or other medical professional. Nurses, therapists and any other person involved in the care of a patient may be found to be negligent. If a doctor fails to provide an adequate level of care for a patient, then he or she may have been negligent. However, it is very important to remember that all medical errors are not the result of negligence. There are various legal obstacles to navigate in order to prove negligence and wrongful death malpractice. One online law firm lists four steps to successfully proving negligence. First, it must be proven that the doctor had a duty to the deceased. Second, the doctor failed to fulfill his or her duty, which resulted in a breach of duty. Third, the death was caused by the doctor's breach of duty. Finally, the survivor's family or dependents are damaged as a result of the loss of the individual.

Misconduct in a wrongful death malpractice case is the failure of a doctor or other medical professional to provide appropriate care to a patient either through ignorance, negligence or criminal intent. Misconduct can include law violations, regulations, and professional standards. These cases are time sensitive. For the most part, the statute of limitations clock starts winding down from the time of the incident. Wrongful death malpractice cases will have a different statute of limitations then other negligence or malpractice cases. Consult an attorney for details because every wrongful death statute, medical malpractice or otherwise, includes a statute of limitations. Limitations restrict the time between the wrongful death and the time legal action can be initiated.

Using a Federal Criminal Defense Lawyer

he same general principles apply to hiring a federal criminal defense lawyer as apply to hiring any other criminal lawyer. It is highly recommended that any person hiring a lawyer to assist with federal criminal charges or grand jury proceedings retain a lawyer who has significant experience with the federal system.

The Federal Criminal System

The federal criminal system is in many ways like the state system, but it has some very significant differences. One difference is that the typical United States Attorney's office, responsible for prosecuting federal criminal charges, has significantly more time and resources to direct to any given prosecution than would a state prosecutor.

Federal prosecutors also typically have better academic credentials than state prosecutors, and many have a great deal of latitude in selecting the cases they wish to prosecute through the federal courts. Save for crimes which occur on federal land, those cases which fall exclusively to the jurisdiction of a federal prosecutor tend to be of an interstate nature, and are more likely than a state prosecution to be legally and factually complex.

As a result, federal criminal defense tends to involve cases which are more difficult to defend, and the cost of defense is often very high. In each federal jurisdiction there is also a Federal Defender's office, which can provide legal representation to indigent defendants.

Federal Criminal Investigations

If you are contacted by the federal authorities in relation to a criminal investigation, the first thing you must attempt to determine is if you are being contacted as a potential witness or as a suspect. The second thing you must determine is what statements you can safely make to the authorities without potentially falling into a trap, such as being charged with lying to federal agents. Consider for example the case of Martha Stewart, who was acquitted of any direct criminal wrongdoing but spent time in prison for making false statements to federal investigators.

A federal criminal defense lawyer can help you assess the nature and purpose of the investigation, and why you are being approached. While you should expect your lawyer to instruct you to provide honest answers to any questions from the federal authorities, your lawyer may be able to guide you around any potential traps or pitfalls. When appropriate, a federal criminal defense lawyer can be present during any questioning, act as an intermediary between you and the investigating authorities, or advise you to exercise your Fifth Amendment privilege against self-incrimination. If appropriate, a federal criminal defense lawyer may be able to work out a deal where you will cooperate with the investigation, in return for more favorable treatment when the investigation is concluded. In appropriate cases your lawyer may also be able to secure a letter of declination, in which the U.S. attorney formally declines to prosecute you in relation to a particular offense or investigation.

Grand Jury Testimony

When a person receives a subpoena to testify before a grand jury, as with an investigation, it is not always apparent whether the person is being subpoenaed as a witness or as a potential target for indictment. As with an investigation, a federal criminal defense lawyer can help a grand jury witness determine the likely purpose of the subpoena, how to avoid potential traps and pitfalls when providing testimony, or when to "take the fifth". The lawyer may also be able to work out a deal for immunity, or for use immunity (meaning that the testimony provided before the grand jury cannot be used to advance a criminal prosecution against the witness), in relation to the testimony.

Federal Criminal Proceedings

It is helpful during federal criminal proceedings to be represented by a lawyer who is familiar with the federal rules of evidence, federal rules of criminal procedure, trial procedure, and the federal court system in general. The lawyer should also be familiar with federal sentencing procedures, and with the recent Supreme Court rulings which affect sentencing. It helps to have a defense lawyer who is familiar with the U.S. Attorney's office which is handling the case, and ideally some familiarity with the federal investigative agency which spearheaded the investigation.

There is no such thing as a highly qualified federal criminal defense lawyer who dabbles in federal court matters. Lawyers either know federal criminal defense, or they don't. If you are involved in the federal criminal system, make sure your lawyer, or at least one of the lawyers who will be serving on your defense team, has extensive experience with the defense of federal criminal charges. As previously noted, federal criminal defense tends to be very expensive. You will be paying for specialized experience - so make sure you get it.

Private Criminal Defense Attorneys, Court Appointed Attorneys and Self Representation

In criminal cases, if incarceration is a potential outcome of a criminal case, all defendants must be provided a court-appointed attorney. Defendants, however, may elect to use a private criminal defense attorney or elect to represent themselves in criminal proceedings.
However, the use of an attorney or lawyer provides numerous benefits to defendants, which at first may not be as obvious as they seem. The benefits of using any attorney during your criminal case include:

• Cooperating and negotiating with prosecuting officials, who may refuse to address defendants representing themselves
• Promote pre-trial diversionary programs for defendants
• Provides defendants with a comprehensive and objective view of the potential fallout and other aspects of their criminal charges and pending cases
• Understanding, interpreting, and implementing defenses based on less than obvious court and other legal precedents per their legal experience and research
• Informs defendants of the future fallout from a guilty plea, including civil liability, earning an income, strike legislation, and other stigmas against ex-convicts
• Objectively present expert witnesses, contradicting statements made by prosecution witnesses, and even independently interview eyewitnesses and victims

How to Use Self-Representation in Criminal Cases

Overall, self-representation is typically highly unsuccessful in criminal cases, and in reality, a very small percentage of individuals actually elect to self-represent. Defendants are allowed to request to represent themselves, however, a judge must determine that they are not legally competent based on factors such as age, educational background, English-speaking ability, and the seriousness of the charges faced. Sometimes, individuals may elect to represent themselves, while retaining legal counsel, or “coaching”. In cases of public defenders, a defendant’s best decision is to accept representation from a public defender, but remain active in their case, which may require requesting access to legal books and other court documents while on trial, even if incarcerated. Self-representation, without any form of legal guidance or counsel is a bad strategy for a number of reasons, including:

• Self-defendant’s anxiety and inability to present cases to a jury seemingly in an objective manner
• Convictions are not a light matter for most crimes and may result in years of incarceration
• Self-defendants with previous criminal records are viewed unfavorably by jurors
• Self-defendants, unless otherwise trained, typically are not practicing or experienced in law
• Self-defendants are not guaranteed, but typically granted, access to legal materials and books

How to Use Private Defense Lawyers in Criminal Cases

Private criminal defense attorneys often operate in a specific geographic location and serve the interests of private clients for strictly criminal matters. In most cases, a practicing criminal defense attorney has held a public position in the government court system before turning to private practice. Often, these attorneys work alone or in connection with a group of partners. The problem with getting a private defense lawyer for most defendants, however, is their cost. Most private defense attorneys require payment, or partial payment, upfront for their services, which may follow a number of billing schedules. This factor is probably the foremost reason not every defendant utilizes a private criminal defense attorney. If you can afford private defense representation, you now face several other hurdles, including finding the right private criminal defense attorney to defend your case.

Choosing the right criminal defense attorney is extremely stressful for defendants facing criminal charges, who virtually are putting their freedom in the hands of a stranger in many cases. Additionally, cost becomes an issue in many defendants’ decision to work with a given private criminal defense attorney. Some important questions to answer before electing to go with a given attorney should be posed, including:

• Has the attorney defended against similar criminal charges as those you are facing?
• When and where did this experience occur?
• What were the outcomes of these cases?
• How much time can a lawyer dedicate to your case, both personally and via their staff?
• How communicative is the lawyer and willing to hear your input, suggestions, and concerns?
• What is the individual strategy a given attorney has for defending your case?
• Are there any reasons, events, or any other factors that may negatively influence or hamper an attorney’s ability to work exclusively in your best interest?

How Much Does a Criminal Defense Attorney Cost?

The cost of a criminal defense attorney greatly varies, depending on a litany of factors, including:

• The nature and number of charges you are facing
• The location of your case
• The level of experience an attorney posses

There have been studies to assess the average cost of mounting a criminal defense, and according to one study done by Consumer Reports, the median cost was $1,500. Before even selecting an attorney, defendants will want to assess that particular attorney’s method of tabulating fees. One method attorney’s utilize is billable hours, which essential assign a negotiated pay rate per hour to your case that an attorney dedicates. Additionally methods include case billing, which is a fixed amount charged per case according to the terms you and your attorney draw up before making the agreement. Most attorneys will require a retainer fee, or money upfront, before they commence working on your case. Determining the cost, what services you can expect, and any other variable is carefully noted in your attorney-client agreement, which should be scrutinized before any agreement is made.

How to Use Court Appointed Lawyers in Criminal Cases

Not all criminal defendants are entitled to lawyers at government expense. In fact, each state and municipality possesses individual laws pertaining to the qualifications to receive a public defense. In most cases, a defendant must request a court-appointed legal defense and submit to a financial eligibility questionnaire to determine the financial feasibility of mounting a private defense. The financial eligibility is based on the sole individual’s income, and the determination will not take into account your spouse or other family members’ financial status. Additionally, the courts determine an individual to be partially indigent, which allows for partial reimbursement of legal defense costs at the conclusion of a trial typically at significantly reduced rates.

Individuals should keep in mind that some states offer court appointed attorneys, while others offer free legal representation for qualified indigent defendants through a public defendant or indigent panel attorneys. Many individuals may feel cheated when being represented by a public or court-appointed defender, but statistically speaking, private defense attorneys on a whole typically only produce marginally better conviction to dismissal rates. Additionally, public defender’s often have extensive knowledge of the specific court system your case is being tried in, and may even have established personal connections with virtually every party present, aside from the jury, at your trial. This can go a long way during plea bargaining negotiations and obtaining non-required permissions from the presiding judge.

Defendants cannot select the public defender or court appointed attorney that represents them in most cases. If a defendant feels their attorney is working against the case, or does not respond to the defendant’s requests, a defendant can request different counsel through Motion for Substitution of Attorney. Typically, unless there exists concrete evidence of malpractice, bad faith and dealing, or a lack of communication caused by the public defender, judges frequently deny these motions. Another option for defendants is to request their public defendant to motion for voluntary request for a substitution, which judges frequently approve.

Criminal Defense

Criminal Defense laws are some of the most important in the US. Not only are they designed to ensure a fair trial for anyone charged with a crime, but they are designed to ensure that innocent people are not sentenced to punishment for a crime they did not commit. When facing penalties including steep fines, jail, or even prison time, it's extremely important to have legal counsel with experience in the criminal process.

Arrested: Defendants Rights at Arrest

Can Law Enforcement Make Warrantless Arrests?

Typically, there are only two circumstances where an officer can make a warrantless arrest, which include:

• If an officer is present when a crime is committed, a warrantless arrest may occur
• If an officer has probable cause to believe a given suspect perpetrated a felony, either in or outside of the officer’s presence

Other situations, known as “exigent circumstances” allow an officer to make an arrest if they believe a suspect to be an immediate threat to themselves, the officer, or other civilians. Also, if an officer is in active pursuit of a suspect, warrantless entry and warrantless arrests can occur until the pursuit and factors surrounding the pursuit are determined.

Illegal and Justified Use of Force during Arrests

First, an officer apprehending a suspect typically must follow a procedure known as “knock and notice”, which makes police announce their presence, give occupants time to come to the door, and prevents law enforcement from barging into your home unnecessarily. However, “knock and notice” procedures can be ignored for different reasons, including:

• Eminent danger to persons inside a dwelling
• Active or hot pursuit of suspect
• Believe that announcing presence could afford suspect time to destroy evidence
• Believe that announcing will put officers’ safety in danger due to resistance of arrest

The amount of force an officer is allowed to legally use during an arrest is generally determined by the amount of resistance a suspect offers. The courts determine if force used was “excessive” or “use of unnecessary force”. However, depending on the situation, an officer has several non-lethal and lethal choices to protect him or herself and complete an arrest. Generally, law enforcement can only use lethal force if a suspect points a weapon at officers, is about to commit a violent felony, or threatens the safety of third parties. For many cases, being in a car chase immediately endangers the safety of officers and third parties; therefore, use of lethal force is permissible.

How to Make a Citizens Arrest

Your best bet is to not. Realistically though, almost every state provides citizens the right to make an arrest if they personally see the commission of a crime, or have probable cause to believe a suspect committed a felony. However, detaining your “suspect” might actually be considered false imprisonment or even kidnapping if you violate someone’s legal rights in the process. That is just the criminal liability you may endure. In addition, there is the question of civil liability you may incur from detaining your “suspect”. Some states, however, have specific laws allowing individuals to protect their “domain” or home and property with lethal force. In addition, if any individual threatens your safety, you can use lethal force to prevent this from happening. Making a citizen’s arrest of a person that threatened your safety would be hard to prove however, if you managed to gain full control and custody of that person. Typically, the courts look extremely harshly at citizen arrests and are not too thrilled about individuals actively exercising these rights.

Booking and Bail Process

How Booking Works

Defendants arrested for a crime must be booked following their arrest and prior to posting bail. During the booking process, an official arrest record is made. This process will record a number of things about a defendant, including:

• Recording defendant’s name and the arrest charges they face
• Making photo records of the defendants, or taking their mug shot
• Removal of all personal items from suspect, which will be returned upon release
• Recording of suspects fingerprints
• Submission to a body search ranging from a frisk pat down to a strip search
• Assess whether or not a defendant has outstanding warrants in other jurisdictions
• Screening of arrestees for contagious diseases such as tuberculosis or identifying those that are HIV positive or with AIDS

Arrestees are not entitled to an attorney during the booking process, and any evidence or statement they make during the booking process can be used against them later. The courts will appoint an attorney for all critical legal proceedings, but per the court’s ruling, the standard booking procedure is not a critical legal proceeding. Additionally, most states allow suspects to make one or more local phone calls following the completion of the booking process.

How to Arrange Bail

Bail is some form of cash or collateral held in escrow by the courts in lieu of allowing a defendant to remain free until the resolution of their criminal case. Acceptable mediums of bail include cash, property at the value of the cash value of the bond, and collateral provided by friends or family members. In addition, defendants can purchase a bail bond for usually a ten percent non-refundable premium to secure their release. Defendants can arrange their own bail without the assistance of a lawyer.

The amount of the bail arrangement depends on the crimes one is suspected of committing. The amounts vary by jurisdiction, as well as on a case-by-case basis based on the severity of the crime. Typically, defendant’s first court appearance, either a bail hearing or an arraignment, is when a bail amount is determined. Defendants can negotiate the terms of the bail arrangement with a judge themselves or via their attorney. Sometimes, bail arrangements come with restrictions on movement, activities, or mandatory rehabilitation. If these conditions are violated, your bail may be revoked.

If you are out on bail, but do not appear for a scheduled court appearance, you will face criminal and economic penalties. First, your bail amount will be confiscated, and you probably will be in contempt of court and now a fugitive from justice. This will not help your defense in any manner possible.

The Own Recognizance Release

In some instances, arrestees may be released on their own recognizance. This means that a suspect has signed a written document promising to appear before the courts at scheduled times and to abide by the conditions of their release. Many times, the charges that you can be released on your own recognizance are less severe, and individuals without a criminal past or inclination to flee are given preference in being released on their own recognizance. Additionally, jail overcrowding has allowed some defendants to be released on their own recognizance more frequently than in the past. Defendants or their attorney can request release on own recognizance during the arraignment of bail hearing, and in turn, will want to provide enough supporting evidence to convince a judge that this is a feasible option for the defendant.

Benefits of a Structured Settlement

One significant advantage of a structured settlement is tax avoidance. With appropriate set-up, a structured settlement may significantly reduce the plaintiff's tax obligations as a result of the settlement, and may in some cases be tax-free.

A structured settlement can protect a plaintiff from having settlement funds dissipated, when they are necessary to pay for future care or needs. Sometimes a structured settlement can help protect a plaintiff from himself - some people simply aren't good with money, or can't say no to relatives who want to "share the wealth", and even a large settlement can be rapidly exhausted. Minors may benefit from a structured settlement as well, such as a settlement which provides for certain costs during their youth, an additional disbursement to pay for college or other educational expenses, and then one or more disbursements in adulthood. An injured person who has long-term special needs may benefit from having periodic lump sums with which to purchase medical equipment or modified vehicles.

In some situations, it will be better for a severely disabled plaintiff to set up a special needs trust, rather than entering into a lump sum or structured settlement. Any plaintiff who is receiving, or expects to receive, Medicaid or other public assistance, or the guardian or conservator entering into a settlement on behalf of a disabled ward, should consult with a disabilities financial planner about their situation before choosing any particular settlement option or structure

Potential Disadvantages of Structured Settlements

Some people who enter into structured settlements feel trapped by the periodic payments. They may wish to purchase a new home, or other expensive item, yet be unable to muster the resources because they can't borrow against future payments under their settlement.

Some people will do better by accepting a lump sum settlement, and investing it themselves. Many standard investments will give a greater long-term return than the annuities used in structured settlements.

Selling a Structured Settlement

If you have a structured settlement, you may have been approached by a company interested in purchasing your settlement, or may be curious about selling your settlement in return for a lump sum buyout. About two thirds of states have enacted laws which restict the sale of structured settlements, and tax-free structured settlements are also subject to federal restrictions on their sale to a third party. Also, some insurance companies will not assign or transfer annuities to third parties, to discourage the sale of structured settlements. As a consequence, depending upon where you live and the terms of your annuities, it may not be possible for you to sell your settlement.

Keep in mind that companies which buy structured settlements intend to profit from their purchase, and sometimes their offers may seem quite low. You may benefit from approaching more than one company in relation to the sale of your settlement, to make sure that you obtain the highest payoff. You also want to be sure that the company which wants to buy your settlement is established, well-funded, and reputable - you don't want a fly-by-night outfit to obtain the rights to your annuities but to disappear or go bankrupt before paying you the buyout money. You may have to go to court to get a judge to approve the buyout. It is usually a good idea to consult with a lawyer before entering into an agreement to sell your settlement.

Special Considerations

Any person entering into a structured settlement should be on guard for potential exploitation in relation to the settlement:

Excessive Commissions - Annuities can be highly profitable for insurance companies, and they often carry very large commissions. It is important to ensure that the commissions charged in setting up a structured settlement don't consume an inappropriate percentage of its principal.

Overstated Value - Sometimes, after negotiating a particular settlement figure, the defense will overstate the value of a structured settlement. As a result the plaintiff, in accepting the settlement, in fact obtains a significantly lower dollar value than was agreed upon. Some defendants have nominally paid the full amount of the settlement, knowing that they would later obtain significant rebates from the annuity companies they used. Plaintiffs should consider compariing the fees and commissions charged for similar settlement packages by a variety of insurance companies, to make sure that they are in fact getting full value. A plaintiff may wish to make it a condition of the settlement that the defendant will actually pay the full value of the settlement in setting up the structured settlement, and that any rebates received by the defendant for annuities included in the settlement be payable to the plaintiff.

Self-Dealing - There have been cases where the plaintiff's lawyer is also in the insurance business, and sets up a structured settlement on behalf of a client without disclosing that the attorney is purchasing the annuities from his own business, or is pocketing a large commission on the annuities. Similarly, there have been situations where the plaintiff's attorney has referred the client to a particular financial planner to set up a structured settlement, without disclosing that the financial planner will be paying the attorney a referral fee in relation to the client's account. Make sure that you know what financial interest, if any, your lawyer has in relation to any financial services sold or recommended by the lawyer.

Life Expectancy - It is unfortunate, but many people who receive large personal injury or workers' compensation settlements will have a shortened life expectancy as a result of their injuries. It is important to consider life expectancy in association with any structured settlement, and to consider whether it is appropriate to enter into an annuity where payments will cease upon death. Sometimes it will make sense to insist upon an annuity that pays a minimum number of payments, or one that will pay a balance into the plaintiff's estate, such that the value of the settlement is not lost to an insurance company upon the plaintiff's untimely death.

Using Multiple Insurance Companies - For larger settlements, it often makes sense to purchase annuities for a structured settlement from several different companies, dividing the settlement between those companies. This can provide you with protection in the event that a company that issued annuities for your settlement package goes into bankruptcy - even in the event that one of the companies defaults in part or in full on your settlement payments, you would still receive full payment from the other companies.

What Is a Structured Settlement?

Sometimes when a plaintiff settles a case for a large sum of money, the defendant, the plaintiff's attorney, or a financial planner consulted in association with the settlement, will propose paying the settlement in installments over time rather than in a single lump sum. When a settlement is paid in this manner it is called a "structured settlement". Often the structured settlement will be created through the purchase of one or more annuities, which guarantee the future payments.

A structured settlement can provide for payment in pretty much any schedule the parties choose. For example, the settlement may be paid in annual installments over a number of years, or it may be paid in periodic lump sums every few years.

Car Accidents - Who is at Fault?

Fault is one of the biggest, if not THE most critical element, in any car accident claim. The person at fault is the person whose negligence caused the accident, and that is the person who typically must pay for the damage caused by his or her negligence. If the circumstances surrounding your accident make it clear that one person was clearly at fault, then read no further! One of the related articles listed below should be your next stop. If, however, liability is not entirely clear or if there is shared fault, then fault is apportioned between the persons determined by the specifics of the law in your state (see below) on comparative or contributory negligence. When liability is shared in an auto accident, it is the insurer’s turn to determine the relative percentages of fault of the parties involved.

What is Comparative or Contributory Negligence?

Historically, if two people were involved in an accident and the injured party was even the slightest bit at fault, he or she would not be entitled to recover anything for his/her injuries or losses. This way of determining damages is known in legal circles as pure contributory negligence. For example, say Luther and Martin were involved in an accident. Luther hit Martin’s car while making a left turn onto a 2-lane street at night. Luther didn’t see Martin’s car because even though it was night time (and a dark one at that), Martin was not driving with his headlights on. Under a pure contributory negligence theory, Martin could not recover damages for his injuries because he was partially at fault for the accident. Sound pretty harsh? Actually, some states still follow this rule (Alabama, District of Columbia, Maryland, North Carolina and Virginia).

But most states now use some proportional form of comparative negligence that allows an injured party to recover some damages for his or her injuries, even if he or she was partially at fault. There are currently three variations: Pure comparative fault; proportional comparative fault at 51%; proportional comparative fault at 50%.

Pure Comparative Fault

In states that have adopted pure comparative fault as a measure of damages, if an injured person is partially at fault for causing his own injuries, his damages are reduced by the percentage of his fault. For example, say Michelle was injured in a car accident for which she was 80% at fault. Damages for her injury amount to $10,000. Michelle will be entitled to recover $2,000 for her injuries, that is, $10,000 less 80% or $8,000 for her percentage of fault. States: Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota and Washington.

Proportional Comparative Fault at 51%

The states that have adopted proportional comparative fault bar recovery if you are more than 51% at fault for the accident. In other words, you cannot file a liability claim and lawsuit against the other driver’s negligence if you were more than 51% at fault. For example, Dennis hit Teri’s car while driving in excess of 25 miles per hour over the speed limit while Teri was attempting to cross the road. Even though Teri was partially at fault for not waiting until the road was completely clear before crossing, the insurance company allocated fault to Dennis at 60% due to his excessive speed. Even though Dennis suffered a broken arm from the accident, he is not entitled to recover for his injury due to the fact that he was more than 51% at fault for the accident. States: Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Wisconsin and Wyoming.

Proportional Comparative Fault at 50%

In states that have adopted the 50% bar standard in resolving auto accident claims, an injured person that is less than 50% at fault for the accident is entitled to compensation. If the injured party is 50% or more at fault, he or she is not entitled to recovery for the injury. For example, Richard and Susan accidentally hit each others’ cars while backing out of their parking spaces at exactly the same time. Both were not looking carefully enough when they backed up, and so both were deemed equally at fault for the accident. Neither one will be entitled to damages since both were 50% at fault for the accident. States: Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Oklahoma, Tennessee, Utah and West Virginia.

How is Percentage of Fault Determined?

After an accident, it is the job of the insurance company claims adjuster to assign the relative degrees of fault based on the circumstances surrounding the accident. There is no secret mathematical formula for determining percentages of fault in accident injuries. You and the claims adjuster will negotiate and come to some agreement as to what, if any, your allocated fault is. Here is where an experienced personal injury attorney can come in handy. He or she will know how to assess the accident and advocate for the lowest percentage of fault on your behalf. If you and the insurance adjuster reach an impasse, a court of law is ultimately your next step to resolve the issue of fault.

Fault and Car Insurance

Insurance companies often offer extra coverage/protection (for extra money) to help pay for property damage and/or personal injury and medical expenses regardless of fault. So if you are injured in an accident that was mostly your fault and you are not entitled by law to compensation from the other person’s insurance, but you have extra coverage under your own policy, your insurance company will pay for your injuries. This extra coverage is called PIP (personal injury protection) or No Fault coverage. Under this scenario, you would file a liability claim with your own insurance carrier for medical bills and lost income, up to a specified maximum, without any discussion or disagreement about the circumstances of the accident and who was at fault. Whether you can file for further expenses against the other person who was at fault in the accident depends on your state’s laws. In many states, Uninsured/Underinsured coverage is required. This provides coverage for damages resulting from an accident with someone who either has no insurance or does not have enough insurance to cover your expenses. It also protects you if the other person flees the scene after the accident or is a driver of a stolen car.

Beyond the damages suffered, the degree of fault is probably the most important factor in determining how much you may finally recover for your accident injury. In most cases, both you and the insurance company will know (by the circumstances surrounding the accident) the level of fault for both parties. Was the other party completely at fault? Mostly at fault? Or only a little at fault? If you are in a comparative fault state, an adjuster will reduce your recovery amount by your percentage of comparative fault. If you were only 10% at fault, your damages total will be reduced by 10%. Your recovery will not be reduced by any amount if the accident was clearly someone else’s fault.

What You Can Expect to Recover for Property Damage in Auto Accident Cases

In the car insurance world, property damage is defined as damage to your vehicle (car, truck, SUV, etc.). The types of coverage that will pay for damage to your vehicle include collision, comprehensive, and sometimes, depending on the company, uninsured/underinsured motorist.

What You Can Recover

When your car is damaged in an automobile accident and you have coverage, your insurance company will either pay for repairs or “total” your vehicle. When an insurance company totals a vehicle, the vehicle is considered a complete loss and the insured is paid cash value for the vehicle. The actual cash value (ACV) is the cost to replace the vehicle with a vehicle that is of like kind and quality, etc., subtracting an amount that accounts for the totaled vehicle’s depreciation (age and wear and tear).

While it may seem like your car would have to be a complete wreck, a smoking heap, to be deemed totaled, in fact, this determination is made more on the basis of the cost of repair and the car’s worth. A car will be considered totaled if the repair costs exceed a certain percentage of the car’s worth. The percentage will differ from company to company, but usually ranges from 51% to 90%.

What To Do If You Disagree That Your Car is Totaled

Once your car is deemed totaled and you are paid actual cash value for it, your car is taken to a salvage yard where it is auctioned off. Then it is usually chopped up for parts. If you love your car, actual cash value may not seem like an equitable deal to you. When you sign a contract with your insurer, it is agreed between the two of you that the insurer will not have to pay out more than the car is actually worth. But the insurer also agrees to make you whole by placing you in the same spot (relatively speaking) as you would have been without the accident.

If you really want to keep your car, you can take the actual cash value from the insurance company, minus deductibles (in your policy) and minus what the insurer would have gotten at the salvage yard. You can then keep your car and make the repairs yourself. If you decide on this route, let the claims adjuster know right away. Once the car has gone to auction, it is much harder to get it back.

What You Can Expect to Recover for Property Damage in Auto Accident Cases

An auto accident insurance claim always begins with an accident. If you are involved in a car accident, there are some very important things you should do at the accident site to the extent you can. At the first opportunity, you should report the accident with your insurance carrier and begin the process of filing a claim. After you have submitted your claim, a claims adjuster (someone who works for the insurance company and deals exclusively with claims) will either call, write or email you regarding your claim. He or she will then look at your policy to determine the types of coverage you have, deductibles, and any coverage limits that may affect your claim.

If your claim is simple (i.e., fault is not at issue, the damage was minimal, and little or no medical treatment was necessary), the adjuster may have you get an estimate for repairs and then send you a check. You will have to fill out some paperwork, but you may not have to meet with the adjuster in person. If your claim is more complicated (for example, liability is unclear, you do not have enough coverage in your policy, or you do not agree with your adjuster’s settlement offer), then the negotiation process will take longer.

Investigating Your Automobile Accident Claim

In relatively complicated injury accident claims, adjusters typically must do some investigation in order to adequately assess the insurance company’s liability. The adjuster will comb through your policy and possibly contact witnesses to the accident, the other party to the accident, look at the police report if there is one, take photographs of the damages and scene of the accident and generally investigate your medical expenses by sending out requests to your medical providers for information regarding your treatment. If you are seeking to have medical bills covered, the adjuster will send you a medical authorization form for the release of your medical records.

The Settlement Offer

Once the adjuster has investigated your claim and looked at your policy, he or she will typically send you a settlement offer. The settlement offer will tell you what the insurance company is willing to pay on your claim. It could be all, it could be part, it could be none. This opening offer is typically on the low side. After all, the adjuster’s job is to save his or her employer money. But the adjuster also wants to close a case and thus is typically allowed a settlement range that offers room for negotiation. See When the Adjuster’s Settlement Offer is Too Low.

The Demand Letter

If you are confident about how much you think your claim is worth, you can preempt the adjuster’s settlement offer with your own settlement proposal (demand letter). Your demand letter would outline fault (if an issue), damages and ask for a certain amount to settle your claim.

So, should you make a demand first, or wait for the offer? See Making a Demand or Waiting for a Car Insurance Offer and Settling Your Car Insurance Claim: How to Write a Demand Letter.

Negotiating with the Claims Adjuster

If you’ve already received an opening offer from the adjuster, keep in mind that opening offers for settlement are almost always on the low side. Whether or not you think the offer is reasonable, read When the Adjuster’s Settlement Offer is Too Low for more information on how to evaluate that opening offer. Then, unless you’re willing to go with that opening offer (knowing that it’s too low) without an argument, you will ultimately need to negotiate with the adjuster for a higher settlement. See Negotiating Your Car Insurance Settlement.

If Your Auto Accident Claim is Denied

If your claim is denied in whole or in part, there could be many legitimate and reasonable reasons. Most have to do with limits in your coverage. You can check the denial letter against your policy to see if the denial seems legitimate or not. If you still think your claim was unfairly denied, read When Your Car Insurance Claim is Denied for more on what you can do next. But whatever you decide to do, don’t wait too long to do it. If you sit on your claim for too long, you may lose the right to sue in court to get your recovery. Each state has a statute of limitations (a time limit for filing a lawsuit in court). In most states, the statute of limitations for personal injury claims is 2 or 3 years, but could be shorter or longer. An attorney will be able to advise you.

Car Accidents Involving Government-Owned Vehicles and Government Workers

It is difficult to sue the government—federal, state, city or town, county—but it can be done. A government entity enjoys protection under a doctrine known as “government immunity” or “sovereign immunity” (both terms are used interchangeably). The laws over the years have established the situations where you can sue (and cannot sue) the government, including personal injury accidents caused by a government employee.

To put this in perspective, in most cases you have a right to sue the person legally responsible for injuries you suffered in a traffic accident. You are entitled to be made whole by the wrongdoer, which means to be paid for your medical expenses, associated damages, and property damage (or to have damaged property replaced). However, in dealing with government and government officials such as a police officer, a firefighter, an ambulance driver, a mail carrier, etc., you may find yourself holding the bag in the event of an accident, even if you were not in the least at fault.

Sovereign (or Governmental) Immunity

Incidents involving government vehicles are governed by the Federal Tort Claims Act. The FTCA provides a limited waiver of the government's sovereign immunity when it's employees are negligent within the scope of their employment. The government can only be sued "under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred." 28 U.S.C. S 1346(b).

Governmental Immunity and Car Accidents

One of the more common exceptions to government immunity (where the government may be liable for its actions) is vehicle liability, when government employees are involved in auto accidents. These typically include emergency vehicles, such as police car pursuits, fire trucks rushing to a fire, or ambulances rushing through intersections to get to the hospital. Non-emergency accidents are also possible, like being rear-ended by the public school bus or side-swiped by a city public works landscape truck.

Government immunity laws in accident cases differ from state to state. The threshold for proving driver responsibility and fault is significantly higher when you’re suing the government (such as proving gross negligence) than what is required in a typical accident case involving a private individual. Cases involving emergency vehicles are even more complicated. The rules are typically different when a real emergency is involved. In real emergencies, the government is given great latitude to respond. But the level of latitude can also differ depending on whether or not the emergency vehicle had its sirens and lights on in a way that allows the emergency crew to respond while preserving the public’s safety.

If you collided with a mail truck and the mail carrier was at fault, you would sue the U.S. government under the Federal Torts Claims Act because the carrier is a federal employee.

Filing a Vehicle Accident Claim Against the Government

If you are seeking compensation from the government for damages caused by one of its employees, you will likely need to file an administrative claim with the government entity (city, county, state or federal) first. Most government entities give very little time in which to do this, usually between 30-180 days. Don’t miss this deadline or you may lose your right to recover for your damages. Some government units have a claims form that you can fill out and return to the clerk’s office of the government agency responsible for your accident. You may have to plug in a dollar amount on the claim form to settle your claim. If you must give a settlement figure, be sure to carefully calculate all the damages you may be entitled to recover as you may be limited to that amount in any future lawsuit. You will be sent a letter if your administrative claim is denied. You can, however, still sue the government in a court of law. The letter will tell you how much time you have to file a lawsuit.