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What is my first line of defense against mortgage foreclosure?

Carl E. Person

When a person feels like there is going to be a crisis coming up because of sickness or loss of job, loss of income, and therefore they won't be able to continue paying their mortgage, they should think ahead of time, maybe even six months in advance, see an attorney and talk with the attorney and see whether it is not appropriate now to stop paying the mortgage and save that money- fourteen months worth of mortgage payments. Use that to defend the action and then to obtain from the bank a modification agreement once they are in foreclosure. I am Carl Person. I'm a New York lawyer, and my job is to help people stay in their homes.

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attorney: Carl E. Person


What is a mortgage foreclosure defense?

Carl E. Person

A mortgage foreclosure defense is a way by which a home owner, that owes money to the bank, can keep the home. Number one, a foreclosure action, at least in New York, takes about 14 months. So in a 14 month period, the borrower is able to stall, hold off and forcing the bank to reach a modification agreement hopefully. So these defenses, however, have to be bonafide. For example, a defense that the mortgage broker and the bank were engaged in fraud and were charging a higher interest rate to the borrower than the borrower should have been paying. Often leading up to hundreds of thousands of dollars a year of extra charges. We can defend and do something about that and stop the foreclosure and that's the kind of thing I am urging people do. I'm Carl Person. I'm a New York lawyer and my job is to help people stay in their homes.

tags: mortgage foreclosure defense NY loan modification debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


When should I initiate a mortgage foreclosure defense?

Carl E. Person

The right time to begin a mortgage foreclosure defense is before the bank is even thinking about foreclosure. The best defense is to anticipate when you will need a foreclosure. I say when the borrower needs a foreclosure. This is something the borrower isn't thinking about. The borrower is trying to avoid a foreclosure; but, in fact, many borrowers should seek a foreclosure and plan ahead. I'm Carl Person, a New York lawyer and a fighter to keep people in their homes.

tags: mortgage foreclosure defending loan modification debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


Will a loan modification negotiation stop my mortgage foreclosure?

Carl E. Person

A loan modification process - that is negotiating a loan modification between the borrower and the bank - you would think would stop the foreclosure proceeding, but it generally does not. That foreclosure proceeding is racing along. And the people at the bank are not calling up the law firm every day advising them on the thousand different foreclosures of what’s going on. The law firm that was told to get a foreclosure is proceeding with a foreclosure, where as the homeowner believes that in talking with the bank and negotiating, there is no foreclosure. That is contrary to what’s happening. They’re going to lose the property. I’m Carl Peron, a New York lawyer and a fighter, to keep people in their homes.

tags: loan modification bank foreclosure mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


What is my 2nd line of defense against mortgage foreclosure?

Carl E. Person

The second line of defense in a mortgage foreclosure situation is to retain an attorney to file an answer, and do so within 20 days after the summons and complaint have been served. This is critical. It is easy to defend a foreclosure action if you do the defense in a timely basis. It is exceedingly costly and difficult if you have allowed the defense to go by the boards. Don't do it. Defend the action, hire the attorney, pay the money, and you will be sitting a lot better than if you let it go until later and then try to resurrect your situation. I am Carl Person, a New York lawyer and a fighter to keep people in their homes.

tags: foreclosure defense 2nd defense loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


What is a loan modification?

Carl E. Person

In New York, as in other states, a loan modification is where the bank and the borrower reach an agreement, which generally reduces the monthly payment that the borrower has to make. In some cases, they throw that unpaid amount at the far end, so that the length of the mortgage is more it's greater length in order to pay back the money that isn't being paid today, but all that is subject to negotiation. I'm Carl Person, and a New York lawyer and a fighter to keep people in their homes!

tags: loan modification definition mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


Bankruptcy or a mortgage foreclosure defense?

Carl E. Person

The issue arises whether people should just file for bankruptcy or deal with a foreclosure action. My feeling is that if you have two options, don't use both of them at one time. I think there's an orderly progression. I think, on one hand, fight the foreclosure and if that doesn't work, then deal with bankruptcy. But I view the foreclosure proceeding as the first thing to do and I urge people to plan ahead and kick off the foreclosure by stopping payment when you know that you won't be able to pay any longer. I'm Carl Person, a New York lawyer and a fighter to keep people in their homes.

tags: mortgage foreclosure bankruptcy loan modification debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


Do I qualify to mount a mortgage foreclosure defense?

Carl E. Person

If a person is sued in a foreclosure action, they're invited by the summons that they receive to put in a defense. A defense will include various reasons why the bank should not win. Various things they've done wrong and the banks we now know have done many things wrong. Previously, like a year ago, the court probably wouldn't look at half of this. But now the courts are looking at it and we are aware that the banks do wrong in many cases. Some of these wrongs translate into defenses and a lawyer can help the person that sued to maintain those defenses. I'm Carl Person, a New York lawyer and a fighter to keep people in their homes.

tags: mortgage defense foreclosure qualifications loan modification debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


How does a loan modification work?

Carl E. Person

Loan modification works when you have the borrower and the back agreeing to making a change in the mortgage payments. The facts that are being considered are: Does the borrower have the capacity to pay at the reduced rate? Is the value of the property less so that it's no longer fair to hold the borrower to the higher value because for some reason the borrower may no longer be liable for any deficiency? Various factors need to be brought into play - they negotiate it out; reach a loan modification agreement and that way the homeowner stays in the property and usually pays a reduced monthly rate. I'm Carl Person; I'm a New York lawyer, and my job is to help people stay in their homes.

tags: loan modification process mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


How is a mortgage foreclosure defense like smart business?

Carl E. Person

When a borrower has a mortgage and knows there's going to be trouble ahead, the borrower should look ahead like anyone in business would that sees bad times coming and they should start adjusting their financial policy, which means in the case of a mortgage, consider whether you should stop paying earlier now, rather than paying until you have no money left. So smart business tactics would be stop paying, force a mortgage foreclosure proceeding and then defend. And then usually reach a negotiation and settlement that will allow the property to be brought back to a performing status. I'm Carl Person, I'm a New York lawyer, and my job is to help people stay in their homes.

tags: mortgage defense foreclosure smart loan modification debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


When is it smart to initiate your own mortgage foreclosure?

Carl E. Person

A person should initiate his or her own mortgage foreclosure when the person sees that they can't pay the mortgage for six months from now. Stop paying now and that is the initiation of mortgage foreclosure proceedings. And by the way, as a condition for modification, many banks require you to be in default. Don't pay up your mortgage and then think you're going to get a modification agreement. I'm Carl Pearson, I'm a New York lawyer, and my job is to help people stay in their homes.

tags: mortgage foreclosure self initiated loan modification debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


How can a lawyer help me with my mortgage foreclosure defense?

Carl E. Person

When a person is sued in a mortgage foreclosure proceeding sometimes they say I have no money therefore I'm going to represent myself. It's a big mistake. A New York lawyer can do many things for you, for example there are perhaps 22 different defenses that could be brought to bear on your behalf. And, you don't know what they are, but an attorney can figure them out based upon the facts that you present. You need an attorney. I'm Carl Person, a New York lawyer, and a fighter to keep people in their homes.

tags: mortgage foreclosure attorney role loan modification debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


Who best qualifies for a loan modification?

Carl E. Person

The person who best qualifies for a loan modification agreement in New York is somebody that is asking for a very slight change and who is capable of paying everything that they promise in the new agreement to pay. But that is not what people want who are facing a huge increase in the monthly payment. They want a huge decrease in the monthly payment. Somewhere between a small amount and a huge amount of decrease is where the negotiations lie. The bank may only be willing to reduce it by $750 a month and the borrower may want a $1,500 reduction per month, so if they can't reach an agreement then court will be the one, once the bank goes into court and you file an answer defending the foreclosure action, the bank is more apt to accept the more onerous agreement. I'm Carl Person. I'm a New York lawyer and my job is to help people stay in their homes.

tags: loan modification who qualifies? mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


What is a loan modification?

Howard | Nassiri, LLP

Well, a loan modification is just that. It's a modification of the terms of the existing loan. The borrower stays in the same loan, but the terms are changed. Typically, we're dealing with an interest rate reduction where the interest rate is lowered to bring the payment down. Another way the loan can be modified is by extending the terms, so a thirty year loan can be made into a forty year loan to bring the payment down a little bit more that way as well. Another common thing that we're starting to see is principal reductions, where the actual amount that the borrower owes is lowered by sometimes tens of thousands of dollars, sometimes a hundred thousand dollars to get the price of the monthly payment down to a point where the borrower can actually afford the payment. My name is Damien Nassiri, I'm a partner in the Law Firm Howard and Nassiri. We're based in Southern California and we help people save their homes. If you've been the victim of a predatory loan or you're facing foreclosure, give us a call.

tags: loan modification definition mortgage debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP


Should I negotiate a loan modification myself?

Carl E. Person

A person that wants a loan modification can do it himself and runs the risk that the bank can ask questions which the borrower might not be able or want to answer at that point. But, if the borrower hires somebody to do this negotiation for him then there's a certain step away which makes it possible that the agreement can be reached more readily. On the other hand if you just defend the lawsuit the attorney that you hire will be the one to, to negotiate the modification for you. I'm Carl Pierson, I'm a New York lawyer and my job is to help people

tags: loan modification negotiation mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


How can a loan modification help me?

Carl E. Person

In New York a loan modification could work like this: Let’s say that we have a homeowner that’s paying $4,000 a month, after having paid $2,500 a month for two years. Suddenly the, the monthly payment goes up to $4,000 because of the kicking in of the variable rate. At the same time, this borrower has had a reduction in income, so he can’t pay the $4,000. You then talk with the bank, either directly or through an agent, and see if you can’t reach a modification agreement that will prolong the, the payment period and reduce the present monthly payment. This can be done, and the bank wants people to call when they’re in trouble and see if there can be an arrangement like that. I’m Carl Person, a New York lawyer, and a fighter to keep people in their homes.

tags: loan modification benefits mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


Can I defend my own mortgage foreclosure?

Carl E. Person

The question often arises whether somebody should defend a mortgage foreclosure action himself or herself, particularly when they don't have money. I say to these people this: stop paying your mortgage when you know you're going to start having trouble in the future. You're going to have enough money then to hire a lawyer. Don't do it yourself! Because it's so tricky, even for a lawyer, that you don't want to be - run the risk of losing your property. Hire a lawyer and do it quickly. I'm Carl Person, I'm a New York lawyer, and my job is to help people stay in their homes.

tags: mortgage foreclosure self-defense loan modification debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


Loan modification company or a loan modification attorney?

Howard | Nassiri, LLP

Loan modification companies a lot of times are the same mortgage brokers who put the bars, was in the bad loans in the first place. They're no longer writing mortgages so they flip over and become loan modification companies. And I've had lot of clients come to me and tell me Dave paid thousand of dollars to some loan modification company that didn't do anything to them. So that's the key difference is that, that even if they do something for you, all the modification company is ask for a new loan as long as a lawyer can demand it. If you can't get it, we'll go to court. My name is Damian Nasirri. I'm a partner in a law firm Howard Nassiri, we're based in Southern California and we help people save their homes. If you've been a victim of a predatory loan or you're facing foreclosure, give us a call.

tags: loan modification who can help? mortgage debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP


What is your experience as a foreclosure defense attorney?

Carl E. Person

My name is Carl Pierson, and I am a Attorney in New York State. I am admitted to the Federal and State Courts in New York State, and I have various admissions elsewhere throughout the country. I'm a graduate of Harvard Law School, I graduated as the Magna Com Laudi at Long Island University, and I was the Student Council President there. My efforts for many years have been in law. I have more than forty years of litigation experience across the board in a variety of different types of matters. And I'm bringing all of that to bear on this new phenomenon, the crisis that we have in America of foreclosures. I'm trying to deal with them in the best way for the benefit of the people that are losing their homes. Because they don't have to lose their homes, there are protections. For example, New York State is not by accident the state which has the longest period of time for a foreclosure to take place. It was done deliberately in order to prevent people from being thrust out of their homes merely because the bankers are tired of having them live in their homes. So we set up obstacles, and that creates a 14 month period, roughly, for a person to be still in his home even when though he can't pay the mortgage. We've done that deliberately. In California, however, there is a non-judicial foreclosure. And they don't even go into court. When you lose your home in California, the bank puts a sign on your front lawn, they have a bus that takes people by your property, and then they sell your property. And that's a non-judicial foreclosure in Arizona, New Hampshire, California and other states. So New York is the longest state, and the best protected, the state that has the best protection for it's residents. I'm Carl Pierson, a New York lawyer, and a fighter, to keep people in their homes.

tags: mortgage foreclosure experience loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


How do loan kickers contribute to mortgage foreclosures?

Carl E. Person

Loan kickers contribute to mortgage foreclosures because the bank sets up a loan in such a way that a foreclosure is generally expected, and therefore, we ought to take away those things in a mortgage that contribute to the foreclosures. And the kickers I have described, uh, is what should be taken away. They shouldn’t be allowed to build in, uh, the, the expectation of foreclosure. I’m Carl Person, a New York lawyer, and a fighter to keep people in their homes.

tags: mortgage kicker problems loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


When is it too late to mount a foreclosure defense?

Carl E. Person

When the property is sold as a result of a court order or when the property is sold in a non-judicial foreclosure, it's pretty much too late to initiate something. On the other hand, yesterday a matter came into me in which, even though the property is sold, we're going to try to undo the sale because the bank never served the owner of the property. And, as a result, the bank bought in and the bank still holds the property. And I think that we can undo the foreclosure because of the failure to serve the persons on the mortgage. I think we can undo it even after the sale has taken place. I'm Carl Person. I'm a New York lawyer. And my job is to help people stay in their homes.

tags: mortgage foreclosure too late loan modification debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


Can I negotiate a loan modification myself?

Howard | Nassiri, LLP

Anyone can negotiate a loan modification. The problem is, is that these lenders are so bombarded -- and they are still a little bit reluctant to give the loan modification -- that a lot of times the borrower can the runaround. And the borrower will submit a loan modification application, and the lender never calls them back. Or if they do the lender gives them bad news because their house is worth less than what they owe. And so they give - they tell them they can't get the loan modification. What a lawyer can do is step in and enforce that right. A lawyer can file a lawsuit under the new California loan modification law and have the judge order the loan modification. My name is Damien (sp?) Nassiri. I am a partner in the lawfirm Howard Nassiri. We are based in southern California, and we help people save their homes. If you have been the victim of a predatory loan or you are facing foreclosure, give us a call.

tags: loan modification self-serve mortgage debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP


Should I stop paying my mortgage if I'm near foreclosure?

Carl E. Person

If you're running out of money and the question is should you stop paying your mortgage, the answer is see an attorney, describe what's happening, and the attorney should consider whether you should stop paying it and precipitate a foreclosure so that you can save the money that you do have for the next fourteen months and be able to pay an attorney to defend yourself, so that yes a person could do this and should at least see an attorney to decide whether or not it's appropriate. I'm Carl Person, a New York lawyer and a fighter to keep people in their homes.

tags: mortgage foreclosure good defense loan modification debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


How can a loan modification lawyer help me?

Howard | Nassiri, LLP

A loan modification lawyer can help a client get the best loan modification possible because only a lawyer can enforce that right to a loan modification under the new California civil code section the California loan modification law. If the borrower or loan modification company asks the lender to give them the new loan that's all they can do is ask for the loan.The loan modification lawyer can ask for the loan and if the loan modification is not given the loan modification lawyer can then file a lawsuit in the court and enforce the right that the borrower has the right to a loan modification. My name is Damien Nassiri and I'm a partner in Howard Nassiri. We're based in Southern California we help people save their homes if you've been the victim of a predatory loan you're facing foreclosure give us a call.

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attorney: Howard | Nassiri, LLP


Who's eligible for a loan modification in California?

Howard | Nassiri, LLP

The new California loan application law was passed September 8, 2008 and it covers all mortgages,uh, origninating from January 1, 2003 through December 30, 2007. Uh, Any loan, it could be a purchase or a refinance the borrower just has to be in default or default is reasonable foreseeable and what that means if their payment is about to go up due to an adjustment in a their interest rate that's someone who's default is reasonable foreseeable and the borrower has to be living in the home.If they meet those criteria then the new California loan law covers their situation and they are entitled to a loan modification. My name is Damian Nassiri and I'm a partner in a California law firm Howard Nassiri. We're based in Southern California and we help people save their homes. If you've been the victim of a preditory loan or you're facing forclosure give us a call.

tags: loan modification eligibility mortgage debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP


Will I have to go to court to do a loan modification?

Howard | Nassiri, LLP

A homeowner in California can attempt a loan modification on their own. But, there is nothing that the homeowner in California can do to force the lender to give them a loan modification unless they go to court and sue. That's the unfortunate reality of it is that the lenders a lot of times are not going be giving the loan modifications because they would rather try and foreclose. Someone in California who wants a loan modification, if they can't get it on their own, should go see a lawyer because a lawyer can enforce that right and sue and go to the court and ask the judge to order the loan modification. My name is Damien Nassiri, I'm a partner in the Law Firm Howard-Nassiri. We're based in Southern California, and we help people save their homes. If you've been the victim of a predatory loan or you're facing foreclosure, give us a call.

tags: loan modification court mortgage debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP


When is the right time to initiate a mortgage defense?

Carl E. Person

The bank determines when the foreclosure preceding begins, but the borrower has an opportunity of deciding for himself or herself when he or she wants the bank to begin this. And the way its done is that a borrower realizes that six months from now, I don't have any money. I'm not going to be able to pay the foreclosure or pay the mortgage in six months. So why spend all of your money between now and six months and give the bank everything you have. Stop paying! Right now! Stop paying. Precipitate a foreclosure right now and you will have fourteen months of not having to pay the mortgage and you can then force the bank, if you have appropriate circumstances, you can force the bank into reaching a modification agreement which right now, today, they won't give you! That's why you're here talking with me, because the bank won't give you a modification. Let's force them to do it by bringing them into court, force them to sue you, you defend and then you can have the relief you are seeking. I'm Carl Person. I'm a New York lawyer and my job is to help people stay in their homes.

tags: mortgage foreclosure defending loan modification debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


How long does it take to get a loan modification?

Howard | Nassiri, LLP

A loan modification can take anywhere from one month to six months. Typically it involves negotiations back and forth with the lender, and every lender is different just like every loan is different. So, some lenders are a little bit more willing to work with you, others are not. But usually what we do in our firm is we propose a loan modification to the lender, it involves income analysis, expense analysis, it gives a real good snapshot to the lender of what this borrower can afford. We point out to the lender what the fair market value of the property is and that usually is going to encourage the lenders to reduce the principle and the interest rate within a three to six month time frame. My name is Damien Nassiri, I'm a partner in the law firm Howard and Nassiri, we're based in Southern California, and we help people save their homes. If you've been the victim of a predatory loan or your facing foreclosure, give us a call.

tags: loan modification how long? mortgage debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP


How can I afford an attorney to help with foreclosure defense?

Carl E. Person

When people want to keep their house, they think that paying the mortgage every month as long as they can and holding on to the house that way. That's a mistake. They give away their last cent to the bank and they have nothing left with which to defend themselves. So, thinking ahead when you are going to run into a foreclosure situation, precipitate it yourself by stopping payment. Use that money to higher a lawyer. You don't pay during the 14 months of the foreclosure proceeding and you make the bank come to the bargaining table and hopefully get an agreement. I am Carl Pearson, I am a New York Lawyer, and my job is to help people stay in their homes.

tags: mortgage foreclosure attorney fee loan modification debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


Can I get a loan modification on a second home in NY?

Carl E. Person

Carl Person: A person with a second home mortgage can get a modification. The bank is concerned because the person that owns the home doesn't live in it. But if the person that owns the home can demonstrate that the property is rentable and has been rented, and can support a lower rate than is now being charged; the bank will consider whether they should reach a modification agreement, and maybe they'll add more money at the far end but you can modify anything by agreement. I'm Carl Person, I'm a New York lawyer and my job is to help people stay in their homes.

tags: loan modification second home mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


Can I get a loan modification on my second home?

Howard | Nassiri, LLP

You can get a loan modification in California on a second home. Ah, the new California loan modification law does not cover, ah, rental homes or second homes. But, as you go forward and as time goes by, a foreclosure is a foreclosure whether it is a second home or first home. So, if the lenders are smart, they’ll give you a loan modification. You can’t necessarily sue for that but you can certainly ask for a loan modification. And if you make them a reasonable proposal, a lot of times they'll listen. My name is Damien Nassiri. I am a partner in the law firm Howard Nassiri. We’re based in Southern California and we help people save their homes. If you've been a victim of a predatory loan or you’re facing foreclosure, give us a call.

tags: loan modification second home mortgage debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP


How will the new California loan modification law help?

Howard | Nassiri, LLP

The new California Loan Modification will help any borrower who is in default or default is reasonably foreseeable. And if the anticipated recovery to the lender under the loan modification exceeds the recovery that the lender would get form a foreclosure, then the lender is instructed to give a loan modification. It's going to help save a lot of homes. The California Legislature has realized that this an urgency statute. In fact, those words are in the law and says that we have got to stop the foreclosures from rising. We've got to do something about the problem and do something to stay in their home and make the payment. My name is Damian Nassiri. I'm a partner in the law firm Howard & Nassiri. We're based in Southern California and we help people save their homes. If you've been the victim of a predatory loan or you're facing foreclosure, give us a call.

tags: loan modification new CA law mortgage debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP


How will a loan modification help me keep my house?

Howard | Nassiri, LLP

A loan modification can help you keep your house because it can get you back on the track of making your mortgage payment every month. It really is going to help the borrower who is in default and is several months behind on their loan, get back in the position where they can afford the monthly payment. And usually this is only a couple hundred dollars, maybe a thousand dollars. If we can get that payment down by that amount, the borrower should be able to make the payment. Most of these borrowers have gone into default because they've gotten themselves into these adjustable rate mortgages that have just adjusted a little bit too high for their monthly budget. If we bring it back in a little bit then they should be able to get back on track and stay current. My name's Damion Nassiri. I'm partner in the law firm Howard Nassiri. We're based in southern California and we help people save their homes. If you've been the victim of a predatory loan or you're facing foreclosure, call us a call.

tags: loan modification keep your house mortgage debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP


What's most difficult about being a foreclosure attorney?

Carl E. Person

The difficult thing about my practice is that I represent people in distress, and distress is an economic situation. They have less money. They have less faith. They have...they're scared they are going to lose everything they have, and they come to me and they want me to help them. I can't help everyone that is in that dire circumstance. The best thing they can do is come to a lawyer--me or some other lawyer when they first have a foreclosure action against them. Then we can help them inexpensively and do a much better job than when they come belatedly. Or, they should get in there early and advise them to stop paying their mortgage so that they don't waste their money, and that they can precipitate a foreclosure and a modification more readily by doing it quickly, by stopping payment. That is what people need to know, and they don't know this. Instead, they talk with the bank, and the foreclosure is taking place. The foreclosure is going to happen. The faceless person at the bank does not call up the law firm and stop the foreclosure. They think it happens that way. I don't see it happening that way at all. So, the foreclosure is racing along, and then it's in default. And then they come to me saying that, "Oh my God, I'm gonna lose the property." What these people need to know in advance is that they don't have to lose a property that way, and it is not expensive to defend a foreclosure action if you do it timely. I'm Karl Pierson, a New York lawyer and a fighter to keep people in their homes.

tags: mortgage foreclosure lawyer role loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


What rights do I have against foreclosure in New York?

Carl E. Person

A mortgage foreclosure proceeding involves rights on the part of the borrower and that is to defend the action with whatever defenses that borrower may have. An unusual defense that I see now, and I don't know if it will work, but it should at least be tried, and that is that the bank, contrary to the expectations of the borrower, quite often has sold the mortgage to a pool and has broken it up so that there is nobody in charge, there's no one that owns the mortgage, and therefore when the borrower runs into trouble they can't call a local bank as in "It's A Wonderful Life" and say I'm in trouble will you give me a break. That is contrary to the expectations of the borrower. I'm Carl Person, a New York lawyer and a fighter to keep people in their homes.

tags: mortgage foreclosure your rights loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


Are sub-prime mortgages eligible for a loan modification?

Carl E. Person

Subprime mortgages are the ones that basically are being forclosed, and they, yes they are as eligible if not more eligible because in many cases the borrower really did qualify for a lower rate and they gave them a higher rate in order to pay a mortgage broker who looked around for the bank that would give the mortgage broker the most money and the bank then tacked it on and charged a higher rate than the bank should have. I'm Carl Person, a New York lawyer, and a fighter to keep people in their homes.

tags: sub-prime mortgage eligibility loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


What is a mortgage kicker?

Carl E. Person

A mortgage kicker is what I see as an extra amount of income that the lender can expect down the line without the borrow realizing it, often. And that is that, if the lender recognizes that the borrower probably is going to be in default, and the bank will then be able to get the property back, the bank will also charge a lot of extra legal fees, a higher rate of interest, and then the bank will resell the property to comeone else, another victim, and go through the same thing again, and that's like a kicker, an equity kicker, for the bank. I'm Carl Person, I'm a New York lawyer, and my job is to help people stay in their homes.

tags: mortgage kicker definition loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


What should I do if I received a foreclosure notice?

Carl E. Person

A foreclosure notice in New York is a summons and complaint in foreclosure. When a person is served with a summons and complain immediately record the date and the circumstances by which you were served, because you only have 20 days from the date of service to file an answer. Make sure you know when the answer is due and then call an attorney, choose an attorney to defend yourself by filing an answer, possibly with counter claims, to be able to assert the reasons why you're defending the foreclosure suit. I'm Carl Person a New York Lawyer and a fighter to keep people in their homes.

tags: mortgage foreclosure next step loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


How is a sub-prime mortgage different from a regular mortgage?

Carl E. Person

A sub-prime mortgage is given to individuals who don't qualify with their employment record, their income, their earnings to be qualified for the prime rate. So, in many cases the small business person has no earnings, they somehow live, they don't necessarily pay taxes, and when they try to qualify for a mortgage, the bank laughs because you have no income. So the sub-prime was set up basically for those people that couldn't prove that they could pay a mortgage but many other people who don't have any earnings, don't have any income were also included, and that was a mistake. I'm Carl Person. I'm a New York lawyer and my job is to help people stay in their homes.

tags: sub-prime mortgage defined loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


How bad is the mortgage foreclosure problem in New York?

Carl E. Person

Today we have about 370 foreclosures ever week in the five boroughs, and near the end of the year we're going to have an increase in them. The banks right now are holding bank because of the uncertainty; we don't really know what the federal government plans to do. As I see it, it looks like a giveaway to the banks and not much for the homeowner. So that's something that the homeowners should recognize, that the statutes, so far, don't seem to be helping them. If the government gets its' money back, that means that the homeowner pays in full, and that isn't what they hoped that they're going to get. I'm Carl Pearson , I'm a New York lawyer, and my job is to help people stay in their homes.

tags: mortgage foreclosure New York loan modification debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


When is it okay not to pay a mortgage in New York?

Carl E. Person

It is okay not to pay a mortgage in New York when you don't have any money. What else are you going to do? You're not going to steal from a gas station to pay your mortgage nor should you steal from your retirement or from your credit cards. If you can't make the payment, stop paying and then invite a foreclosure action, defend the foreclosure action and then reach a modification agreement to end the lawsuit. I'm Carl Person, I'm a New York lawyer and my job is to help people stay in their homes.

tags: mortgage payments ok to not pay loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


Do mortgage lenders forgive debt?

Carl E. Person

Mortgage lenders are in the business of trying to maximize the value of their assets and as part of that they will give up interests, they will give up monies that are owed, they will make deals in order to have the properties that they own be productive for them by having people living in their houses and paying a monthly rent. Part of that means that they may have to give up some of the principle of the loan and they have to reduce the interest rate. Yes they are willing to do that and the objective is to try to have in homes that are paying the mortgage, rather than have a lot of toxic mortgages floating around. I'm Carl Person a New York lawyer and a fighter to keep people in their homes.

tags: loan modification debt forgiveness mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


What is the California Foreclosure Consultants Act?

Howard | Nassiri, LLP

The California Foreclosure Consultants Act is a law in California that prevents people from approaching you while you're in foreclosure and asking you for money up front to perform a service for you to help you get out of foreclosure. It's illegal for somebody, such as a mortgage broker, someone other than an attorney to come to you and say, "Give me money now for something I'm going to do for you later". You actually have to perform the service and then get paid for it afterwards because the Legislature has realized that people, when they're in foreclosure, are in a vulnerable situation and they'll do anything to try and save their home. So, it's really a law to protect consumers. Attorneys are exempt from that model because we are licensed by the state and we're held to a higher standard. So, we are able to actually go to somebody and sign them up under a retainer agreement to perform a loan modification. It's okay for us to do that. But, the Legislature has prevented others from doing that. My name is Damian Nassiri. I'm a partner in the Law Firm Howard and Nassiri. We're based in Southern California and we help people save their homes. I've you've been the victim of a predatory loan or you're facing foreclosure, give us a call.

tags: predatory lending foreclosure act mortgage debt relief loan modification foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP


How long do I have to respond to a foreclosure notice in NY?

Carl E. Person

When a person is sued for foreclosure, they receive a summons and complaint, and a person has 20 days in which to answer by filing an answer in court. So, you have a 20 day period after the service of a summons and complaint. There are some exceptions that make it a little bit longer, but don't rely on exceptions. Think of 20 days. And that's not 20 business days, it's 20 days. I'm Carl Person. I'm a New York lawyer and my job is to help people stay in their homes.

tags: mortgage foreclosure response loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


Can I stop paying my mortgage in New York?

Carl E. Person

Can a person in New York stop paying his mortgage? And the answer is 'yes'. Its very easy, if you can't afford it you have to stop paying and then you invite a mortgage foreclosure action and then you assert your defenses against it and then the bank will have to reach a modification agreement with you if you're able to live within the terms of the modification. For example, you could cut a $4,000 payment down to maybe $3,200. If you can make the $3,200 payment, the bank may be willing to reach the modification agreement to end the lawsuit. I'm Carl Person, a New York lawyer and a fighter to keep people in their homes.

tags: mortgage payments stop paying loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


Does a bank have to modify my loan in California?

Howard | Nassiri, LLP

A bank will have to modify a loan now in California because of the California Loan Modification Law. If the borrower meets certain criteria, for instance the loan is orginated between 2003 and 2007 and its a loan on their primary residence, the lenders will have to give a loan modification if the borrower can afford to make a payment on the loan that will reap the lender more money than a foreclosure would. Now a lot of times you're going to have to file a law suit because the lenders aren't listening a lot of times. My name is Damien Nesery. I'm a partner in the law firm of Howard Nesery. We're based in Southern California and we help people save their homes. If you've been the victim of a predatory loan or you're facing foreclosure give us a call.

tags: loan modification bank obligation mortgage debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP


My mortgage just went up! How do I get it back down?

Carl E. Person

If your mortgage payment just went up, there are two ways of getting it back down. One, is to talk to the bank and tell the bank your problem and see if they won't be willing to modify the agreement to lower the rate and that with the modification agreement with the consent of the bank. But if the bank won't do it, this is where people then go to a lawyer and tell the lawyer "Look, I can't afford it. I'm gonna have to stop paying the mortgage." And the lawyer might say "Well that's a fine thing. Stop paying. Let them sue you. We'll defend and then we will modify it on better terms." I'm Carl Pearson, a New York lawyer and a fighter to keep people in their homes.

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attorney: Carl E. Person


How does false advertising contribute to mortgage foreclosures?

Carl E. Person

False advertising contributes to mortgage foreclosures in various ways. One of them is that people who should not be owning a home are encouraged to borrow the money to buy the home. And you wonder is there a group of people who shouldn't own a home? Well, if a person that buys a home doesn't have the money to properly care for the home and can't pay the taxes for the home and can't pay the mortgage payment, that person really shouldn't be buying it and it will, when that property is vacant, its going to hurt the rest of the community as well. I'm Carl Person. I'm a New York lawyer and my job is to help people stay in their homes.

tags: mortgage foreclosure advertising loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


Are loan modifications common in California?

Howard | Nassiri, LLP

Loan modifications are becoming more and more common. Six months ago or a year ago, it was almost unheard of. Lenders were telling us you can't get a loan modification. But now as they are starting to finally wake up and realize how much money they're losing. They're actually becoming more willing to enter into loan modification. A lot of times they won't give you the best deal, however, unless you get an attorney involved or somebody who can actually enforce your legal right to a loan modification, and that's what we're seeing at this time. My name is Damien Nassiri, I'm a partner in the law firm Howard Nassiri. We're based in southern California and we help people save their homes. If you've been the victim of a predatory loan, or you're facing foreclosure give us a call.

tags: loan modification frequency mortgage debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP


How long can I live in my house without paying the mortgage?

Carl E. Person

A person a can live for free in his house almost two years in New York if you do it this way: you stop paying the mortgage, they foreclose it takes 14 months, and then they have evict you- this may be another four. But that is not what you really want to do. You want to stop paying in order to force a foreclosure and, as quickly as possible, reach a modification agreement and then be a person that pays on a regular basis [so] that you have lawful, proper possession, and the bank is happy. I'm Carl Pearson, a New York lawyer and a fighter to keep people in their homes.

tags: mortgage default stay in home loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


Are loan modifications common in California?

Howard | Nassiri, LLP

Loan modifications are becoming more and more common in this economic arena that we're dealing with today. Six months ago or a year ago it was almost impossible to get a loan modification. The banks were not giving them. But now, as time goes on, and they have more and more of these non-performing loans and foreclosures are on the rise, the lenders are becoming more wiling to deal with us in terms of loan modifications. And now with the new law in California, the California Loan Modification Law, it does mandate that these lenders give loan modifications if they are going to be of a benefit to society. And the way the legislature has determined the benefit is to try and keep these homeowners in the home if at all possible, if they can make a reasonable payment. My name is Damion Nassiri. I'm a partner in the law firm Howard Nassiri We're based in southern California and we help people save their homes. If you've been the victim of a predatory loan or you're facing foreclosure, give us a call.

tags: loan modification frequency mortgage debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP


How can I lower my mortgage interest rate in New York?

Carl E. Person

There are two ways to lower a mortgage interest rate, as I see it. Number one, is to reach a modification agreement with the bank that has a lower interest rate. Number two, if the bank doesn't agree to that, and yet...and proceeds with a foreclosure action, then you defend. And what agreement the bank was not willing to make with you before the action, after you start defending the foreclosure action, you'd be surprised how quick the bank might be willing to accept that same agreement. I'm Carl Person. I'm a New York lawyer and my job is to help people stay in their homes.

tags: loan modification lower payment mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


What happens to my mortgage if my bank went bankrupt?

Howard | Nassiri, LLP

If your bank went bankrupt, then chances are, it's a matter of time before your loan will get sold to another lender. So you do need to still keep making your mortgage payment if at all possible. However, if you are in a hard way, and you're not able to make that mortgage payment, you will need to try and get a loan modification from the next lender who buys your loan. And the new California loan modification law applies to loan servicers, so it doesn't matter who originated the loan, whoever is currently holding the loan and servicing the loan will be charged with the responsibility of providing you with the loan modification if you qualify. My name is Damien Nassiri. I'm a pattern in the law firm Howard and Nassiri. We're based in southern California, and we help people save their homes. If you've been the victim of a predatory loan, or you're facing foreclosure, give us a call.

tags: loan modification bank bankruptcy mortgage debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP


Why is it bad to discuss my mortgage with the bank over the phone?

Carl E. Person

Another way of helping the borrower is anytime the borrower had any questions about the mortgage, never use a telephone. Always put the questions in writing and send it to the bank. And the bank is obliged to respond in writing. The bank is not obliged under law to respond when its by telephone. I'm Carl Person, I'm a New York lawyer, and my job is to help people stay in their homes.

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attorney: Carl E. Person


When is it smart to stop paying my mortgage in New York?

Carl E. Person

It's a smart move to stop paying your mortgage in New York when you don't have the money to pay. You have no other choice, so you should stop payment earlier rather than later. Have the bank then bring a forclosure action, you now have fourteen months of additional time for nonpayment of the mortgage, and because of that the bank will want to reach a modification agreement and you should try desperately to reach one that you could live with, and that's the perfect resolution of the case. I'm Carl Person, a New York lawyer, and a fighter to keep people in their homes.

tags: mortgage payments don't pay loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


Do banks in New York like to do loan modifications?

Carl E. Person

You might wonder whether a bank is interested in doing a loan modification. The answer is - they’re ecstatic about it! They want to have the properties that are not paying them money to start paying them money once again. And when people can’t pay them money the only way they can do it is to pay less per month, then the bank is willing to reach an agreement called a modification agreement so that that will take place, yes. I’m Carl Person, a New York lawyer and a fighter to keep people in their homes.

tags: loan modification bank stance mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


Do banks prefer loan modifications or foreclosures?

Howard | Nassiri, LLP

As time goes on, banks are becoming more and more willing to do loan modifications. I would say six months or a year ago, the answer was 'no' whenever a borrower came to a, a bank for loan modification. But as the time is going by and the banks are losing more and more money on the non-performing loans and the foreclosure sales that are not uh, occurring, the banks are st-, starting to change their tune. And especially with the bailout, and the new laws that are coming around with, in California, uh, they are becoming, they're starting to wake up and smell the coffee. And realize that they need to make some money of these loans and the way to do that is to, is to get a loan modification and get the borrower on a payment that they can afford. If they need to extend the term, or if they need to lower the interest rate, something is better than nothing at this point. And so that's the way we're really starting to see banks are becoming more open to the idea of loan modificaiton. My name is Damion Nasire. I'm a partner in the law firm Howard & Nasire. We're based in Southern California, and we help people save their homes. If you've been the victim of a predatory loan or you're facing foreclosure, give us a call.

tags: loan modification bank preference mortgage debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP


Do banks want to lower my monthly mortgage payment?

Carl E. Person

Banks want to lower the mortgage payments under circumstances that are just. For example, if a person has the property that is declining in value, less income, they have been steady payers they just can't afford the higher rate, and especially if the higher rate was just thrust on them with a variable. The banks recognize the writing on the wall and they are willing to reach an agreement, called a modification agreement, to keep the monthly payment down and make it affordable, yes. I'm Carl Person. I'm a New York lawyer and my job is to help people stay in their homes.

tags: loan modification banks will help mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


Can my loan be restructured if it was made by a predatory lender?

Howard | Nassiri, LLP

A loan can be restructured if it was made by a predatory lender, and that is even true if your loan has been sold. Many times the originating lender will sell the loan, and it might get sold two or three times. But the laws that are on the books right now - the Federal Truth in Lending Act, and the California Loan Modification Law all say that no matter where the loan is now, if it qualifies, you can get a new loan, get an affordable payment, and something that can help you stay in the home and avoid foreclosure. My name's Damian Nassiri. I'm a partner in the law firm of Howard Nassiri, we're based in southern California, and we help people save their homes. If you've been the victim of a predatory loan, or you're facing foreclosure, give us a call.

tags: predatory lending loan restructure mortgage debt relief loan modification foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP


What is Howard | Nassiri's experience with loan modifications?

Howard | Nassiri, LLP

Our firm has helped numerous people with loan modification to help save their home, it's a simple process that we involve ourselves with getting the financial information from the client a fair market value through comps and other resources, and we are able to put packages together that the lenders can look at. It's easy for them to work with us because we put everything in there, it's concise and that really helps streamline the process to get the result that the client needs in order to keep the home. That's something that we've been doing at our firm and something that we will continue to do every day. My name is Damian Nassiri, I'm a partner in the law firm of Howard/Nassiri, we are based in Southern California, and we help people save their homes. If you've been the victim of a preditory loan or you're facing forclosure give us a call.

tags: loan modification experience mortgage debt relief loan modification foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP


How does a sub-prime loan work?

Howard | Nassiri, LLP

A sub-prime loan works like this. If your credit score is less than pristine, you're going to be put in a loan with a higher interest rate, and that higher interest rate is because of the risk that the lender is taking and taking someone who has less than pristine credit and putting them and insuring them or giving them this mortgage rather. But what we've seen a lot of here in California is the homeowner that has a good credit score put in these sub-prime mortgages and loans, and that is because lenders make money when they put people in a sub-prime product. I'm Vincent Howard, Senior and Managing Partner of Howard Nassiri. We work hard everyday representing the consumer from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

tags: predatory lending sub prime loan mortgage debt relief loan modification foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP


How can I lower my mortgage payment in New York?

Carl E. Person

In New York a person can lower his mortgage payment by having a good case to present to the bank that, "I have been sick. I have lost the income." In one case a person's house got a broken back; and as a result it was a structural defect in the house and it caused the house to have half its value. I said, "Negotiate with the bank based upon the new value, and that'll cut your payments in half. You'll only pay half as much and only owe half as much." Facts: The bank wants to listen to facts. I'm Carl Person. I'm a New York lawyer, and my job is to help people stay in their homes.

tags: loan modification lower payments mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


Can I prevent a foreclosure from happening to me in NY?

Carl E. Person

Whether a borrower can actually stop a fore closer forever depends on the facts so that I can't say across the board that a borrower that defends a fore closer is going to win. The victory in many cases is the delay that the borrower needs to be to get his or her own act together and be able to force the bank to accept less money and that is something that at a lower rate of interest the borrower would be able to do and that would bring the property back to performing. The bank wants the property to perform, the borrower wants to remain in the property, the borrower wants to pay a reasonable amount, and this is what a fore closer action and an adequate defense can achieve for all the parties. I'm Carl Person, a New York lawyer, and a fighter to keep people in their homes.

tags: mortgage foreclosure prevention loan modification debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


What's the #1 mistake made trying to avoid foreclosure in NY?

Carl E. Person

The number one mistake that people make in a mortgage forclosure action is putting their head in the sand and doing nothing about it saying, people say, well your house isn't sold yet so you don't have to do anything. Wrong! When you have an action for forclosure, you must defend it, and if you do, you have a best chance of saving your property, it is very low cost to defend it when you're not in default, it's very high cost and more risky if you are trying to get a lawyer to help you out after you have defaulted. I'm Carl Person, a New York lawyer, and a fighter to keep people in their homes.

tags: mortgage foreclosure #1 mistake loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


Has the economic climate forced the banks to give more loan modifications?

Howard | Nassiri, LLP

The economic climate is forcing more banks to do loan modifications because they have more and more foreclosures on their books, and it’s not a good thing. It’s really what’s driven the market to be where it is right now, that’s required this bailout by our government, iIs because you have so many non performing loans. And the truth of the matter is that many of these borrowers were able to make their payments in the past, but were unable to keep up with their payments when the interest rates adjusted through the roof. So if we just bring those interest rates back down, it’s going to solve a lot of the problems. If we extend the term of the loan from thirty to fourty years, and maybe drop the principal down a little bit, many – if not all – of these borrowers will be able to make the monthly payments on their loans. My name’s Damion Nassiri. I’m a partner in the law firm Howard Nassiri. We’re based in Southern California and we help people save their homes. If you’ve been the victim of a predatory loan, or you’re facing foreclosure, give us a call.

tags: loan modification economic climate mortgage debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP


What is the alternative to letting a bank foreclose on my home?

Carl E. Person

The worst thing that I experience in dealing with the mortgage foreclosure situations is the prospective clients who call me up and tell me their tale of woe: that they have a default judgment, the property is going to be sold, what can they do? I tell them the whole thing of what they should have done. I say, "You should have stopped paying. You should have precipitated a foreclosure action. You should have defended within the 20-day period, and you wouldn't be here now. You would be sitting in your home with a modification. But instead -- because you didn't do anything and the banks were at fault because they talked with you and they made you believe you didn't have to do anything -- you must do something. You have to defend the foreclosure action even though you are talking with a bank. And if you don't do that you are going to make me cry when you call me belatedly three or four months later." I'm Carl Person. I'm a New York lawyer, and my job is to help people stay in their homes.

tags: mortgage foreclosure take action loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


How can a lawyer help me keep my home in New York?

Carl E. Person

In New York a lawyer can help a borrower who's running into trouble with a home, with a mortgage. And first of all the lawyer should consider whether it's appropriate to stop paying the mortgage right now because of this financial trouble. And then invite a foreclosure. The bank, upon nonpayment, will sue. And then the lawyer should defend, within 20 days after the service of the summons and complaint. In doing so the bank will then say, oh my god there're defending the foreclosure, how unique. Most people don't defend. And the bank will then be more readily agreeable to a modification after the suit is brought when they weren't willing to do the same thing before the suit was brought. I'm Carl Pierceson. I'm a New York lawyer and my job is to help people stay in their homes.

tags: mortgage defense lawyer help loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


Can I modify my investment property mortage in NY?

Carl E. Person

If a person owns investment property in New York and it's subject to a mortgage, the same principles of loan modification apply that if the bank and the owner agree to a change in the terms, which usually means a reduction in the monthly rate of payment. Yes, you can have a modification. It always requires the agreement unless you're in bankruptcy court, and then the bankruptcy judge can do certain things, but outside a bankruptcy, you need an agreement of the two parties. I'm Carl Person, a New York lawyer and a fighter to keep people in their homes.

tags: loan modification investment home mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


What's a common trick a bank uses against struggling home owners?

Carl E. Person

A trick that many banks use to steal money from a homeowner, especially when he’s in default and he’s no longer paying the mortgage, he’s three months behind, they say, “Look if you want to modify the loan you have to bring your loan up so that you’re no longer in arrears.” So the homeowner then makes payment of ten, twelve thousand dollars and brings it up. Calls the bank, gets another person and says, “Well let’s have a modification agreement. I’m now up to date.” And the bank says, “I’m sorry. We don’t have modification agreements unless you’re in default.” I’m Carl Person. I’m a New York lawyer and my job is to help people stay in their homes.

tags: mortgage foreclosure bank trick loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person


How does the new California law help me stay in my home?

Howard | Nassiri, LLP

The nice thing about the new California Loan Modification Law is that it allows any borrower to get a loan modification. You don't have to be the victim of a predatory loan. You just have to meet the basic criteria of someone who had a loan that closed between 03 2003 and 2007. If you have been the victim of a predatory loan, however, that will help your case because when we go before the judge and we ask the judge to enforce the California Loan Modification Law, the judge will most likely have more sympathy for somebody who has also been the victim of a predatory loan and should be more willing to order the lender to give you a loan modification. My name's Damian Nassiri. I'm a partner in the Law Firm Howard Nassiri. We're based in southern California and we help people save their homes. If you've been the victim of a predatory loan or you're facing foreclosure, give us a call.

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attorney: Howard | Nassiri, LLP


I just lost my job! How can I keep my home?

Carl E. Person

If a person who has just lost his job wants to save his home, there is two things to do. Number one, tell the bank that you can't pay the mortgage the way it is and ask for a modification agreement. The bank sometimes will agree and other times not. If the bank refuses to agree to a modification, then stop paying the mortgage. Precipitate a lawsuit. Defend the lawsuit, and then you will have a better chance of reaching the modification that you want. I'm Carl Person. I'm New York lawyer, and my job is to help people stay in their homes.

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attorney: Carl E. Person


How do I keep my house if I've been the victim of predatory lending?

Howard | Nassiri, LLP

If you've been the victim of a predatory loan you do have an opportunity to keep your house. If you've been a victim of predatory loan there are a number of different remedies that are available to you. One of them is recision, which is a cancellation of the contract, putting you back in the same position that you were in before you ever got the loan. Another solution would be loan modification, which is a reworking of the loan and basically bringing down the interest rate and the principle balance that you owe, extending the term of the loan, and that will give you an affordable payment that you can keep in your house. Even if you've been late and you've been in default for months, you can still potentially save your home if you've been the victim. My name is Damien Nassiri, I'm a partner in the law firm Howard and Nassiri, we're based in Southern California and we help people save their homes. If you've been the victim of a predatory loan or you're facing foreclosure, give us a call.

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attorney: Howard | Nassiri, LLP


Can a predatory lending lawsuit prevent foreciosure?

Howard | Nassiri, LLP

It's possible to stop a foreclosure sale with a predatory lending lawsuit. It will be up to the judge's discretion. The judge will have discretion to stop a foreclosure sale if the judge believes that this case has merit, and that the borrower deserves a loan modification that they can afford. A lot of times, before we file a lawsuit we are able to negotiate with the lender, and the lender chooses to stop the foreclosure sale because they understand that an attorney is involved and that an attorney is trying to negotiate a loan modification that will result in a favorable outcome to the lender because the lender will now have a performing loan with a homeowner who's making a payment, which is better than no payment. My name is Damien Nassiri. I'm a partner in the law firm, Howard Nassiri. We're based in Southern California, and we help people save their homes. If you've been the victim of a predatory loan or you're facing foreclosure, give us a call.

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attorney: Howard | Nassiri, LLP


Do California lenders have to modify my loans?

Howard | Nassiri, LLP

California lenders and any lender nationwide, if it involves a borrower who lives in California, the new civil code section 2923.5 and .6 says that the lender has to get a loan modification, keep the borrower in the home if the loan modification will make the lender more money than the foreclosure. The point of that statute is to stop these foreclosures from happening. The California Legislature has realized that foreclosures are a tremendous problem. It's impacting the economy and so the California Legislature passed this law as an emergency statute to help homeowners stay in the home and to stem the losses that are resulting from these foreclosures. My name is Damian Nassiri. I'm a partner in the law firm Howard/Nassiri. We're based in Southern California, and we help people save their homes. If you've been the victim of a predatory loan or you're facing foreclosure, give us a call.

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attorney: Howard | Nassiri, LLP


Are loans modifications common in New York?

Carl E. Person

In New York, a loan modification is the desire of both sides when you have a forclosure. If you have a forclosure action both sides would really like to see modification if the modification is acceptable, and that will make the property pay for itself once again where the bank will get a monthly payment and the borrower will remain in possession. That's the desire that's the hope for all of these procedings. I'm Carl Person, a New York lawyer, and a fighter to keep people in their homes.

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attorney: Carl E. Person


What's it like to help someone stay in their home?

Howard | Nassiri, LLP

Feels great to help someone modify their loan because it means they are going to be able to keep the loan. It also has a bigger impact on the economy. If we can get all of these non-preforming loans to preform through loan modifications, I really, truly believe that would be as much of a help, if not more of a help, than the current bail out. Because that is the problem right now in California and across the nation, as we have all these people that are in default because they simply can't afford to pay the mortgage after it increases. After the interest rate goes up and they are good people, they are hard working people and they want to make a loan payment. It's just that the predatory loan has made it as such that they can no longer make that increased payment. My name is Damian Nassiri, I'm a partner in the law firm Howard/Nassiri, we're based in Southern California. And we help people save their homes. If you've been the victim of a predatory loan, or you're facing foreclosure, give us a call.

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attorney: Howard | Nassiri, LLP


Can I modify my commercial property mortage in NY?

Carl E. Person

If a person owning commercial property has a mortgage, it's almost the same thing as a tenant in a commercial property going up to the landlord and saying "Look we're having tough times now. I can't pay $80000 a month, I can pay $65000 a month and stay here otherwise I'm just going to have to vacate or go into bankruptcy". So the landlord would say "Okay fine. Let's modify the lease". The same thing is true about a mortgage, that an owner can reach a modification with respect to commercial property when you explain the facts, and the lender is willing you could have a modification. There's nothing prohibiting it, it has to be done by agreement. I'm Carl Person. I'm a New York lawyer and my job is to help people stay in their homes.

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attorney: Carl E. Person


How can a predatory lending attorney help?

Howard | Nassiri, LLP

A Predatory Lending Attorney can help you because a Predatory Lending attorney can enforce your right to get a new loan. The attorney can negotiate with the lender. A lot of times the lenders are not gonna listen. They are going hope that you go away. But if you have an attorney you can file a lawsuit and once that lender gets served with the lawsuit then they cant run anymore. They gotta step up to the table and its your loan. If you qualify under specially this new California loan modification law then you could be entitled to get a new loan from the lender. My name is Damien Nassiri. I am a partner in a law firm called Howard Nassiri. We are based in Southern California and we help people save their homes. If you have been a victim of Predatory loan or you are facing foreclosure, give us a call.

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attorney: Howard | Nassiri, LLP


Do banks in New York want to lower my interest rate?

Carl E. Person

Banks would like to make properties pay when they have a mortgage outstanding. And in many cases, the banks will have to lower the interest rate in order to make the mortgage payment affordable by the person living in the home. So that the banks may not like it, but they do recognize that the way of keeping toxic mortgages off their books is to bring them back to life by making the mortgages affordable. In that way they do lower interest rates and that is done in a modification agreement. I’m Carl Person, a New York lawyer and a fighter to keep people in their homes.

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attorney: Carl E. Person


Will I have to go to court for my predatory lending case?

Howard | Nassiri, LLP

You may not have to go to court to get your predatory lending case resolved. A few go see a good attorney. A good attorney will be able to negotiate with the lender and hopefully get your loan modified or get your loan restructured, sooner rather than later. However, that same attorney will be ready to go and filed the lawsuit if the case calls for it. A lot of times, lenders will not respond to the attorney's request for a loan modification and in that case there's no choice but to file a lawsuit to get what you deserve under the law. My name is Daiman Nassiri. I'm a partner in the law firm Howard/Nassiri, we're based in Southern California and we help people save their homes. If you've been the victim of a predatory loan or you're facing foreclosure, give us a call.

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attorney: Howard | Nassiri, LLP


What is Howard | Nassiri's experience fighting predatory lenders?

Howard | Nassiri, LLP

Our firm has helped a number of clients in southern California, Orange County, Riverside County, San Bernadino County. We've helped numerous people save their homes and obtain a loan modification to get a payment that they can afford and so that they can remain in their home. Not one of our clients has been evicted from the home. We've saved people from foreclosure. Can't guarantee that we can do it in every instance but we, so far, have been blessed in that we've been able to help a lot of people keep their homes and we look forward to doing that in the future, too. My name's Damian Nassiri. I'm a partner in the law firm Howard Nassiri. We're based in southern California and we help people save their homes. If you've been the victim of a predatory loan or you're facing foreclosure, give us a call.

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attorney: Howard | Nassiri, LLP


How do I fight back against predatory lending?

Howard | Nassiri, LLP

First step you should take if you feel that you have been a victim of the predatory loan in California is that you should contact an attorney, a good attorney who is experienced in truth and lending matters, predatory lending matters will be able to give you free consultation, sit down talk with you and figure out if there is something that we can do. A lot of times there is something that can be done and most borrowers I have talked to did not even know that these laws existed. They had no idea that they could have a legal right to a loan modification under the new California Loan Modification Law. So, first step I would think would be getting a free consultation from an attorney who will be able to advise you of your rights and be able to help you out if you have been the victim. My name is Damie Nassiri. I am a partner in the law firm Howard-Nassiri. We are based in southern California and we help people save their homes. If you have been the victim of a predatory loan or you are facing foreclosure, give us a call.

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attorney: Howard | Nassiri, LLP


What can I do if I've been a victim of predatory lending?

Howard | Nassiri, LLP

If you feel that you've been the victim of a predatory loan, my advice would be to go seen an attorney. An attorney will be able to give you a free consultation and will be able to analyze your loan documents, perform a forensic document review of your loan documents to ferret out the problems, to goo through the fine details of the loan and hone in on those predatory lending violations that the average consumer is unaware of. My name's Damien Nasiri. I'm a partner in the law firm Howard Nasiri. We're based in southern California, and we help people save their homes. If you've been the victim of a predatory loan or you're facing foreclosure, give us a call.

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attorney: Howard | Nassiri, LLP


How will the economic bailout help me keep my home?

Howard | Nassiri, LLP

The way that the bailout is currently structured right now is that it helps Wallstreet but doesn't really help main street.Yeah, there's really nothing in the current bailout will neatly help a homeowner whose facing foreclosure. There are guidelines within the bailout that the lender should try to give a loan modification but there's nothing that mandates it. So the bailout as it is planned right now will only have a trickle-down effect to borrowers. It will not help them in a mediate way. So if you're facing forclosure, I would suggest an attorney in pursuing your legal right. My name is Danim Nassiri. If you've been a victim of a predatory loan or facing forclosure, give us a call.

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attorney: Howard | Nassiri, LLP


What constitutes self-defense in a murder case?

Altman & Altman, LLP

Self-defense is an interesting defense, particularly in Massachusetts. The bottom line of self-defense is that you are only justified in defending yourself with the same type of force as that which is being used against you. So, if somebody comes at me with a stick and they’re going to hit me, if I pick up my AK-47 and blow them away, self-defense is not going to work so well. I’m Sam Goldberg, lead counsel for criminal defense matters at Altman and Altman in Cambridge, Massachusetts. I have 25 years of experience. If you’re in trouble and you need someone in your corner, who cares and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


How should I talk to my bank if I'm behind on payments?

Carl E. Person

When a borrower is behind on payments or even has any questions at all about the mortgage, the borrower should always address these concerns in writing- in a letter to the bank. If the borrower does not do that, a telephone call is not required to be answered by the bank. They don't have to get back. But with something in writing, they have to under law. So that you want to keep record of what communications you had with the bank by doing it in writing: very important, especially if you're going to have a defense later on. I'm Carl Pearson, a New York lawyer, and a fighter to keep people in their homes.

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attorney: Carl E. Person


Does the bank want to take my home in New York?

Carl E. Person

The bank wants to take your home in order to sell the home and pay off the mortgage and then it's no longer on the books as a non-performing loan. Years ago, maybe a year or two ago, a bank would relish the opportunity of taking over the property, buying it in at a foreclosure sale, and then selling it to someone else and having a new mortgage on it, but now there are too many houses coming into foreclosure and the banks don't want that inventory. They don't want the property to be non-performing, they want to reach an agreement if they can and have the property continue to pay the bank money. That's their objective now. I'm Carl Person, I'm a New York lawyer, and my job is to help people stay in their homes.

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attorney: Carl E. Person


Am I a victim of predatory lending?

Howard | Nassiri, LLP

A lot of times borrowers have a gut feeling that they have been taken advantage of, but they just can't put it into words and just don't know exactly what happened to them. The - once they go and they talk to an attorney, an attorney can analyze their loan documents and review the finance charges and things of that nature to see if there were any hidden broker fees or whether the terms of the loan were accurately disclosed to the borrower. You know, those loan documents are a stack so think that nobody has time to read them. And they'll - the attorney can do that for you, go through and let you know if you have a case. My name is Damien (sp?) Nassiri. I am a partner in the law firm Howard Nasssiri. We are based in southern California, and we help people save their homes. If you have been the victim of a predatory loan or you are facing foreclosure, give us a call.

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attorney: Howard | Nassiri, LLP


Are there laws against predatory lending in California?

Howard | Nassiri, LLP

There are laws against predatory lending in California. On the federal level, there are laws like the Truth and Lending Act, which forces lender to make certain disclosures of the material terms of the loan. And then on the California State level, there are a number of laws, uh, for example, the new law that just went into affect at the beginning of September of this year, uh, which is called the California Loan Modification Law, which really sets forth a certain set of parameters that lenders have to abide by and give loan modifications to certain people who qualify for those. I’m Vincent Howard, senior and managing partner of Howard and Nassiri. We work hard everyday representing the consumer, from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


How long does it take a NY bank to foreclose on my house?

Carl E. Person

People wonder how long it takes for a foreclosure action to cause them to lose their home. The answer is that if you don't defend you could lose your home in about four months. If you do defend and you lose, you would lose your home in about 14 months. The purpose of defending however, is not to lose your home but in order to reach an agreement in order to save your home. I'm Carl Person, I'm a New York lawyer and my job is to help people stay in their homes.

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attorney: Carl E. Person


What is a rising BAC defense in California?

The Law Offices of Virginia L Landry, Inc.

The easiest way for me to explain a rising blood alcohol concentration case is, let's suppose you and your friends are out at the bar. You have watched a sporting event, and you are finishing up that last drink. Or you decide, "I want to have one for the road." You finish your last drink. You get behind the wheel of the car. And within a short period of time you are stopped by a police officer. The alcohol from that last drink has not been fully absorbed into your system yet. So it has not reached its peak concentration. So you were lower when you were driving as opposed to later when the police officer tests you by either breath or blood. I'm Virginia Landry. For the last 19 years in Orange County, I have helped when bad things happen to good people. If you have been arrested for DUI, please call.

tags: DUI rising BAC defense drunk driving arrest criminal defense Orange County Los Angeles California lawyer attorney law firm Virginia Landry

attorney: The Law Offices of Virginia L Landry, Inc.


What is predatory lending?

Howard | Nassiri, LLP

Predatory lending basically encompasses the unscrupulous lending tactics that lenders and mortgage brokers engaged in giving home loans to homeowners. Basically, they were not disclosing the material terms of the loan. And that, in and of itself, is part of the reason why a lot of these loans are predatory in nature. They withheld the material terms and didn’t disclose certain things in the loans to certain homeowners, and that basically is what encompasses what is a predatory loan. I’m Vincent Howard, senior and managing partner of Howard Nassiri. We work hard every day, representing the consumer, from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


What's it like to help someone fight against predatory lenders?

Howard | Nassiri, LLP

It’s a great feeling to help somebody who’s been a victim of a predatory loan. To be able to make that phone call and call the client and let them know that the foreclosure sale has been postponed, that they don’t have to pack up their bags. It’s a great feeling to talk to people who you’ve just helped save their most precious asset. They’ve got kids in school and they don’t want to move, and there is no reason for it. Things can be worked out to get people back on track to be able to make a payment where they can afford to stay in the home and the lender’s not going to lose any more money. So, it really is a good feeling and it’s one that we hope to keep duplicating. My name’s Damion Nassiri. I’m a partner in the law firm Howard Nassiri. We’re based in Southern California and we help people save their homes. If you’ve been the victim of a predatory loan, or you’re facing foreclosure, give us a call.

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attorney: Howard | Nassiri, LLP


Is there a defense against a failed breath test in California?

The Law Offices of Virginia L Landry, Inc.

There are defenses against failed breath tests in California. For instance, if the police officer has not been appropriately trained, or does some shortcuts on that breath testing device, you may get a false high reading. If the police officer is using a machine that has not yet been approved for service, we may be able to exclude that test result. If you did not properly blow into the machine, you could end up with a false high or a false low reading. All of those give us a legal reason to be able to challenge your breath test. I’m Virginia Landry. For the last nineteen years in Orange County, I’ve helped when bad things happen to good people. If you’ve been arrested for a DUI, please call.

tags: DUI breath test defense drunk driving arrest criminal defense Orange County Los Angeles California lawyer attorney law firm Virginia Landry

attorney: The Law Offices of Virginia L Landry, Inc.


Which test hurts my DUI defense the most in California?

The Law Offices of Virginia L Landry, Inc.

The toughest test to beat in California is a blood test. However, here in Orange County, California, we win cases when the laboratory makes a mistake on the blood test. In Los Angeles County, we win cases where the police officers make mistakes. In each city, a police officer has an approved breath testing device, so if the machine is not calibrated correctly, if it's not used appropriately, whether it's a breath or a blood, we may be able to exclude those test results, and that makes the difference on your case in court. I'm Virginia Landry. For the last 19 years in Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

tags: DUI most damaging test drunk driving arrest criminal defense Orange County Los Angeles California lawyer attorney law firm Virginia Landry

attorney: The Law Offices of Virginia L Landry, Inc.


Are there laws to protect me from predatory lending?

Howard | Nassiri, LLP

There are a number of laws that are on the books right now that are designed to prevent predatory lending practices. The problem is, is that, lenders a lot of times don’t follow those laws. They wait until they get caught and then deal with the problems later, because they’re too busy making money off of the predatory loans. And while the gravy train is running, nobody’s going to try to stop it. So, a lot of these lenders were giving loans that were not, that they shouldn’t have been giving. But the problem was that we only found out now, several years later that this, what kind of a problem this really was. My name is Damion Nassiri. I’m a partner in the law firm Howard Nassiri. We’re based in Southern California and we help people save their homes. If you’ve been the victim of a predatory loan, or you’re facing foreclosure, give us a call.

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attorney: Howard | Nassiri, LLP


What are the top 3 predatory lending violations?

Howard | Nassiri, LLP

The top three predatory lending violations that we usually see are loans that have negative amortization that wasn't properly disclosed to the home owner. One of the other things that we see a lot of is someone who has a really good credit score, who should qualify for a better loan, but are actually put into a sub-prime loan and that's because lenders make more money when they put more people in sub-prime loans. And then the other thing that we see a lot of is people who were presented with a teaser rate and the interest rate bait-and-switch deal where people thought they were getting on interest rate, but they were actually getting another. I'm Vincent Howard, senior and managing partner of Howard/Nassiri. We work hard every day representing the consumer from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


Why is Southern California a hot spot for predatory lending?

Howard | Nassiri, LLP

California's been one of the hotspots for predatory lending because it is a state with a high population. A lot of people live here and a lot of people that live here worked in the mortgage industry, so there was a lot of this predatory lending activity going on in the California area. Especially during a time when the home prices were rising in value and a lot of homeowners were tricked and deceived into taking out a loan that was not really in their best interest and something that they're only now coming to find out was a bad, predatory loan. My name's Damian Nassiri. I'm a partner in the lawfirm Howard / Nassiri. We're based in southern California and we help people save their homes. If you've been the victim of a predatory loan or you're facing foreclosure, give us a call.

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attorney: Howard | Nassiri, LLP


Is my home covered in a debt settlement program?

Howard | Nassiri, LLP

In California, your home cannot be covered under a debt settlement program. Usually debt settlement programs only deal with unsecured debts. A home mortgage loan is secured by the actual home itself, so usually that's not something that's going to be the subject of a debt settlement program. I'm Vincent Howard, Senior and Managing Partner of Howard Nassiri. We work hard every day representing the consumer, from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


Why is Southern California so hard hit by predatory lending?

Howard | Nassiri, LLP

California is a victim of this sub-prime crisis for a number of reasons. One, it's Southern California. A lot of people want to move here, buy homes here. [Ah] The homes that people buy here rise in value, or they did up until recently. ah and then what you have is a large number of California residents who were employed in the mortgage industry. California had upwards of 300,000 people employed in this industry. Lenders noticed that, and they wanted to take advantage of that. So they pushed their brokers, even lenders directly, pushed them into pushing people into sub-prime products, and that lead to the economic crisis that we're suffering now. I'm Vincent Howard, senior and managing partner of Howard | Nassiri. We work hard everyday representing the consumer from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


Is predatory lending a growing problem in California?

Howard | Nassiri, LLP

Predatory lending is a growing problem in the sense that all of the borrowers who received these predatory loans in the past years, all the chickens are coming home to roost at this point. The borrowers are now, their payments are going through the roof. They can no longer afford them. They are on these adjustable rate mortgages that sounded good and looked good when they first got into them but now as the interest rates are continuing to rise, the borrowers can no longer make these payments. And that's really at the heart of the current economic crisis is a lot of these homeowners in California that cannot make their mortgage payments because they have adjusted upwards and they can no longer afford to make the payment. My name is Damien Nassiri. I'm a partner in the law firm Howard Nassiri. We're based in Southern California and we help people save their homes. If you've been the victim of a predatory loan or you're facing foreclosure, give us a call.

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attorney: Howard | Nassiri, LLP


What is predatory lending?

Howard | Nassiri, LLP

Preditory lending involves a series of unfair and deceptive acts and practices commited by lenders and mortgage brokers whereby they put borrowers in worse loans than they would have otherwise qualified for, or they put borrowers in loans that have extremely high interest rates that were not disclosed to the borrowers when they first signed up for the loan. It's a way to take advantage of the borrower and give them a bad loan that they cannot repay. My name is Damian Nassiri, I'm a partner in the law firm Howard/ Nassiri, we're based in Southern California, and we help people save their homes. If you've been the victim of a preditory loan or you're facing forclosure, give us a call.

tags: predatory lending definition mortgage debt relief foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP


Is there a defense against the field sobriety test in California?

The Law Offices of Virginia L Landry, Inc.

There are things that you can do in defense of those standardized field sobriety tests. The police officer is going to give you a verbal demonstration, and in that verbal demonstration, you have to pay attention to what the parts are. If the police officer doesn't give you the instructions correctly, that is an ultimate defense in trial about whether or not they were properly given by the police officer. In addition to that, if the physical demonstration that the police officer gave you was not according to the standardized test requirements, you can also beat those cases. I'm Virginia Landry. For the last 19 years in Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

tags: DUI field sobriety test drunk driving arrest criminal defense Orange County Los Angeles California lawyer attorney law firm Virginia Landry

attorney: The Law Offices of Virginia L Landry, Inc.


Is my car covered under a debt settlement program?

Howard | Nassiri, LLP

A car is usually not going to be covered in a debt settlement program here in California. Usually debt settlement programs only involve unsecured debt. With a car loan, the car itself is the object that's being secured, so it's not going to be covered in a debt settlement program. I'm Vincent Howard, senior managing partner of Howard | Nassiri. We work hard everyday representing the consumer from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


How can debt settlement help me?

Howard | Nassiri, LLP

Debt settlement can help you simply because it eliminates your unsecured debt. With that unsecured debt hanging over your head and you not making in roads to paying it off, it could have adverse effects on your credit rating, credit score. We live in a society that dominated by what your credit score is. You can't get a home, you can't buy a car, you can't get a student loan without it. So one of the things that debt settlement does is that it helps you get back on the road to financial freedom quicker. I'm Vincent Howard, senior and managing partner of Howard/Nassiri. We work hard every day, representing the consumer from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


Is predatory lending a growing problem?

Howard | Nassiri, LLP

Predatory lending is a growing problem in California, it really is. California, along with Nevada and Florida, were some of the hardest hit states in our union. Here in southern California in particular, my partner and myself often refer to it as ground zero because so many predatory loans, sub-prime type loans, were originated right here in southern California. I'm Vincent Howard, senior and managing partner of Howard-Nassiri. We work hard every day representing the consumer from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


Can I keep my house if I'm a predatory lending victim?

Howard | Nassiri, LLP

Whether you can keep your house if you're a victim of predatory lending depends. We've seen people who have lost their house because they were unaware of what their rights are or were, and by the time they found out it was too late, the lenders had already foreclosed and have taken their home. There's a possibility you can keep your house, but that's going to depend on whether you have adequate representation and whether someone is representing your interests, because the lender certainly aren't, they're representing their interest. And one of the ways in which you can keep your house is if you hire an attorney who's skilled in this area of law, who can exercise your rights and help you keep your home. I'm Vincent Howard senior and managing partner of Howard Nassiri. We work hard every day representing the consumer from our headquarters in Orange County California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


Will I have to go to court for my predatory lending case?

Howard | Nassiri, LLP

You may have to go to court for your predatory lending case. When you retain us as your attorneys, we like to get the matter settled short of going to trial, going to court, anything like that. But keep in mind when you hire an attorney, a good attorney, we prepare the case as if we're going to go to trial. To do anything less is to only prepare for half or part of the case. We prepare like we are taking your case, your matter, all the way to trial, but if we can settle it before, we certainly will. I'm Vincent Howard, Senior and Managing Partner of Howard/Nassiri. We work hard everyday representing the consumer from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


What are the psychological benefits of a debt settlement?

Howard | Nassiri, LLP

The feeling you get or the feeling I get when helping someone settle their unsecure debt it's hard to put into words because you have a client who's come to you, they are in a hard way, they are in financial dire straits and they can't make that next mortgage payment, buy groceries even and at the end of our program you talk to that same consumer and they have a renewed sense of confidence you know. They are proud of that accomplishment that they achieve. They have paid off their debt, they are now back on the road to financial freedom and to see that broken person transformed into this person who's confident and happy really makes me feel good. I'm Vincent Howard senior and managing partner of HOWARD/NASSIRI. We work hard everyday representing the consumer, from our headquarters in Orange County California. If you need an attorney you can trust- go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


What is the penalty for a first time DUI in California?

The Law Offices of Virginia L Landry, Inc.

In Orange County California, if you are convicted of driving under the influence or having a .08 or more alcohol level, you will have fines that are going to be close to 1600 dollars. You will end up with up to a six months restricted driver's license. You will be required to go to an alcohol education program. The length of that program depends upon how high your alcohol level or if you refuse to take a test. You would be placed on probation for between three and five years and there are other requirements if there's an accident or a high level of alcohol in your system. I'm Virginia Landry. For the last nineteen years in Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


What's the 1st thing I should do if I've been hit by a car in New York?

Proner & Proner

After a pedestrian is injured in a motor vehicle accident, oftentimes, they go straight to the hospital and they don't even have the information on the vehicle that hit them. An attorney can immediately get involved to find out from the police department, oftentimes, who was involved in the accident, whether or not there were any witnesses, whether or not there is any physical evidence and can do an accident reconstruction to determine the speeds of the vehicles involved and get you the fair compensation you deserve for the injuries you've sustained after being injured as the result of a motor vehicle striking you while you're a pedestrian in New York. I'm Mitchell Proner. If you're looking for an experienced, skilled attorney to represent you or a loved one in New York, contact me today.

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attorney: Proner & Proner


What is Howard | Nassiri's experience with debt settlement?

Howard | Nassiri, LLP

To date, our firm in conjunction with our service provider Morgan Drexen has settled unsecured credit card debt in upwards of ten million dollars at 41% on the dollar. We are helping a lot of Californians get back on the road to financial freedom through our concerted efforts. I'm Vincent Howard, senior and managing partner of Howard/Nassiri. We work hard every day representing the consumer from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


What is debt settlement?

Howard | Nassiri, LLP

Debt settlement is an aggressive approach to reducing the amount of unsecured debt that a person owes. The length of time in a program can vary, but it usually ranges anywhere from six months to four years depending on how aggressive of an approach the consumer wants to take. I'm Vincent Howard, Senior and Managing Partner of Howard Nassiri. We work hard every day, representing from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


How long will debt settlement take in California?

Howard | Nassiri, LLP

A debt settlement program can take anywhere from 6 months to 4 years. How long anyone is in a debt settlement program is really going to depend on how aggressive of an approach they want to take. If they want to save more money faster and put more money into their trust account, allowing attornies the ability to negotiate their debts faster then they're going to be in them for a shorter amount of time. If they don't have a lot of disposable income then it's going to take longer, but on average anywhere from 6 months to 4 years. I'm Vincent Howard, Senior and Managing Partner of Howard Nisery. We work hard every day representing the consumer from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


Will my credit score be harmed by debt settlement?

Howard | Nassiri, LLP

In California, your credit may be harmed by a debt settlement. Most programs are designed to instruct the consumer to stop paying their credit card debt, which is usually the type of debt you’re dealing with, with these programs. When that happens, creditors are allowed to continue to charge you interest, uh, late fees may accrue, and in some of the more extreme situations, uh, you may be the victim of a lawsuit. Uh, so, your credit may be adversely affected. But, it is best that when you are looking around for debt settlement programs you try and find one that has adequate legal representation. Because only a lawyer can make sure your rights are looked out for. I’m Vincent Howard, senior and managing partner of Howard and Nassiri. We work hard everyday representing the consumer, from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


Are debt settlements common in California?

Howard | Nassiri, LLP

Given our current economic crisis and situation, debt settlement is becoming more and more common in California. Uh, you will see on the news or on radio ads, or TV ads, debt settlement companies are popping up all over the place in California. Uh, you have to be very careful and do your due diligence when looking to see, uh, what debt settlement program you want to engage in. Uh, one thing, uh, I think that would be in the consumer's best interest is to look for a debt settlement program that is attorney based. Because only an attorney can enforce your rights in a court of law. Debt settlement companies can't do that. I'm Vincent Howard, senior and managing partner of Howard and Nassiri. We work hard everyday representing the consumer, from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


How can a debt settlement attorney help me?

Howard | Nassiri, LLP

A debt settlement attorney can help you in a number of ways. One, all your debt settlement attorney is going to know what the law is. Debt settlement companies can't, and when a debt settlement attorney gets a case, he or she can look to make sure that the debt can even be a collection. A lot of times, debt collection companies and creditors try to collect on debts that have already been paid, debts that are timed out. Only an attorney is going to be able to look at your specific situation and guide you appropriately through your debt settlement program. I'm Vincent Howard, senior managing partner of Howard Debt Series. We work hard every day representing the consumer from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


Who is eligible for debt settlement in California?

Howard | Nassiri, LLP

In California, if you have unsecured debt, $5000 or more, and you have disposable income that will allow you to make payments in a debt settlement program, then you're going to be eligible to enroll in a debt settlement program. Some of the things that a consumer might want to think about is whether or not they are what's called "judgement proof," and those are things that you can talk about with your attorney that will help you make a decision as to whether you should even enroll in a debt settlement program. I'm Vincent Howard, senior and managing partner of Howard Nassiri. We work hard every day representing the consumer from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


Are my credit cards covered in a debt settlement program?

Howard | Nassiri, LLP

All your credit cards will be covered in a debt settlement program if you decide to enroll them in the program. Some consumers decide to put some of their credit card debt in the program, while keeping current in continuing to make payments on others, but any credit card that you wish to put through the program is eligible for the program. I'm Vincent Howard, senior and managing partner of Howard Nassiri. We work hard everyday representing the consumer everyday,from our headquarters in Orange County California if you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


Who qualifies for a debt settlement program in California?

Howard | Nassiri, LLP

In California, you qualify for debt settlement program if you have a large amount of unsecured debt, usually $5,000 or more. If you’re having trouble making the payments, and you have enough disposable income to make a monthly payment into a trust account, say for example, which is used to settle the uh, amount of unsecured debt that you have. I’m Vincent Howard, senior and managing partner of Howard & Nassiri. We work hard everyday representing the consumer, from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


How does the financial crisis effect debt settlement programs?

Howard | Nassiri, LLP

The current climate may make it easier to get a debt settlement, because the economic situation we’re dealing with now is financial institutions that are failing. And they’re failing because they need liquidity, they need money. Debt settlement is a way for them to get this money. Some money is better than no money. So, where as maybe in the past they may have been slow to settle certain consumer accounts, now they’re going to speed it up and do that - because they need that money given their financial situation, if they’re in a bad way. I’m Vincent Howard, senior and managing partner of Howard Nassiri. We work hard every day, representing the consumer, from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


What does fair debt collection mean?

Howard | Nassiri, LLP

Fair Debt Collection simply means that debt collectors, when they are engaging in the business of collecting on their debts, they must engage in fair practices in doing that. They can't do anything false or misleading or anything that would be considered unfair. I'm Vincent Howard, Senior and Managing Partner of Howard/Nassiri. We work hard every day representing the consumer from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


What debts fall under the Fair Debt Collection Practices Act?

Howard | Nassiri, LLP

Under the Fair Debt Collection Practices Act, any debt, or any item that was purchased with a credit card for your personal, family or household use is a debt that is covered under the act. I'm Vincent Howard, Senior and managing partner of Howard/Nassiri. We work hard everyday representing the consumer from our headquarter in Orange County California. If you need and attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


How can I stop a debt collector from contacting me?

Howard | Nassiri, LLP

Uh, a surefire way to stop a debt collector from contacting you is retaining the services of an attorney. Because under the Fair Debt Collection Practices Act, if a debt collector knows that you are represented by an attorney, and they know how to get in contact with that attorney, then all direct and indirect contact with the consumer must stop, and they must go through that person's attorney. I'm Vincent Howard, senior and managing partner of Howard Nassiri. We work hard everyday representing the consumer from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


What debt collection actions are prohibited?

Howard | Nassiri, LLP

Under the Fair Debt Collection Practices Act, uh,it prevents debt collectors as that term is defined under the Act, uh, from engaging in harassment and abuse of the consumer, uh, false or misleading communications and general unfair business practices. I'm Vincent Howard, Senior and Managing Partner of Howard and Nassiri. We work hard everyday representing the consumer from our headquarters in Orange County California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


How can an attorney help against unfair debt collection?

Howard | Nassiri, LLP

A debt collection attorney can help you under a fair debt collections violation by protecting you from the harassment and abuse that debt collectors may engage in. Also a debt collection practice act attorney can also review the actual debts that the debt collection company is trying to collect on to make sure it is a debt that could actually be collected on. Sometimes debt collection agencies engage in debts that are whats termed as timed out, debts that can no longer be collected or debts that you may not even owe, and a debt collection attorney can review your specific situation and advise you accordingly. I'm Vincent Howard senior in managing partner of Howard and Asiri. We work hard everyday representing the consumer from our headquarters in Orange County California. If you need an attorney you can trust go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


What do I do if a debt collector has violated the law?

Howard | Nassiri, LLP

In California, if you believe a debt collector has cross the line or violated the law, what you first must do is document the wrongdoing. So many times I have clients that come in and they tell me in general that a debt collector has crossed the line, but what I specifically need to know, or what an attorney needs to know is what exactly were the bad acts? For example, a common violation is phone calls- harassing phone calls by the debt collectors after the given time periods. Or they've said harassing or abusive things to that consumer. You need to document that, get the time, date, who you spoke with and what was said, and give that over to your attorney and that's the first step in prosecuting one of these claims. I'm Vincent Howard, senior and managing partner for Howard Nassiri. We word hard every day representing the consumer from our headquarters in Orange County, CA. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


Can I file a complaint against debt collectors?

Howard | Nassiri, LLP

In California, if you feel that you have been the victim or that a debt collector has violated the fair debt collection practices act, there's two things you can do. The law provides for civil remedy. That means you can hire an attorney to prosecute the matter and pursue your rights. Or you can go the route of an administrative remedy and that is where you can make a formal complaint to the Federal Trade Commission which is the commission that regulates this area and then they can look into it. I'm Vincent Howard. Senior and managing partner of Howard Nesery. We work hard everyday representing the consumer from our headquarters in Orange County California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


How do debt settlement programs in California work?

Howard | Nassiri, LLP

In California, debt settling programs work one of two ways. The first way, the debt settling company gets all their money up front, negotiates something with the lender and passes it off to the consumer and says, "here you go, you're on your own." The better debt settlement companies do it this way - they have the consumer pay money into a trust account over time, and you can only do this with a law firm. Once that money accumulates and so much money is in that account, the attorney makes an offer of settlement to the creditors and when that attorney makes that offer of settlement that money is there. That program is much more successful. I'm Vincent Howard, senior and managing partner of Howard Nassiri. We work hard every day representing the consumer from our headquarters in Orange County, California. If you need attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


What's the first step in a debt settlement program?

Howard | Nassiri, LLP

In California, your first move in deciding you want to enter into a debt settlement program is to contact someone you trust and feel comfortable with. Once you’ve done that, usually what they’re going to instruct you to do is to stop making payments on your credit cards. And remember, this may adversely affect your credit scores. But you have to look at it this way. If you’re already reaching out to someone needing that help, your credit score’s probably being impacted already by not making payments at all or making slow payments altogether. After that you’re going to do a financial assessment to see if debt settlement is right for you. And then you’re going to start making payments into a trust account that is designed to hold your money and use that money to settle your unsecured debt. I’m Vincent Howard, senior and managing partner of Howard Nassiri. We work hard every day, representing the consumer, from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


Will a debt settlement program stop the harassing phone calls?

Howard | Nassiri, LLP

In California, if you enroll in a debt settlement program where an attorney provides you representation, it may stop the harassing calls from creditors and debt collectors. Under federal law, debt collectors as that term is defined, once you are represented by an attorney the debt collector has to stop the harassing calls. They have to. That's not the same for state law. However, California has a more inclusive statute that protects consumers from harassing calls and only an attorney can make sure that that stops. I'm Vincent Howard, senior and managing partner of Howard Nassiri. We work hard every day representing the consumer from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


How long will it take debt settlement to get me out of debt?

Howard | Nassiri, LLP

In California, once you engage in a debt settlement program, how fast you get out of debt is really going to depend on you. In some of the better programs where you're putting money into a trust account with an attorney giving them the ability to negotiate your debt away, it's going to depend on how much disposable income you're going to have and how much money you're going to have to put in that trust account. If you put more money in there, of course you're going to get out of debt a lot faster than someone who's putting less money in there. So, at the end of the day it's going to depend on the actual consumer on how fast they get out of debt. I'm Vincent Howard, senior and managing partner of Howard and Nesery. We work hard every day representing the consumer from our headquarters in Orange County California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


Debt settlement or bankruptcy in California?

Howard | Nassiri, LLP

In California, it's going to depend on the individual consumer's situation as to whether they should enroll in a debt settlement program, or whether they should declare bankrupcy. Certainly, if someone doesn't have a lot of disposable income, or any disposable income, to make the monthly payments necessary to be in a debt settlement program, and if they have an insurmountable amount of unsecured debt, then bankrupcy may be the way to go. But keep this in mind - with the change in the new bankrupcy's laws, it's not like it used to be, where you filed bankrupcy and, that's it, my hands are wiped clean of it. With the new bankrupcy laws, you may still have to be in a repayment program, just like you would in a debt settlement program. I'm Vincent Howard, senior and managing partner of Howard Nassiri. We work hard every day, representing the consumer, from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


Does my debt go away in a debt settlement?

Howard | Nassiri, LLP

Your debt may go away in a debt settlement program. I mean at the end of the day that's the goal. Our goal - or anyone going into a debt settlement program, that program's goal is to negotiate away your unsecured debt. However, the consumer has to realize that it's up to the creditor ultimately whether or not they want to reduce or even erase the amount of debt that you owe. Most of the times they will do that because some money is better than no money. I'm Vincent Howard, senior and managing partner of Howard Nassiri. We work hard every day representing the consumer from our headquarters in Orange County, California. If you need an attorney you can trust, go ahead and give us a call.

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attorney: Howard | Nassiri, LLP


Can I keep my house in a bankruptcy?

Alford & Bertrand, LLC

In many cases you keep your home and you keep all your personal possessions. If you are behind on your mortgage in many cases a chapter 13 plan will allow you to pay back your mortgage arrears without interest, or penalties or late fees, over a period of up to 5 years. I'm Stuart Alford, a bankruptcy lawyer of the law firm of Alford & Bertrand. I've been practicing bankruptcy law for almost 20 years

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attorney: Alford & Bertrand, LLC


When should I consult an attorney regarding bankruptcy?

Alford & Bertrand, LLC

If you are considering filing for bankruptcy or if you have questions about bankruptcy you should consult an attorney rather than go it alone. If you're receiving phone calls at home from creditors or if you are more than one payment behind on your mortgage, you should consult with an attorney immediately. I'm Stuart Alford, a bankruptcy lawyer with the law firm of Alford & Bertrand. I've been practicing bankruptcy law for almost 20 years.

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attorney: Alford & Bertrand, LLC


What is chapter 13 bankruptcy?

Alford & Bertrand, LLC

Chapter thirteen bankruptcy is available, number one, for somebody who has mortgage arrears that they cannot pay, that their house is being foreclosed. And it allows them to do two things. One pay the mortgage arrears over a period of five years. It also allows them to pay only a portion of their unsecured debt, such as credit card debt, often as low as ten percent. Chapter thirteen is also available for people whose income is too high to allow them to file a chapter seven. Hi, I’m Harvey Alford with the law firm of Alford and Bertrand. We have thirty years expertise in the area of bankruptcy. If you feel you need a fresh financial start, we offer a free consultation.

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attorney: Alford & Bertrand, LLC


What will bankruptcy protect me from?

Alford & Bertrand, LLC

The filing of a bankruptcy petition will protect you from creditor action. It will protect you from phone calls. It will protect you from law suits. It will protect you from foreclosure. It will protect you from repossession. I'm Stuart Alford a bankruptcy lawyer with the law firm of Alford & Bertrand. I've been practicing bankruptcy law for almost 20 years.

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attorney: Alford & Bertrand, LLC


How common are bankruptcy filings in Massachusetts?

Alford & Bertrand, LLC

Bankruptcy filings are more common now than ever before, especially due to the current economic crisis which we currently face. Many consumers are finding that bankruptcy is their only remaining option for relief, or in many cases the only way to save their home from foreclosure. I'm Stuart Alford, a bankruptcy lawyer with the law firm of Alford & Bertrand. I've been practicing bankruptcy law for almost 20 years.

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attorney: Alford & Bertrand, LLC


What is bankruptcy?

Alford & Bertrand, LLC

Bankruptcy allows debtors to get relief from their debt and protection from their creditors. In many cases bankruptcy will allow somebody to save a home from foreclosure or a vehicle from reposition. I'm Stuart Alford, an bankruptcy lawyer with the law firm of Alford & Bertrand. I've been practicing bankruptcy law for almost 20 years.

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attorney: Alford & Bertrand, LLC


What are the chances of being acquitted in a murder case?

Altman & Altman, LLP

Your chances for acquittal in a murder case is going to depend on the circumstances and the strength of the prosecutions case, as well as your defense. You could have the weakest case in the world against you but if you have an attorney who doesn't know how to handle that case, you can be convicted. So the important thing, assuming you want to avoid life imprisonment, get the right attorney, an experienced attorney, who knows what they're doing to represent you, and fight. I'm Sam Goldburg the council for criminal defense matters at Altman & Altman in Cambridge, Massachusetts. I have twenty five years of experience, if you're in trouble and you need someone in your corner who cares and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


What's the first step to take if I think I have mesothelioma?

Law Offices of James Sokolove, LLC

If someone ha-, thinks they’ve been exposed to asbestos, and thinks that they might have mesothelioma, the first thing they should do is seek the best possible medical treatment available. There are specialized treatment centers for mesothelioma around the country. So the first thing that a victim should do is get access to the best possible treatment. After that, they should contact a law firm that specializes in mesothelioma claims. I’m attorney Chip Sokolove. If you’ve been injured, call us.

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attorney: Law Offices of James Sokolove, LLC


What will bankruptcy protect me from?

Alford & Bertrand, LLC

Bankruptcy will protect you number one, from creditors. Number two, from lawsuits. Number three, from possibly foreclosure. Number four possibly from repossession of your automobile. Number five, harrassing phone calls. Those are the major things that bankruptcy will proctect you from. Hi, I'm Harvey Alford with the law firm Alford and Bertrand, we have 30 years expertise in the the area of bankruptcy. If you feel you need a fresh financial start we offer a free consultation.

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attorney: Alford & Bertrand, LLC


How long will I go to jail for a sex crime conviction?

Altman & Altman, LLP

If you are convicted of a sex crime in Massachusetts, how much time you end up serving, if any, depends on a few things. First and foremost, the circumstances of the case. Was there a weapon involved? Was it rape? Was it indecent assault and battery? How old was the victim? What is the relationship between the victim and the defendant? Those types of things. It's also going to depend upon your defense, frankly, because whatever you have brought to your defense, and played out during the case and presented to the judge, the judge is going to take all those things into account when determining sentencing. I'm Sam Goldberg, Lead Counsel for criminal defense matters at Altman & Altman in Cambridge, Massachusetts. I have 25 years of experience. If you're in trouble and you need someone in your court who cares and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


What is chapter 7 bankruptcy?

Alford & Bertrand, LLC

A Chapter Seven bankruptcy is a bankruptcy which has a goal to discharge or wipe out all of your unsecured debt, meaning credit card debt, doctors' bills, oil bills, hospital bills, things that aren't secured by collateral that you want to keep such as a home loan or an auto. But you also have an alternative, a choice, if you have a car that you want to get rid of, you can get rid of the car, and get rid of that debt. If you have a house that for any reason you feel that you no longer can afford to live in, and you want to surrender the house and get rid of that debt, you can do that with a Chapter Seven as well. Hi, I'm Harvey Alford, with the law firm of Alford and Bertrand. We have thirty years' expertise in the area of bankruptcy. If you feel you need a fresh financial start, we offer a free consultation.

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attorney: Alford & Bertrand, LLC


Can I keep my house in a Massachusetts bankruptcy?

Alford & Bertrand, LLC

Almost all of our clients keep their house in a bankruptcy. There's a Homestead Act in Massachusetts if you've been living in a house long enough. You're entitled to protect up to 500,000 in equity if you file a bankruptcy, but that doesn't apply to everybody, it depends how long you been in the house. All the more reason to consult an attorney as soon as the thought of bankruptcy crosses your mind, just make sure number one, that your house is protected number two, that you have a Homestead filed, that if you're within that protection range of protection you keep your house as long as you make your mortgage payments. Hi, I'm Harvey Alford of with the law firm of ALFORD & BERTRAND. We have thirty years expertise in the area of bankruptcy. If you feel you need a fresh financial stock,we offer free consultation.

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attorney: Alford & Bertrand, LLC


How long do restraining orders last in Massachusetts?

Altman & Altman, LLP

In Massachusetts, restraining orders are allowed after what's called a 209A hearing. The 209A hearing is really two tiered. First, the complainant comes by themselves, asks the judge for a temporary order - temporary restraining order - keeping the other party away because they're in fear. That's allowed for usually about a week. Then, the defense comes in and there's the second tier. If the defendant loses then, the restraining order that's allowed lasts for about a year. I'm Sam Goldberg, lead Counsel for criminal defense matters in Cambridge, Massachusetts. I have 25 years of experience. If you're in trouble and you need someone in your court who cares and will fight, give me a call.

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attorney: Altman & Altman, LLP


What is the Clerk Magistrate's Hearing for assault cases?

Altman & Altman, LLP

Normally, misdemeanor criminal cases in Massachusetts, are begun by the DA issuing a complaint. A clerk magistrates hearing, he's given in certain cases to determine whether or not that complain should issue. So, it actually happens before the arrangement and it is a chance to avoid the arrangement. It's to determine whether there is a probable cause to believe that the crime was committed, and committed by that defendant. I'm Sam Goldberg, the counsel for criminal defense matters, at Altman & Altman, in Cambridge, Massachusetts. I have 25 years of experience. If you're in trouble, and you need someone in your corner, who cares, and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


What is your experience defending people accused of murder?

Altman & Altman, LLP

I've been handling homicide cases for many years, starting with being a prosecutor in New York during which time I spent a year prosecuting nothing but homicide cases. I know how the prosecutors think. I know what the judges are concerned about. I know the defenses. I know the tactics. I also know how to get that steel in your gut so that you can vigorously, no matter what accusations there are, defend your client to the best of your ability. I'm Sam Goldberg, lead counsel for criminal defense matters at Altman and Altman in Cambridge, MA. I have 25 years of experience. If you're in trouble and you need someone in your corner who cares and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


Will I lose my license due to a vehicular assault conviction?

Altman & Altman, LLP

If you're convicted in Massachusetts for a vehicular assault crime, you absolutely can lose your license. It's almost a sure bet that the registry is going to try to take your license. However, it's not a done deal. My advice is you get counsel who knows how to handle these cases. Obviously, I would expect your attorney, if they're experienced at all, was planning for this possibility in the defense of your case, and they should be defending you with the registry to help you keep your license or at least get a Cinderella license, a license that you can use in order to go to work. I'm Sam Goldberg, lead counsel for criminal defense matters at Altman & Altman in Cambridge, Massachusetts. I have 25 years of experience. If you're in trouble and you need someone in your corner who cares and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


What's the #1 mistake people make after being arrested for armed assault?

Altman & Altman, LLP

The number one mistake that I see people make in assault cases, particulary assault and battery with a dangerous weapon cases, is to think that the authorities are going to see things the way they do. In other words, the defendant says "well I was justified because he said this and he said that and he got me angry and blah, blah, blah". Well the fact is, it's still a crime. But if they don't take it seriously from the beginning, they don't hire the right defense attorney to represent them seriously. And so that is the number one mistake, not taking it seriously, not hiring counsel and basically making all kinds of statements that end up hanging you down the road. I'm Sam Goldberg, Lead Counsel for criminal defense matters at Altman and Altman in Cambridge Massachusetts. I have 25 years of experience. If you're in trouble and you need someone in your corner who cares and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


What constitutes an armed assault & battery in Massachusetts?

Altman & Altman, LLP

In Massachusetts, an armed assault and battery is really an assault and battery with a dangerous weapon. That dangerous weapon can be anything. It can be a shoe. You've probably heard of assault and battery with a shod foot, that's a-, a foot with a shoe in it. It can be a gun, it can be a car, it can be a pencil. It can be anything. The fact is any item can be used as a weapon. If any item is used as a weapon, armed assault. I'm Sam Goldbert lead counsel for criminal defense matters at Altman and Altman at Cabridge, Massachusetts. I have 25 years of experience. If you're in trouble and you need someone in your corner, who cares and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


Is a sneaker considered a weapon in an armed assault case?

Altman & Altman, LLP

A sneaker is a funny thing in terms of armed assault and battery in Massachusetts. It’s softer than a shoe. So very often, if a person’s wearing a sneaker when they kick somebody, it’s not treated like an assault and battery with a dangerous weapon. However, if I pick up my sneaker and I use it like a battering and I throw it at you – armed assault. I’m Sam Goldberg, Lead Counsel for criminal defense matters at Altman and Altman in Cambridge, Massachusetts. I have twenty-five years of experience. If you’re in trouble and you need someone in your corner who cares and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


Do I need to hire an attorney for a drug crime?

The Baker Law Firm LLC

A person who has been arrested for a drug crime in all candor should hire a criminal defense attorney, although public defenders are available for persons who have been arrested for drug crimes, the better part about hiring a criminal defense attorney is that you have somebody that you can call, who can walk you through the process and who can give you the individual attention that you deserve while you are going through a foreign process that can have dire consequences for your future. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over the state of Arizona in criminal law matters such as drug possession, domestic violence and assault.

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attorney: The Baker Law Firm LLC


Will I go to jail for a domestic violence conviction in Massachusetts?

Altman & Altman, LLP

In Massachusetts, domestic violence is a category, or type of crime, it's not a statutory offense. It would however include things like assault, assault and battery, depending upon the circumstances. However, because it's domestic violence it's treated particularly seriously and with a lot more sensitivity. How much time if any you're likely to serve in a conviction for that type of case depends on the type of case, the facts, and frankly, your representation. I'm Sam Goldberg, lead counsel for criminal defense matters at Altman and Altman in Cambridge, Massachusetts. I have twenty five years of experience. If you're in trouble, and you need someone in your corner who cares and who will fight for you, give me a call.

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attorney: Altman & Altman, LLP


Is viewing child pornography a crime in Massachusetts?

Altman & Altman, LLP

In Massachusetts, the viewing and particularly the possession of child pornography is illegal. And they take those cases quite seriously. Often the federal authorities are involved because often this is done on the internet interstate. But the short answer is yeah. I'm Sam Goldburg, lead counsel for Criminal Defense Matters at Altman and Altman in Cambridge, Massachusetts. I have twenty five years of experience. If your in trouble and you need someone in your corner who cares and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


What constitutes a hate crime in Massachusetts?

Altman & Altman, LLP

In Massachusetts, any crime can be elevated to a hate crime if the circumstances surrounding the offense merit it. In other words, if there is an assault case, or a malicious destruction of property, and it is done because of hatred based on race, gender, sexual orientation, that type of thing, it's going to be prosecuted as a hate crime. As a result, the sentence involved if there is a conviction in the case is going to be stiffer. I'm Sam Goldberg, lead counsel for criminal defense matters at Altman & Altman in Cambridge, Massachusetts. I have 25 years of experience. If you're in trouble, and you need someone in your corner who cares and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


How long will I go to jail for a domestic violence conviction?

Altman & Altman, LLP

In Massachusetts, domestic violence is a category, or type of crime. It's not a statutory offense. It would, however, include things like assault, assault and battery; depending upon the circumstances. However, because it's domestic violence, it's treated particularly seriously, and with a lot more sensitivity. How much time, if any, you're likely to serve in a conviction for that type of case depends on the type of case, the facts, and, frankly, your representation. I'm Sam Goldberg, lead counsel for criminal defense matters at Altman & Altman, in Cambridge, Massachusetts. I have 25 years of experience. If you're in trouble, and you need someone in your corner who cares and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


Can I modify my divorce decree in Arizona?

The Baker Law Firm LLC

In Arizona, parties are always able to modify a divorce decree, or a provision in a final order, provided that at least 6 months or in some cases a year elapses from the date of the original order. If there is a substantial and continuing change of circumstances that the court would warrant a modification of the decree, a decree can be modified. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over the state of Arizona in family law matters including divorce, child custody, child support and parenting time matters.

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attorney: The Baker Law Firm LLC


Should I have an attorney at my probation violation hearing?

Altman & Altman, LLP

In Massachusetts, I would say you’re basically crazy if you don’t have an attorney represent you in a probation violation. As a matter of fact, very often, you have an absolute right to be represented and if you can’t afford an attorney you’re indigent and the court will assign you somebody. But, the fact is, even if that‘s not the case, and you don’t qualify for court-appointed counsel, you got to have an attorney that’s experienced in dealing with probation violation hearings. They’re they’re animals in and of themselves, different from other criminal cases. And, without that representation, you’re probably going on a voyage. I’m Sam Goldberg, lead counsel for criminal defense matters, at Altman and Altman in Cambridge, Massachusetts. I have twenty-five years of experience. If you’re in trouble and you need someone in your corner, who cares, and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


How long does a sex offender registration last?

Altman & Altman, LLP

If you’re convicted of a sex crime in Massachusetts you will have to register on the sex offender registry. How long you will have to register depends on the circumstances, and particularly, what offense you were convicted of. Also, your prior record. There’s often a hearing if you challenge where they want to post you in terms of the tiers, or the levels of sex offenders, which also determines how long you’ll have to do it. You have the right to counsel to represent you and I would advise that you do that. But, it depends on those circumstances what level. It can be anywhere from the rest of your life to a much shorter time. I’m Sam Goldberg, Lead Counsel for criminal defense matters at Altman & Altman in Cambridge, Massachusetts. I have 25 years of experience. If you’re in trouble and you need someone in your corner who cares and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


What's the #1 mistake people make once they've been arrested?

Altman & Altman, LLP

The number one mistake that people make when they are confronted with the criminal justice system is thinking that they can handle it on their own, it's no big deal. If I just explain, with my golden tongue, what the circumstances are everybody will say, "forget it. Let's go home." That does not happen. It is critical at moment one, if not sooner, to get an experienced attorney on your side to protect you, to advise you. Too many times, people make all kinds of statements, they think they are helping themselves and they're hurting themselves. Get an attorney right away, follow what that attorney says and let the attorney do his or her job. I'm Sam Goldberg, lead counsel for criminal defense matters at Altman and Altman in Cambridge, Massachusetts. I have twenty-five years of experience. If you're in trouble and you need someone in your corner who cares and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


Will I go to prison for vehicular assault in Massachusetts?

Altman & Altman, LLP

You could go to jail for a conviction for vehicular assault in Massachusetts, just like any other criminal case, particularly an assault case. Remember, you're looking at felony charges, assault and battery with a dangerous weapon. It's one of the most dangerous weapons, it's not a gun, but it can crush and kill people very easily. So, whether or not you end up going to jail is going to depend on the facts and circumstances and frankly your representation and what you present before the court for the judge to take into account if there is a conviction in sentencing. I'm Sam Goldberg, lead counsel for criminal defense matters at Altman and Altman in Cambridge, Massachusetts. I have 25 years of experience. If you're in trouble and you need someone in your corner who cares and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


Can I be sued for a hate crime?

Altman & Altman, LLP

You can be sued for a hate crime in Massachusetts. What I mean by this is that, if that hate crime caused another person damage, such as malicious destruction of their property or assault and battery, that type of thing. Then absolutely, the so called victim can bring a civil complaint and sue you for the damages that they sustained. The fact that it's based on a hate crime, is going to raise what they are going to look for because a hate crime is going to be an aggravating circumstance that a jury and a judge is not going to like. I'm Sam Goldberg lead council for criminal defense matters at Altman and Altman in Cambridge, Massachusetts. I've 25 years of experience. If you're in trouble, and you need someone in your corner who cares and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


How does a hate crime accusation raise the stakes in an assault case?

Altman & Altman, LLP

In Massachusetts we are very concerned about hate crimes. People are extremely sensitive to those hate crimes be it the hatred based on gender, race, sexual orientation, what have you. As a result those cases are going to first of all get more publicity and second of all be treated more harshly in the courts. It's going to be tougher. Even if in a regular assault case, for example, you might be able to get it - the case dismissed or work out a plea bargain where there is no jail, well if it's a hate crime, particularly because of the public exposure a prosecutor is going to be very reluctant -- as is the judge -- to give any kind of leniency. I am Sam Goldberg, lead counsel for criminal defense matters at Altman & Altman in Cambridge, Massachusetts. I have 25 years of experience. If you are in trouble and you need someone in your corner who cares and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


What's the #1 mistake people make when arrested for domestic violence?

Altman & Altman, LLP

The number one mistake that I see people make when arrested in a domestic violence situation is not taking it seriously soon enough. It is critical to get an attorney involved who is experienced with these type of cases. Too often people figure, well the charges are going to be dropped, nobody's going to take it seriously, I just had an argument with my spouse. Don't think that way because the court doesn't think that way. Take it seriously from moment one. I'm Sam Goldberg, lead counsel for criminal defense matters at Altman & Altman in Cambridge Massachusetts. I have 25 years or experience. If you're in trouble and you need someone in your corner who cares and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


Can I still be convicted of vehicular assault if it was an accident?

Altman & Altman, LLP

In Massachusetts generally you are not prosecuted for an accident, a car accident. That’s called a car accident; there may be a civil case. However, if you were driving negligently, or driving dangerously so as to endanger other people, that’s a crime. And if that driving to endanger led to the vehicular assault or say if you were drunk and that led to the vehicular assault, even though the striking of the other individual was not exactly intentional, you can be prosecuted and you can be convicted for that vehicular assault. To say nothing of the fact that maybe it is an accident, but the prosecution doesn’t believe it is an accident until the case goes to trial. And if they convince the jury beyond a reasonable doubt, guilty. I’m Sam Goldberg, Lead Counsel for criminal defense matters at Altman and Altman in Cambridge, Massachusetts. I have twenty-five years of experience. If you’re in trouble and you need someone in your corner who cares and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


Can assets be seized in a drug crime in Arizona?

The Baker Law Firm LLC

In Arizona, if you've been arrested for a drug crime, for any other type of drug crime rather than just simple possession, there is a very good chance that your assets will be seized; including your automobile, your cash assets or any other tangible assets that are worth any high monetary value. It is imperative upon you to hire a criminal defense attorney who is experienced in asset forfeiture and getting those materials back, because if you do not do it withing a timely manner, you will not see those materials again. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over the state of Arizona in criminal law matters, such as drug possession, domestic violence and assault.

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attorney: The Baker Law Firm LLC


Will pleading guilty help me avoid jail time for drug crimes in Arizona?

The Baker Law Firm LLC

Every case is different and pleading guilty or going to trial or entering into a diversion program are all decisions that should be made with the advice and council of your attorney, but only after reviewing all of the evidence in the case. At the initial stages of a case it is often times too early determine what decision should be made to dispose of the case. However, avoiding jail time is often one of the most important facets of a criminal defense case and often times pleading guilty will in fact prevent any opportunity for the state to sentence you to jail. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over the state of Arizona in crinimal law matters such as drug possession, domestic violence and assault.

tags: criminal defense michael baker baker phoenix arizona attorney lawyer drug crimes drugs jail paraphernalia pot marijuana addiction assets drug offense domestic violence

attorney: The Baker Law Firm LLC


What is the role of an attorney in a Domestic Violence case in Arizona?

The Baker Law Firm LLC

In Arizona, handling a domestic violence matter is often tricky and fraught with various different persons who have interest in the proceeding. A victim might want to be protected but also might want to get back together with a defendant. The defendant might be prevented by terms of their release conditions from even going back to the home where a married couple had been for many, many years. Therefore the role of a defense attorney is two-fold. Its one to handle the actual criminal matter but on the other hand it to act in some sense as a counselor navigating through a process that is unfamiliar. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over the state of Arizona in crinimal law matters such as drug possession, domestic violence and assault.

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attorney: The Baker Law Firm LLC


Will I be able to buy a car after filing for bankruptcy?

Alford & Bertrand, LLC

Most people who file bankruptcy are able to purchase an automobile subsequent for the filing and discharge of either a chapter seven or a chapter thirteen bankruptcy. I'm Stewart Alford, a bankruptcy lawyer with the law firm of Alford and Bertrand. I've been practicing bankruptcy law for almost twenty years.

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attorney: Alford & Bertrand, LLC


Can I file for bankruptcy without my spouse?

Alford & Bertrand, LLC

You can file bankruptcy without your spouse, or a married couple can file a joint petition, as husband and wife. I'm Stuart Alford the bankruptcy lawyer with the law firm of Alford and Bertrand. I've been practicing bankruptcy law for almost 20 years.

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attorney: Alford & Bertrand, LLC


Will collection calls stop after I file for bankruptcy?

Alford & Bertrand, LLC

Once you've engaged the services of a bankruptcy attorney, many of your creditors will call your attorney's office instead of contacting you directly. After the bankruptcy has been filed with the court, your creditors are prohibited from contacting you directly. I'm Stuart Alford, a bankruptcy lawyer with the law firm of Alford & Bertrand. I've been practicing bankruptcy law for almost 20 years.

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attorney: Alford & Bertrand, LLC


Why do I need a lawyer to handle my bankruptcy?

Alford & Bertrand, LLC

Bankruptcy law is complicated. It has become even more complicated since the so-called Bankruptcy Reform Act of 2005. Don't go it alone. Have an experienced bankruptcy attorney represent you. I'm Stuart Alford, Bankruptcy Lawyer with the law firm of Alford and Bertand. I've been practicing bankruptcy law for almost 20 years.

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attorney: Alford & Bertrand, LLC


What happens to student loans in a bankruptcy?

Alford & Bertrand, LLC

Student loans are almost never discharged by the filing of a bankruptcy. The only instance in which students loans would be discharged would be a showing of extraordinary hardship, in a hearing before a bankruptcy judge. I'm Stuart Alford, a bankruptcy lawyer with the law firm of Alford & Bertrand. I've been practicing bankruptcy law for almost 20 years.

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attorney: Alford & Bertrand, LLC


What debts are forgiven in a bankruptcy?

Alford & Bertrand, LLC

The question is better asked the other way around. There are many more debts that are forgiven in a bankruptcy than are not forgiven. Debts which are discharged are the rule. Debts which are not forgiven is the exception. I'm Stewart Alford, a bankruptcy lawyer with the law firm of Alford and Bertrand. I've been practicing bankruptcy law for almost twenty years.

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attorney: Alford & Bertrand, LLC


What debts have to be paid back in bankruptcy?

Alford & Bertrand, LLC

Student loans are non-dischargeable in bankruptcy in almost all instances. Also, domestic support order such as alimony or child support or similar orders are non-dischargeable in bankruptcy. I'm Stuart Alford, bankruptcy lawyer with the law firm of Alford and Bertrand. I've been practicing bankruptcy law for almost 20 years.

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attorney: Alford & Bertrand, LLC


Can I keep my car after a bankruptcy?

Alford & Bertrand, LLC

Almost everybody who files bankruptcy keeps their car, uh, if they want to. In many cases somebody may wish to surrender a vehicle due to car payments that they are unable to afford, in which case they could elect to surrender the car. But if you don't want to surrender the car, in most cases, you will keep your vehicle as well as your other personal property. I'm Stewart Alford, a bankruptcy lawyer with the law firm of Alford and Bertrand. I've been practicing bankruptcy law for almost twenty years.

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attorney: Alford & Bertrand, LLC


How do I know if I should file for bankruptcy?

Alford & Bertrand, LLC

Meet with an experienced bankruptcy attorney to discuss youf financial situation in detail to determine whether or not bankruptcy will provide you with the relief that you need. I'm Stewart Alford, a bankruptcy lawyer with the law firm of Alford and Bertrand. I've been practicing bankruptcy law for almost twenty years.

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attorney: Alford & Bertrand, LLC


Does everyone qualify for bankruptcy?

Alford & Bertrand, LLC

Not everybody automatically qualifies to file a chapter 7 bankruptcy. There is a means test which all deters must take in order to establish their eligibility to file a chapter 7 bankruptcy. I'm Stuart Alford, bankruptcy lawyer with the law firm of Alford and Bertrand. I've been practicing Bancroft law for almost 20 years

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attorney: Alford & Bertrand, LLC


Who is the average person filing for bankruptcy?

Alford & Bertrand, LLC

There is no average bankrupt debtor. People from all walks of life are affected by financial crisis and find that bankruptcy provides them with the particular relief that they need for their problems. I'm Stuart Alford, a bankruptcy lawyer with the law firm of Alford & Bertrand. I've been practicing bankruptcy law for almost twenty years

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attorney: Alford & Bertrand, LLC


What's the difference between chapter 7 & 13 bankruptcy?

Alford & Bertrand, LLC

The chapter seven bankruptcy is a much shorter process which involves the filing of a bankruptcy participation, a meeting with a trusty and a subsequent discharge of dept. A chapter thirteen bankruptcy is a process which can last any where from three to five years and involves the repayment of at least part of your dept. I'm Stewart Alford a bankruptcy lawyer with the law firm of Alford and Bertrand I have been practicing bankruptcy law for almost twenty year's.

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attorney: Alford & Bertrand, LLC


What is chapter 13 bankruptcy?

Alford & Bertrand, LLC

A Chapter 13 Bankruptcy is a repayment plan. In many cases, a Chapter 13 debtor is allowed to pay back a portion of their debt over time and at the end of the case the balance of that debt is discharged. I'm Stuart Alford, a bankruptcy lawyer with the law firm of Alford & Bertrand. I've been practicing bankruptcy law for almost 20 years.

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attorney: Alford & Bertrand, LLC


What is chapter 7 bankruptcy?

Alford & Bertrand, LLC

Chapter seven bankruptcy is what most people think of when they hear the word "bankruptcy." It allows most debtors to keep all of their property and to get permanent relief from their debt. I'm Stewart Alford, a bankruptcy lawyer with the law firm of Alford and Bertrand. I've been practicing bankruptcy law for almost twenty years.

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attorney: Alford & Bertrand, LLC


Will I recover my credit after bankruptcy?

Alford & Bertrand, LLC

I'd tell people all the time cause that's the one question that's always asked. If you have a job with secure income, you will be surprised how quickly you will recover credit because you have secure income, you don't owe anybody else any money and you are not allowed to file bankruptcy for eight years so are actually considered a good credit risk. Hi, I'm Harvey Alford with the law firm of Alford and Bertram. We have 30 years expertise in the area of bankruptcy. If you feel you need a fresh financial start, we offer a free consultation.

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attorney: Alford & Bertrand, LLC


What are the steps to filing for bankruptcy in Massachusetts?

Alford & Bertrand, LLC

The first step for filing bankruptcy is to have a consultation with an attorney to see if you qualify, to find out what the benefits of the bankruptcy are going to be. What one should not do, is take unilateral steps such as transferring real estate into another name and things of that nature that often cause problems when you file bankruptcy, things that people do innocently enough but create a problem when they come to file, so they should see the attorney before doing anything. Hi, I'm Harvey Alford with the lawfirm of Alford & Bertrand. We have 30 years expertise in the area of bankruptcy. If you feel you need a fresh financial start, we offer a free consultation.

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attorney: Alford & Bertrand, LLC


Can I keep my car after a bankruptcy?

Alford & Bertrand, LLC

If you are filing a chapter 7 bankruptcy and you wish to keep your car and you can afford to make the payments and you are up to date on your payments, you can keep your car as long as the car is an exempt asset. If your car happens to be a Maserati, and it's worth $50,000, it may be a serious issue. So, sometimes it depends on how much the car is worth. Hi, I'm Harvey Alford, with the law firm of Alford a& Bertrand, we have thirty years expertise in the area of bankruptcy. If you feel you need a fresh financial start, we offer a free consultation.

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attorney: Alford & Bertrand, LLC


Who's the most typical bankruptcy filer in Massachusetts?

Alford & Bertrand, LLC

There is no such thing as the average person filing bankruptcy. Uh, millionaires file bankruptcy. John Conley, the former governor of Texas, filed bankruptcy. Uh, unemployed people file bankruptcy. Uh, doctors and lawyers file bankruptcy. So that, there, there is no average person who files bankruptcy. Hi, I’m Harvey Alford with the law firm of Alford and Bertrand. We have 30 years expertise in the area of bankruptcy. If you feel you need a fresh financial start, we offer a free consultation

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attorney: Alford & Bertrand, LLC


What happens to my debt after a bankruptcy?

Alford & Bertrand, LLC

If it's a straight Chapter 7 bankruptcy, the unsecured debt, meaning credit card debt, old utility bills, and medical bills and so forth, determines the discharge. Which means that they are noncollectable. There is a permanent restraining order on any attempt to collect them. They are in effect wiped out. You no longer owe them for all practical purposes. Hi, I'm Harvey Alford, with the law firm of Alford and Bertrand. We have 30 years expertise in the area of bankruptcy. If you feel you need a fresh financial start, we offer a free consultation.

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attorney: Alford & Bertrand, LLC


Why do I need a lawyer to file for bankruptcy?

Alford & Bertrand, LLC

Bankruptcy laws, the bankruptcy rules are very, very technical. And you can really find yourself wasting time, money and effort doing it yourself. You really, it’s an area that you really need a professional, and not only a lawyer, but a lawyer who’s experienced in bankruptcy law. Hi, I’m Harvey Alford with the law firm of Alford and Bertrand. We have thirty years expertise in the area of bankruptcy. If you feel you need a fresh financial start, we offer a free consultation.

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attorney: Alford & Bertrand, LLC


When should I consult an attorney about declaring bankruptcy?

Alford & Bertrand, LLC

If your debt is changing your quality of life, if it's affecting the way you eat, sleep, your relationship with your family, and you don't see any way to take care of your debt, you should consult an attorney. Hi, I'm Harvey Alford, with the law firm of Alford & Bertrand. We have 30 years expertise in the area of bankruptcy. If you feel you need a fresh financial start, we offer a free consultation.

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attorney: Alford & Bertrand, LLC


Should I bring a lawyer to a Clerk Magistrate hearing?

Altman & Altman, LLP

There are people who will tell you that you don't need to bring a lawyer to a clerk's hearing in Massachusetts, technically they're right, you don't have to, and in fact you don't even have to appear, but if you don't appear the complaint is most likely to going issue against you, and the chances of that complaint issuing against you are also going to be much higher. If you do not have an experienced attorney representing you at that time to prevent a complaint from issuing. I'm Sam Goldberg lead counsel for criminal defence matters at Altman & Altman in Cambridge Massachusetts. I have 25 years of experience, if you're in trouble and you need someone in your corner, who cares and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


How common is filing for bankruptcy in Massachusetts?

Alford & Bertrand, LLC

Bankruptcy has become more common in Massachusetts and the country because of the financial dilemma that we are in right now. Uh, people who have, uh, huge mortgage payments because of the adjustable rate mortgages they signed are being forced into bankruptcy. The unemployment rate, as it goes up, has caused people to file bankruptcy, so unfortunately for people in the working force and for home owners bankruptcy has become quite common. Hi I'm Harvey Alford with the law firm of Alford and Bertrand. We have thirty years expertise in the area of bankruptcy. If you feel you need a fresh financial start we offer a free consultation.

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attorney: Alford & Bertrand, LLC


Can I avoid jail after a probation violation?

Altman & Altman, LLP

It is absolutely possible to be incarcerated after a probation surrendered hearing. What's going to make the difference - frankly your defence, because the facts are really quite simple. You've violated probation, now with the right representation, perhaps you can either show, number one: you didn't violate it, or you didn't mean to violate it or there is a particular reason that it was violated and here's the reason that it wouldn't happen again. You need an experienced attorney who's handled probation violations to realize how to defend you, because it's different from other cases. I'm attorney Sam Golberg, lead counsel at Altman & Altman in Cambridge Massachusetts. I have 25 years of experience. If you're in trouble and you need someone in your corner who cares and will fight for you, gimme a call.

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attorney: Altman & Altman, LLP


Is it a probation violation to leave the state of Massachusetts?

Altman & Altman, LLP

If you're on probation in Massachusetts, you have to do what the probation officer tells you to do. If it appears to you to be something that's unreasonable, you can hire counsel you can bring it before the judge, but absenting that you have to do what the probation officer tells you to do. That includes whether or not you can leave the state, usually depending upon the circumstances you can't, but you can't do it unless the probation knows and has OK'd it otherwise it is a violation of probation. I'm Sam Golberg lead counsel for criminal defence matters at ALTMAN & ALTMAN in Cambridge Massacusetts. I have 25 years of experience, if you're in trouble and you need someone in your corner who cares and will fight for you, give me a call.

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attorney: Altman & Altman, LLP


How long do medical malpractice lawsuits take?

Shandell, Blitz, Blitz & Ashley, LLP

The length of time that a medical malpractice case may take to prosecute will vary. It depends upon many factors. The number of parties, the number of defense counsel that are, that are involved. Uh, various courts take longer than others. But the time can vary anywhere from three or four years to five or six years. Hi, my name is Arthur Blitz of Shandell, Blitz, Blitz, and Ashley. We have represented people who have suffered at the hands of physicians and medical malpractice. Let us help you.

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attorney: Shandell, Blitz, Blitz & Ashley, LLP


What breath test device do they use in California?

The Law Offices of Virginia L Landry, Inc.

In California, the breath testing devices that they use vary from city to city. In Orange County, they use an Alcohol Sensor 4. It's an indirect way to test what the alcohol is that is dispersed through your system. It's not the most scientific. It is not the most reliable. But it's allowed for government work. I'm Virginia Landry. For the last 19 years in Orange County, I have helped when bad things happen to good people. If you have been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Is the field sobriety test a scientific test?

The Law Offices of Virginia L Landry, Inc.

For the standardized field sobriety test, there's been hours worth of preparation and literature that goes into the administration of those tests. Its a human, eye-hand, gate, coordination fiasco, which is not designed to have you do well on the side of the road. If they want you to do well, are they going to have you stand on two feet, the way you normally do, or are they going to have you stand on one foot? Its an unnatural act on the side of the road, where cars are whizzing by, people are honking their horns at you, its inappropriate. Scientific, according to law-officers, but designed for failure. I'm Virginia Landry. For the last nineteen years in Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


What is the field sobriety test?

The Law Offices of Virginia L Landry, Inc.

Standardized field sobriety tests are roadside hand, eye, gait coordination things for a police officer to determine whether or not you are affected by alcohol. Police officers will use that as a gauge to determine whether or not you get arrested. The field sobriety test determines your physical dexterity as well as your mental ability to process the information the police officer is giving you. It's a test designed for failure. I'm Virginia Landry. For the last 19 years in Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


What is the breath test and how does it work in California?

The Law Offices of Virginia L Landry, Inc.

In California, if you choose to take a breath test, you blow into a tube. That tube has air that goes through it and they take, sort of like, a snap shot of the air that is blown through the tube at any given time and they convert that to some alcohol reading that'll be used against you at the DMV and in court. The breath test monitors how many little molecules of alcohol you have in this chamber. It's not very scientific. There are ways to beat those breath testing cases, but you still are required to complete either a blood or a breath test. I'm Virginia Landry. For the last 19 years in Orange County, I've helped when bad things happen to good people. If you've been arrested for a DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Can I call a lawyer before taking the field sobriety test in California?

The Law Offices of Virginia L Landry, Inc.

"Although most people in California would love to speak to an attorney before deciding to do a field sobriety test, in California you do not have that chance. A police officer is going to make you decide what information you want to give prior to the time that they give you a telephone call. In TV, in the newspapers, we hear about 'you have the right to remain silent. Anything you say can be used against you. You have the right to speak to an attorney'. But not in a driving under the influence allegation, until after you've been arrested. I'm Virginia Landry. For the last nineteen years in Orange County I've helped when bad things happen to good people. If you've been arrested for a DUI, please call."

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attorney: The Law Offices of Virginia L Landry, Inc.


Should I refuse to take the field sobriety test in California?

The Law Offices of Virginia L Landry, Inc.

If you were stopped in California for the allegation of driving under the influence, you are not required by law to do standardized sobriety tests. Because they are designed for failure, it is my suggestion, that you cordially refuse to take those tests. Be straight forward with the officers. Say 'I don't think I wanna do those tests', 'Am I required to?'. Because you are not and a lot of times the police officer will still try to get you, on the side of the road, to do those tests. But because they are designed for failure, keep that in mind and you can refuse to take standardized field sobriety tests in California. I'm Virginia Landry. For the last 19 years in Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Do most people fail the field sobriety test?

The Law Offices of Virginia L Landry, Inc.

In California, if a police officer stops you for driving under the influence, you admit you consumed alcohol and they smell it, you go through your standardized field sobriety tests, realistically, you will fail. Those tests are designed to gauge your physical and mental ability to process a variety of information in a very unnatural way. I'm Virginia Landry. For the last nineteen years in Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Should I refuse to take the breath test in California?

The Law Offices of Virginia L Landry, Inc.

In California, if you refuse to take a breath test, a police offer can still arrest you. There are consequences for that refusal, but the benefit is they may not be able to prove what your alcohol level was. The Department of Motor Vehicles however, if you refuse to take a test, will take away your license for a longer period of time if they can prove that you chose not to give a test to determine what the alcohol in your system was. There are legal issues that go along with that case, and we would welcome the opportunity to talk to you about what happened on your case if you refused to take a breath test. I’m Virginia Landry. For the last nineteen years in Orange County, I’ve helped when bad things happen to good people. If you’ve been arrested for a DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Can I refuse to take the breath test in California?

The Law Offices of Virginia L Landry, Inc.

In California, if you refuse to take a breath test, the police officer, realistically, will arrest you. There are different consequences for the refusal to take a test, such as: if you are convicted in court, it's mandatory jail. If you refuse to take a test and the police officer believes you're under the influence of alcohol, that refusal ends up with a longer license loss than if you take a test and you are significantly over the legal limit. I'm Virginia Landry. For the last nineteen years in Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


How accurate are breath tests in California?

The Law Offices of Virginia L Landry, Inc.

Breath testing in California and across the nation actually is only accurate to 0.02% So for instance, if you blow into a machine here in Orange County, California, and it says you’re 0.08, you could be as low as a 0.06 and as high as a 0.10. That’s a huge range. But how accurate is the device? Garbage in is garbage out. I’m Virginia Landry [SP]. For the last 19 years in Orange County, I’ve helped when bad things happen to good people. If you’ve been arrested for a DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Can I call an attorney before taking a blood or breath test?

The Law Offices of Virginia L Landry, Inc.

You do not have the right in California to call an attorney before deciding which test to take. You have the opportunity to take breath or blood if the police officer believes that there is just alcohol in your system. If, however, the police officer thinks that there are drugs in your system, then its blood or urine. But you do not have a right to speak to an attorney before deciding which test to take. I’m Virginia Landry. For the last nineteen years in Orange County, I’ve helped when bad things happen to good people. If you’ve been arrested for a DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Is it okay to drink and drive in California?

The Law Offices of Virginia L Landry, Inc.

There is nothing illegal about consuming alcohol in driving in the state of California. You can be arrested however if the alcohol that's in your system is having an affect so you cannot safely operate your car, or if you're at a 0.08% level or above, because the legislature says if you hit this minimal level of 0.08 then we believe you're under the influence. I'm Virginia Landry. For the last 19 years in Orange County I have helped when bad things happen to good people. If you've been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


What is the legal limit for drinking and driving in California?

The Law Offices of Virginia L Landry, Inc.

"In California the legal limit is .08%. But there is a separate charge that can be brought against you, just the driving under the influence, and that could be where any alcohol in your system affects your ability to safely operate your car with the same care and prudence that a reasonable person would have who is alcohol free. I'm Virginia Landry. For the last nineteen years in Orange County, I have helped when bad things happen to good people. If you have been arrested for a DUI, please call."

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attorney: The Law Offices of Virginia L Landry, Inc.


What does intoxication technically mean in California?

The Law Offices of Virginia L Landry, Inc.

Intoxication. That can mean anything the police officer wants it to mean. From a court perspective, a police officer wants to show that you have either some mental problem or a physical problem in being able to answer questions or to do field sobriety tests. Your ability to answer those questions and to do the field sobriety tests may have absolutely nothing at all to do with whether you're impaired to drive your car. I'm Virginia Landry. For the last nineteen years in Orange County, I've helped when bad things happen to good people. If you've been arrested for a DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Will I go to jail for a DUI in California?

The Law Offices of Virginia L Landry, Inc.

In California, if you've been involved in an automobile accident you could end up going to jail. The alcohol level that is in your system, the higher it is the more punishment the District Attorney or court will order. Usually, on a first time offense, in Orange County, you will not go to jail. I am Regina Landry. For the last 19 years in Orange County, I've helped when bad things happen to good people. If you've been arrested for a DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Will I lose my license for a DUI in California?

The Law Offices of Virginia L Landry, Inc.

If you’ve been arrested in California’s for a first time DUI, the Department of Motor Vehicles want to take away your drivers license for a total of four months. If there’s a negative decision after 30 days of no driving, you can apply for a restricted license to allow you to drive to, from and during the course of your work, and to and from an alcohol education program, which would be required in order for you to have the restricted license. I’m Virginia Landry [SP]. For the last 19 years in Orange County, I‘ve helped when bad things happen to good people. If you’ve been arrested for a DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


What is the penalty for a second DUI offense in California?

The Law Offices of Virginia L Landry, Inc.

In the state of California, if you're convicted of a second driving under the influence allegation, there's mandatory jail. That jail can go from a few days up to one year in custody. There's a loss of the license privilege for up to a two year time period. There are fines. There are probation. Probation length can be three to five years. If you lose your license, independently on the DMV side, then they can require an ignition interlock device - a special hand held breathalizer that affixes to the steering column of your car in order for you to be able to get your license back at the earliest time. I'm Virginia Landry. For the last 19 years in Orange County, I've helped when bad things happen to good people. If you've been arrested for a DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


What is the alcohol education program in California?

The Law Offices of Virginia L Landry, Inc.

In California, if you're convicted, you're required to go to an alcohol education program. It's a little bit like traffic school on steroids. You go to therapy sessions, you go to one on one appointments with a counselor, you have group sessions, and the length of those programs depends upon whether you're a first or a second offender. A first offender could go for three months, six months or nine months. If you're a multiple offender, it's a 18-month or 30-month program. I'm Virginia Landry. For the last 19 years in Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


What is a restricted driver's license in California?

The Law Offices of Virginia L Landry, Inc.

In California, if you've been convicted of driving under the influence the court will suspend your license for six months. But if you enroll in the alcohol education program you would be immediately entitled to the restricted license. A restricted license in California allows you to drive to, from, and during the course of the work and to and from the alcohol education program which will be required for you to attend. I'm Virginia Landry. For the last 19 years in Orange County I've helped when bad things happen to good people. If you've been arrested for DUI please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


How badly will a DUI effect the cost of my car insurance?

The Law Offices of Virginia L Landry, Inc.

Unfortunately, if you have been convicted of driving under the influence in California your insurance rates will be affected. A first-time driving under the influence allegation still entitles you to insurance, and the carriers will cover you for an increased premium. If you are a second or a multiple offender, insurance may not be able to be provided because unless you win the DMV hearing, you no longer have the ability to drive in California. If you are convicted as a multiple offender, your license will be taken away anywhere from one to four years depending upon your particular case. I'm Virginia Landry. For the last 19 years in Orange County, I have helped when bad things happen to good people. If you have been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


What are the penalties for a minor convicted of a DUI in CA?

The Law Offices of Virginia L Landry, Inc.

In California if you're convicted as a minor, someone who's under age 18 has different requirements from someone who's under age 21. If you're under age 18, you'll be required to lose your license for a longer period of time. You have a hospital program, a morgue program that you may have to attend, additional AA meetings. If you're between the ages of 16--you have a valid license, and 21--you have a license but you're still not legal to consume alcohol, there are different punishments that can occur. There are a variety of different alcohol levels for someone who's under age 21, both with the Department of Motor Vehicles and in court. I'm Virginia Landry. For the last 19 years in Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


How do I get my license back after a DUI conviction in California?

The Law Offices of Virginia L Landry, Inc.

"If you've been convincted of driving under the influence of alcohol in California and it's a first conviction, to get your license reinstated, you need to enroll in a alcohol education program. You need to pay a $125.00 reissue fee to the California Department of Motor Vehicles, and have a special form proof of insurance which you get from your insurance carrier. Your automobile insurance rates will raise if you're convicted of driving under the influence. I'm Virginia Landry. For the last nineteen years in Orange County, I've helped when bad things happen to good people. If you've been arrested for a DUI, please call."

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attorney: The Law Offices of Virginia L Landry, Inc.


Can I expunge a DUI conviction in California?

The Law Offices of Virginia L Landry, Inc.

After you have successfully completed all of the probationary terms, in California you can request the judge to set aside that conviction as though it never happened. That's what we call an expungement. It's discretionary with the judge but as long as there as been no further criminal court cases, you have a high probability of having your conviction expunged. You still have to disclose that in an employment application depending among on how or what your work is. If you've been convicted and its been expunged, you can answer a question on an employment application that you've never been convicted of a crime. I'm Virgina Landry. For the last 19 years in Orange County, I've helped when bad things happen to good people. If you have been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Are DUI penalties worse if I was involved in an accident?

The Law Offices of Virginia L Landry, Inc.

If you are involved in an automobile accident related to your driving under the influence conviction, then the punishment can be significantly more severe for you. The length of the program could go up: Caltrans; community service hours; additional fines. The more extensive the injury, the more likely it would be that you would go to jail. I'm Virginia Landry. For the last 19 years in Orange County, I have helped when bad things happen to good people. If you have been arrested for DUI, please call.

tags: DUI car accident drunk driving arrest criminal defense Orange County Los Angeles California lawyer attorney law firm Virginia Landry

attorney: The Law Offices of Virginia L Landry, Inc.


Am I automatically at fault if I was drinking and involved in an accident?

The Law Offices of Virginia L Landry, Inc.

"If you were driving under the influence and got involved in an automobile accident, but the accident was not your fault, a police officer is still going to evaluate you in the field to determine whether or not you are arrested. If you are convicted of that, your participation in the automobile accident- was it your fault or was it the other person's fault won't matter if you're found guilty of driving under the influence. I'm Virginia Landry. For the last nineteen years in Orange County I've helped when bad things happen to good people. If you've been arrested for a DUI, please call."

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attorney: The Law Offices of Virginia L Landry, Inc.


How long do I have to request a DMV hearing?

The Law Offices of Virginia L Landry, Inc.

In California, if you've been arrested for driving under the influence, you only have 10 calendar days to make a request for the DMV hearing. If you're working with our office, we would do that for you. I'm Virginia Landry. For the last 19 years in Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Why do I need a DMV hearing after an arrest?

The Law Offices of Virginia L Landry, Inc.

In California if you’ve been arrested for driving under the influence, the Department of Motor Vehicles wants to take away your driver’s license privilege. No driving, at all. If you make a request within 10 days of the date of your arrest, you can challenge the Department of Motor Vehicles -- who basically is looking for was there a reason for the police officer to have detained you? Some reason for the stop? Where you lawfully arrested and are the results accurate and reliable at 0.08 percent or above? I’m Virginia Landry. For the last 19 years in Orange County, I’ve helped when bad things happen to good people. If you’ve been arrested for DUI, please call.

tags: DUI DMV hearing drunk driving arrest criminal defense Orange County Los Angeles California lawyer attorney law firm Virginia Landry

attorney: The Law Offices of Virginia L Landry, Inc.


Are DUI arrests handled different than other arrests in California?

The Law Offices of Virginia L Landry, Inc.

In California, if you've been arrested for a driving under the influence allegation, a police officer will treat you the same way as someone who's robbed a bank or murdered someone. You get arrested, you get placed into custody. There are certain circumstances that the courts will determine when you get released from custody, but it's important that you work with someone who is familiar with the driving under the influence rules and regulations, which are very different from other criminal actions. I'm Virginia Landry. For the last 19 years in Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

tags: DUI arrest handling drunk driving arrest criminal defense Orange County Los Angeles California lawyer attorney law firm Virginia Landry

attorney: The Law Offices of Virginia L Landry, Inc.


What are DUI enhancement charges in California?

The Law Offices of Virginia L Landry, Inc.

There are certain allegations that the law calls an "enhancement". And what that means is that a judge or a prosecutor can ask for more in regards to punishment. For instance, if you're a mother or father or you're babysitting someone who's under the age of 14, they're in a protected category and your punishment can be significantly more severe. If you refused to take a test, then the punishment can be significantly more severe. If you're driving in excess of 20 miles on a surface street or 30 miles over the posted speed limit on the highway, you could be subjected to 60 additional days in custody if you're convicted of that speed enhancement. I'm Virginia Landry. For the last 19 years in Orange County I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

tags: DUI enhancement charges drunk driving arrest criminal defense Orange County Los Angeles California lawyer attorney law firm Virginia Landry

attorney: The Law Offices of Virginia L Landry, Inc.


What is the Orange County DUI Court?

The Law Offices of Virginia L Landry, Inc.

In Orange County California if you are a multiple offender we have a special program that's called DUI court and depending upon where you live, and where you've been arrested, you may be able to participate in an extensive alcohol education program in lieu of going into custody. I'm Virginia Landry. For the last nineteen years in Orange County I've helped when bad things happen to good people. If you've been arrested for DUI please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


What should I say (or not) if I'm pulled over for DUI?

The Law Offices of Virginia L Landry, Inc.

In California, if you've been pulled over for a DUI, you have the right to not answer questions about where you've been, what you've consumed and over what period of time you're drinking occurred. You're not required by law to answer those questions. But you do need to be cooperative with the police officer and professional and courteous in your responses. You're also not required to give information about whether or not you've been arrested before. You have the right to remain silent, use it. I'm Virginia Landry. For the last nineteen years in Orange County, I've helped when bad things happen to good people. If you've been arrested for a DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


What signs of intoxication does a police officer look for?

The Law Offices of Virginia L Landry, Inc.

When a police officer stops your car, his or her goal is to get you out of the car to look for things like red, watery eyes, an unsteady gate, some inability to stand without moving back and forth, some ability to do field sobriety tests, "objective" (subjective) symptoms of what a police officer thinks is your impairment. I'm Virginia Landry. For the last 19 years in Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Can I represent myself after a DUI arrest in California?

The Law Offices of Virginia L Landry, Inc.

If you have been arrested for driving under the influence, you do have the legal ability to represent yourself in court. However, I would not suggest that. There are legal issues. There are factual issues. There are scientific issues about breath, blood or urine testing. And with a trained professional you have a much higher opportunity to win your case and not end up losing your license nor having a conviction. I'm Virginia Landry. For the last 19 years in Orange County, I have helped when bad things happen to good people. If you have been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


How can a lawyer help me with my DUI case in California?

The Law Offices of Virginia L Landry, Inc.

If you've been arrested in California for driving under the influence allegation, a lawyer can help you, as long as you are working with somebody who is trained in the field. A qualified DUI attorney will have gone through the standardized field sobriety testing the same way the police officers have. They will own their own breath testing instruments, and they will work closely with laboratories that can re-analyzed blood test that the government has taken from you. A qualified attorney makes all the difference. I'm Virginia Landry, for the last 19 years in the Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


How much will a DUI lawyer cost me in California?

The Law Offices of Virginia L Landry, Inc.

A qualified DUI attorney will provide you with a free consultation, so that you and the attorney can sit down and go through the particulars of your case. If you were working with our office there’s a different fee if you’re involved with a first time DUI or if you’ve been involved with a felony filing and somebody has been severely injured based on an automobile accident. If you meet with us, we will discuss the particulars of your case and what we believe we’ll be able to do for you, at the rate that we will charge for your case. I’m Virginia Landry. For the last 19 years in Orange County, I’ve helped when bad things happen to good people. If you’ve been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


What should I look for in a California DUI attorney?

The Law Offices of Virginia L Landry, Inc.

If you are trying to decide which DUI attorney to work with, you should be sure that the person you decide to go with, has been trained on the field sobriety test, the same way that the police officers have. You should be certain that they have done other DUI allegations. You should be certain that they're not afraid to take your case to trial. That they understand the science behind driving under the influence cases. They should own their own breath testing machine. They should be familiar with how that works. They should have a laboratory that can independently re-test those blood samples for you. I'm Virgina Landry. For the last nineteen years in orange county, I've helped when bad things happen to good people. If you've been arrested, for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


When should I hire a California DUI attorney for my case?

The Law Offices of Virginia L Landry, Inc.

If you’ve been arrested, it’s an important decision to hire the most qualified and the best attorney that you can. There is only a ten day time to request the DMV hearing, so you need to act quickly. There are strategy calls that your attorney can make for you and helping protect you in front of the DMV and in court. The sooner you make your decision; the better off it will be for both you and for your attorney. I’m Virginia Landry. For the last nineteen years in Orange County, I’ve helped when bad things happen to good people. If you’ve been arrested for a DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Do I have to appear in court for a California DUI Case?

The Law Offices of Virginia L Landry, Inc.

In most circumstances if you've been arrested for a DUI in Orange County you will not need to appear in court. If there is an automobile accident or a felony case where someone is injured, you will have to make each and every court appearance with your attorney. If there's no accident or a felony you may not ever have to appear in court unless your case goes to trial and then you should be present every day for trial. I'm Virginia Landry, for the last nineteen years in Orange County,I've helped when bad things happen to good people. If you've been arrested for a DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Is it better to just plead guilty to DUI in California?

The Law Offices of Virginia L Landry, Inc.

If you feel that you've had too much to drink, that you are not in a position to get behind the wheel of a car and you want to plead guilty, there's no reason to hire an attorney. However, if you want to make sure that you're not being convicted on fault signs, or that the police officer who's in the position of authority with you has not done something inappropriate, then, you could make a determination by not challenging something that could have a very long term affect on you and your future, for an insurance, an employment, and the ability to drive. It's your choice on whether you decide to requite an attorney or not. I'm Virginia Landry, for the last 19 years in Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


How long will I lose my license for a 2nd DUI in California?

The Law Offices of Virginia L Landry, Inc.

In California, on a second offence DUI, the DMV wants to take away your driver’s license privilege and that’s for a total of one year. During that one year there’s no driving for your work, for your family, for your children, to run errands. It’s all or nothing, so it’s important that if you challenge the Department of Motor Vehicles, you make that request, or you have your attorney make that request for you within tens days of the date of your arrest. I’m Virginia Landry [SP]. For the last 19 years in Orange County, I’ve helped when bad things happen to good people. If you’ve been arrested for a DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


What are my options in California if I'm a multiple DUI offender?

The Law Offices of Virginia L Landry, Inc.

If you are a multiple offender, you’ve had two or more convictions for driving under the influence, the law says you are required to go to jail. There are alternative confinement options for you: residential treatment programs, outpatient and inpatient opportunities, and in Orange County, a special program called DUI court. Each of these may keep you still working. I’m Virginia Landry. For the last nineteen years in Orange County, I’ve helped when bad things happen to good people. If you’ve been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


How much experience do you have defending DUI cases?

The Law Offices of Virginia L Landry, Inc.

I've had my own office in Orange County for nineteen years. We spend a lot of time helping clients that have been arrested for driving under the influence of alcohol or drugs. We have gone through the standardized field sobriety test, I own the machine that's being used here in Orange County, I lecture other attorneys on how to handle these cases, I have had the opportunity to speak at community centers, to Bar associations, to the California State Bar, to the California DUI Lawyers Association, I'm a Secretary of the California DUI Lawyers Association, I'm a sustaining member on the National College of DUI Defenders, and we are very careful about protecting our clients' confidentiality, along with being very aggressive with what we do for each of our clients, tailored toward what their particular case is all about. I'm Virginia Landry. For the last nineteen years in Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Who typically gets busted for DUI in California?

The Law Offices of Virginia L Landry, Inc.

My typical clients could be a professional person, that something has gone wrong with. It could be a soccer mom. It could be a college or high school student coming from a great family. It could be grandparents that have gone out to visit their grandchildren and gone out to dinner and shared a bottle of wine and gotten stopped on the way home in an unfamiliar area. We represent a wide variety of people from all professional walks of life and from all across California let alone the United States. If you have a Driving Under the Influence case, we can help you. I'm Virginia Landry. For the last 19 years in Orange County, I've helped when bad things happen to good people. If you've been arrested for a DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Why are insurance companies such a pain to deal with?

Proner & Proner

Insurance companies are big businesses and they have share holders and owners that they have to cater to. And they are trying to make as much money as possible and they do that in part by paying out as little as possible on claims. So if an adjuster pays out less than a case is worth, that adjuster did a good job. If they hire an attorney, that is very skilled, and the accident victim has an attorney that's not so skilled, and the defense attorney for the insurance carrier wins, that's a win for the insurance company. Because the insurance company has more money in their coffers. So insurance companies try to save money by paying out as little as possible in claims. I'm Michal Proner. If you're looking for an experienced, skilled attorney to represent you or a loved one in New York, contact me today.

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attorney: Proner & Proner


What happens if I refuse to take the field sobriety test in California?

The Law Offices of Virginia L Landry, Inc.

If a police officer asks you to do field sobriety test on the roadside and you choose not to do so, that's your break here in California. You can refuse to take those tests. You do have to state your name, state your address, give them your California drivers license. But you are not required to do those tests. And remember because they are designed for failure as long as you are professional with the police officer, you don't have any kind of attitude or difficulty talking to the officer you'll be ok if you refuse those test.I'm Virginia Landry and for the last 19 years in Orange County I've helped when bad things happen to good people. If you've been arrested for a DUI please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Is there a penalty for refusing to take the field sobriety test in California?

The Law Offices of Virginia L Landry, Inc.

In California, if you refuse to do those standardized field sobriety tests, realistically a police officer has very little information to use against you in a court scenario to try and get a conviction. You can refuse them, but realistically a police officer will only have your questions, the answers that your provide, and any physical observation that they make of you to determine whether or not you're under the influence. You can refuse those tests and if you do, a police officer may still arrest you. I'm Virgina Landry. For the last nineteen years in Orange County, I've helped when bad things happen to good people. If you've been arrested for a DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Is a blood test the same as a breath test in California?

The Law Offices of Virginia L Landry, Inc.

There are differences in California between a breath test and a blood test. In California, if you're arrested for being under the influence or the police officer's suspicion that you are, it is your choice on whether to take a breath or a blood. Now a blood test is considered the most accurate. Breath tests, we have more available ways to challenge that result. But in California, you must take either a breath or a blood test. But don't let the officer force you into taking one or the other. It's your choice. I'm Virginia Landry. For the last nineteen years in Orange County, I've helped when bad things happen to good people. If you've been arrested for a DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


What if I'm on medication during a field sobriety test?

The Law Offices of Virginia L Landry, Inc.

If you're taking medication, it can absolutely have an effect on how well you perform on those field sobriety tests. Let's use an example, you've had surgery, and in that recent surgery you've been given a muscle relaxer to help you with your pain management. A police officer could think that your somewhat delayed response was due to alcohol ingestion, as opposed to the medication to help have you remain calm and pain free. I'm Virginia Landry. For the last nineteen years in Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


What if I'm on medication during a breath test in California?

The Law Offices of Virginia L Landry, Inc.

If you’re taking prescribed medication, and you’ve chosen the breath test, the medication will not have an affect on your breath result, but it could be misconstrued by the police officer as being alcohol related, as opposed to medication related on how well you’re doing on field sobriety test. I’m Virginia Landry. For the last 19 years in Orange County, I’ve helped when bad things happen to good people. If you’ve been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Will a California DUI effect me if I'm from out-of-state?

The Law Offices of Virginia L Landry, Inc.

If you reside out of the state of California and when coming out for business or for pleasure you ended up with a DUI conviction, California reports not only to their national database, but to their own state database, and your home state may pick up information about your conviction, which could affect your insurance rates back home. I'm Virginia Landry. For the last 19 years in Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Do I have to return from out-of-state to handle my CA DUI arrest?

The Law Offices of Virginia L Landry, Inc.

If you are arrested for driving under the influence while you are out in Orange County California, for business or for pleasure, a qualified attorney can make appearances for you, so you do not have to return to the state of California. In certain circumstances, if there was an automobile accident and someone was injured, you were charged with a felony offense, you would have to return to California, but in most circumstances, an attorney can make that appearance for you. I'm Virginia Landry. For the last nineteen years in Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Will I lose my out-of-state license for a California DUI conviction?

The Law Offices of Virginia L Landry, Inc.

If you're from out of state and you get convicted in California for a driving under the influence allegation, the Department of Motor Vehicles here in California cannot take away your driver's license capability, but they can report back to your home state. If California lets your home state know that you've been convicted out here, each individual state has their own rules that they can pretend your conviction happened in their state, so you need to work with a qualified professional in your home state to make sure that there won't be any negative conviction information that affects your ability to work at home. I'm Virginia Landry. For the last 19 years in Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Will my out-of-state insurance premium go up after a California DUI?

The Law Offices of Virginia L Landry, Inc.

Your insurance premiums could be affected and it's important for you to coordinate with an attorney in California as well as from your home state. I'm Virginia Landry, for the last ninteen years in Orange County, I've helped when bad things happened to good people. If you've been arrested, for a DUI, please call.

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attorney: The Law Offices of Virginia L Landry, Inc.


Will a drug conviction stay on my record in Arizona?

The Baker Law Firm LLC

A very common question our office receives in regarding drug crimes is will it be on their criminal record as they move forward in life. The answer to that question will change based on how a person disposes of their case. The best part about getting a drug crime at least Arizona and Maricopa County in particular is ninety percent of the time they will be offered a diversion program, which will give that person an opportunity to have a clean record for the rest of their life and not have the stigma of a drug conviction as they move forward in their life. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over the state of Arizona in criminal law matters, such as drug possession, domestic violence and assualt.

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attorney: The Baker Law Firm LLC


What if I'm not a resident of Arizona?

The Baker Law Firm LLC

Fortunately, the state of Arizona treats out of state residents pretty much the same way that they would treat in-state residents. In fact, in Maricopa County if you were offered a diversion program, it is regardless of whether you live in an alternate state or in this state, you are still eligible for the diversion program. You will simply have to find an adequate provider in your state or your home state to provide those services, and once you complete that program, all record of this charge or the charge that you are facing will in fact be dismissed just as if you were in the state. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over the state of Arizona in criminal law matters such as drug possession, domestic violence and assault.

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attorney: The Baker Law Firm LLC


Are drug crimes treated the same as other crimes in Arizona?

The Baker Law Firm LLC

People who are arrested for drug crimes in Arizona have available options such as drug court, diversion program, probationary monitoring; jail is not the only available option for persons who have been arrested for drug crimes. The difference between a drug crime in Arizona and the other crimes that exist is that drug crimes in particular have opportunities that the defendant would not have in other crimes. My name is Mike Baker of the Baker Law Firm, we serve individuals and families all over the state of Arizona in criminal law matters such as drug possession, domestic violence and assault.

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attorney: The Baker Law Firm LLC


Are different drugs punished more harshly in Arizona?

The Baker Law Firm LLC

Possession of different drugs are treated differently in the state of Arizona. In fact, possession of methamphetamine is the only drug in which a person of a first offense for possession of methamphetamine may in fact, be sentenced to jail. The other possessions such as possession of cocaine, possession of ecstasy, possession of marijuana, those offenses you will not be punished more severely, you are not eligible for jail. My name is Mike Baker of the The Baker Law Firm. We serve individuals and families all over the state of Arizona in criminal law matters such as: drug possession, domestic violence and assault.

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attorney: The Baker Law Firm LLC


Are there non jail alternative programs for drug crimes in Arizona?

The Baker Law Firm LLC

In Arizona, drug crimes often will have an opportunity to be treated outside of the jail system. In fact, all crimes that involve first-time possession of drugs in Arizona will be eligible either for a drug court program, they will be eligible for a diversion program or at the very worst a supervisory probation program that will allow that person to prove themselves outside in the community so that they do not have the stigma of being a felon in this country. My name is Mike Baker of the Baker Law firm. We serve individuals and families all over the state of Arizona in criminal law matters such as drug possession, domestic violence and assault.

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attorney: The Baker Law Firm LLC


Will I go to jail for a first time pot arrest in Arizona?

The Baker Law Firm LLC

In Arizona, you will not go to jail for the first time possession of marijuana. However, if you have several offenses in the past, you may very well, indeed, be heading to jail. In Arizona, there is a proposition that says anyone in possession of marijuana as a first offense will not be eligible to be sentenced to jail. And so it is fortunate in the sense that you will not go to jail. However, there are significant penalties are associated with possession and marijuana, possession of marijuana, in this state, as opposed to many of the other states. My name is Mike Baker of the Baker Firm. We serve individuals and families all over the state of Arizona in criminal law matters, such as drug possession, domestic violence, and assault.

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attorney: The Baker Law Firm LLC


Can I be arrested for drug paraphernalia but no drugs in Arizona?

The Baker Law Firm LLC

In Arizona, you can be arrested for having drug paraphernalia, even if you don't have the actual substance. What the police and what the state will intend to prove is that there is some amount of residue of the actual substance on the drug paraphernalia, that can be included on a pipe, that can be as little as a very small amount of marijuana in a marijuana cigarette. The state will charge a drug paraphernalia charge as a class six felony or a class one misdemeanor, both of which could carry anywhere of a sentence from six months in jail to a year in prison. Arizona takes these crimes very seriously. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over the state of Arizona in criminal law matters such as drug possession, domestic violence and assault.

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attorney: The Baker Law Firm LLC


What are the most common types of drug crimes in Arizona?

The Baker Law Firm LLC

The most common types of drug crimes are certainly possession of marijuana and possession of drug paraphernalia related to marijuana possession such as a pipe, paper, a baggie. In Arizona, paraphernalia can include the bag that contains the marijuana just as it would be a pipe or anything else. Other common types of drug crimes include possession of methamphetamine, possession of cocaine, possession of heroine and, in some cases, possession of extasy. What we've most commonly seen recently, is an increase in possession of pharmaceutical drugs or prescription fraud. My name is Mike Baker of The Baker Law Firm. We serve individuals and families all over the state of Arizona in Criminal Law matters, such as drug possession, domestic violence and assault.

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attorney: The Baker Law Firm LLC


What is a diversion program in Arizona?

The Baker Law Firm LLC

Diversion programs are unique in the fact that they allow the individual defendent to take classes, to complete drug testing, and to be educated on their particular charge. The incentive for the state is that a person who has completed a diversion program is much less likely to reoffend doing the same exact thing because they know that the consequences become more severe if they reoffend. My name is Mike Baker of the Baker Law Firm, we serve individuals and families all over the state of Arizona in criminal law matters such as drug possession, domestic violence, and assult.

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attorney: The Baker Law Firm LLC


What if I was caught with drugs at the Yuma border crossing in Arizona?

The Baker Law Firm LLC

In Arizona there is a crossing at the Yuma border. At that crossing Yuma border guards arrest at least 300 persons per month for possession of marijuana, possession of cocaine, or any other substances. There is a K-9 dog that, uh, monitors the boarder when you cross into the Yuma sector. If you have been picked up for this type of charge at the Yuma sector, please give my office a call immediately as my office has handled hundreds of these cases from Yuma, and would be able to assist you through this process. My name is Mike Baker with The Baker Law Firm. We serve individuals and families all over the state of Arizona in criminal law matters such as drug possession, domestic violence and assault.

tags: criminal defense michael baker baker phoenix arizona attorney lawyer drug crimes drugs jail paraphernalia pot marijuana addiction assets drug offense domestic violence

attorney: The Baker Law Firm LLC


Who are your typical drug offense clients in Arizona?

The Baker Law Firm LLC

In Arizona, our typical clients are young men and women between the ages of 18 and 35 who have run afoul by getting into drugs or alcohol. Unfortunately, these persons become addicted to the substance, and then they get caught up in a criminal justice system that is designed not to give them much opportunity. What our office likes to do is give these young men and women a chance, a process to go through a diversion program or through a probationary program, so that they can move forward with their life. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over the state of Arizona in criminal law matters such as drug possession, domestic violence, and assault.

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attorney: The Baker Law Firm LLC


How long do orders of protection last in Arizona?

The Baker Law Firm LLC

In Arizona orders of protection last a minimum of one year after the date that the defendant was served with the order or protection. The only way to remove an order of protection is by requesting a hearing and going through with the evidentiary hearing to determine whether or not the court will affirm the order of protection or have the order of protection dismissed. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over the state of Arizona in criminal law matters such as drug possession, domestic violence and assault.

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attorney: The Baker Law Firm LLC


Who should seek an order of protection in Arizona?

The Baker Law Firm LLC

Undoubtedly in Arizona, a person who feels threatened by physical harm or genuinely harassed by either an ex-spouse or by an ex-boyfriend or girlfriend, should seek an order of protection. Because if that defendant or that person is harassing your or tries to contact you in any way outside of the scope of the order of protection, they can be arrested for interference of judicial proceedings and face up to six months in jail for contacting you. It is very important for a person who feels that their life, that their freedom, or that their happiness is in danger by another individual seek and obtain an order of protection. My name is Mike Baker of The Baker Law Firm. We serve individuals and families all over the State of Arizona in criminal law matters such as drug possession, domestic violence and assault.

tags: domestic violence custody michael baker baker phoenix arizona attorney lawyer criminal defense order of protection oop protection agreement children kids wife husband abuse beating

attorney: The Baker Law Firm LLC


How do I get an order of protection in Arizona?

The Baker Law Firm LLC

In Arizona, the process for obtaining an order of protection is quite simple. The person needs to go to the courthouse, ask the appropriate clerk or staff about how to fill up the paperwork. They will then fill out the paperwork, go before a judge, and the judge will evaluate, expartate which means individually without another person present the merits of the allegations against the defendant. If the judge or the commissioner feels that the order of protection is appropriate, they will grant the order of protection. And by rule of thumb, they will grant the order of protection more often than they will deny it. My name is Mike Baker of The Baker Law Firm. We serve individuals and families all over the State of Arizona in Criminal Law matters such as drug possession, domestic violence and assault.

tags: domestic violence custody michael baker baker phoenix arizona attorney lawyer criminal defense order of protection oop protection agreement children kids wife husband abuse beating

attorney: The Baker Law Firm LLC


Do orders of protection work in Arizona?

The Baker Law Firm LLC

Orders of protection are very effective in Arizona. The police, and all of the sheriff's departments have databases that keep people who have orders of protection on an online database. This database can be accessed by any police agency. If a defendant breaks that order of protection, they will be arrested, and they will be booked. They will be taken down to a jail, and they will be charged with interference with judicial proceedings. If a person feels genuine and sincere danger or harassment from another individual, an order of protection is a very effective means at protecting one's self. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over the state of Arizona in criminal law matters such as drug possession, domestic violence, and assault.

tags: domestic violence custody michael baker baker phoenix arizona attorney lawyer criminal defense order of protection oop protection agreement children kids wife husband abuse beating

attorney: The Baker Law Firm LLC


Why involve an attorney with an order of protection in Arizona?

The Baker Law Firm LLC

My experience with orders of protection is quite extensive in Arizona. In fact we help dozens of individuals each month with orders of protections or injunctions against harrassment, either defend them or challenge them. It is very important for persons with orders of protection to consult an attorney as to the actual consequences that an order of protection can have upon their future. My name is Mike Baker of the Baker Law Firm, we serve individuals and families all over the state of Arizona in criminal law matters such as drug possession, domestic violence, and assult.

tags: domestic violence custody michael baker baker phoenix arizona attorney lawyer criminal defense order of protection oop protection agreement children kids wife husband abuse beating

attorney: The Baker Law Firm LLC


Is Domestic Violence common in Arizona?

The Baker Law Firm LLC

Domestic violence, unfortunately, is very common in the state of Arizona. Oftentimes, what accompanies domestic violence situations is alcohol abuse or other drug abuse. Unfortunately, domestic violence can lead to death, can lead to extreme violence, can lead to aggression and can oftentimes break up entire families. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over the state of Arizona in criminal law matters such as drug possession, domestic violence and assault.

tags: domestic violence custody michael baker baker phoenix arizona attorney lawyer criminal defense order of protection oop protection agreement children kids wife husband abuse beating

attorney: The Baker Law Firm LLC


Can I modify my release locations in Arizona?

The Baker Law Firm LLC

"One of the common questions I receive as an attorney in Arizona handling domestic violence situations, is the question as to whether or not the defendant will always be prevented from going back to the same place where the domestic violence offense originally occurred. Fortunately for defendants and for families, it is often very possible to go to court and modify the release conditions of the defendant so that they are in fact able to go back home and work in a productive family environment. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over the state of Arizona in criminal law matters such as drug possession, domestic violence and assault."

tags: domestic violence custody michael baker baker phoenix arizona attorney lawyer criminal defense order of protection oop protection agreement children kids wife husband abuse beating

attorney: The Baker Law Firm LLC


What happens when police come to your house on a domestic violence call in Arizona?

The Baker Law Firm LLC

If a couple, or if a family, gets involved in a domestic violence dispute and the police are called, often times a chain of events occurs that is outside of the control of the individuals who called the police. There are many cases in which partners, spouses, etc. do not want the police to take someone to jail. But once the police have come, once the police have investigated the issue, oftentimes someone will go to jail. And by going to jail, and being charged, there are very serious consequences that need to be discussed immediately upon that happening with the client. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over Arizona in criminal law matters such as drug possession, domestic violence and assault.

tags: domestic violence custody michael baker baker phoenix arizona attorney lawyer criminal defense order of protection oop protection agreement children kids wife husband abuse beating

attorney: The Baker Law Firm LLC


Does it cost money to file an order of protection in Arizona?

The Baker Law Firm LLC

Fortunately, orders of protection, in the state of Arizona, are free of charge. There is no filing fee nor is there a filing fee in order to challenge an order of protection. The state legislature believes it is important enough that people do not have to pay filing fees in order to protect themselves against defendants perhaps who are violent or extremely unsafe. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over the state of Arizona in criminal law matters such as drug possession, domestic violence and assault.

tags: domestic violence custody michael baker baker phoenix arizona attorney lawyer criminal defense order of protection oop protection agreement children kids wife husband abuse beating

attorney: The Baker Law Firm LLC


Can kids be placed on orders of protection in Arizona?

The Baker Law Firm LLC

The most common misperception of an order of protection is that children cannot be placed on an order of protection. Fortunately, or unfortunately depending on the party, children can be placed on an order of protection and a parent can be wholly prohibited from contacting those children as a result of the current order of protection placed against them. Therefore if a child is placed on an order of protection, it is imperative for that person to contact a lawyer, contact my office, so that we can assist you in getting that child off of an order or protection that often times is unfortunately used as a vindictive means by one parent to prevent access to other child. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over the state of Arizona in crinimal law matters such as drug possession, domestic violence and assault.

tags: domestic violence custody michael baker baker phoenix arizona attorney lawyer criminal defense order of protection oop protection agreement children kids wife husband abuse beating

attorney: The Baker Law Firm LLC


What is an attorneys role in an order of protection in Arizona?

The Baker Law Firm LLC

Luckily, the role that an attorney plays involving a restraining order or an order of protection, is that an attorney will immediately file a notice of appearance, will immediately request a hearing, and attempt to have that order of protection either removed for the defendant, or affirmed for the plaintiff, depending on who the client is for our firm. My name is Mike Baker of The Baker Law Firm. We serve individuals and families all over the state of Arizona in criminal law matters, such as drug possession, domestic violence, and assault.

tags: domestic violence custody michael baker baker phoenix arizona attorney lawyer criminal defense order of protection oop protection agreement children kids wife husband abuse beating

attorney: The Baker Law Firm LLC


What is an order of protection in Arizona?

The Baker Law Firm LLC

In Arizona an order of protection is the ability of one person as a plaintiff to prevent the defendant, another person, in which there is a familial relationship or a residential relationship. This order of protection will prevent the defendant from contacting the plaintiff either electronically, telephonically, in writing or in person. Essentially it is a restraining order, but in Arizona it is called an order of protection. My name is Mike Baker of The Baker Law Firm. We serve individuals and families all over the State of Arizona in criminal law matters such as drug possession, domestic violence and assault.

tags: domestic violence custody michael baker baker phoenix arizona attorney lawyer criminal defense order of protection oop protection agreement children kids wife husband abuse beating

attorney: The Baker Law Firm LLC


Is it possible to create an agreement to avoid an order of protection in Arizona?

The Baker Law Firm LLC

Fortunately in Arizona many courts will allow parties and counsel at an evidentiary hearing on an order of protection, to speak frankly and candidly before the order of protection hearing, to determine whether or not the parties are able to settle their differences outside of court. Luckily, my office has been party, or is counsel to many parties, working out these differences and becoming people who do not have a record of an order of protection. I feel great gratification when I can bring, or our office can assist, in bringing two people of very divergent opinions together to agree not to contact one another, but do it outside of the framework of a court order. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over Arizona in criminal law matters such as drug possession, domestic violence and assault.

tags: domestic violence custody michael baker baker phoenix arizona attorney lawyer criminal defense order of protection oop protection agreement children kids wife husband abuse beating

attorney: The Baker Law Firm LLC


Are there happy endings in Domestic Violence cases in Arizona?

The Baker Law Firm LLC

Fortunately in Arizona, many jurisdictions for first time domestic violence situations will offer a diversion program for offenders, which would include many, many weeks of education for domestic violence offenders, including anger management, alcohol education, etc. It is very important, however, to understand that these matters will not sound the death knell for families. They can often be worked through and often times the charges will be dismissed. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over the state of Arizona in criminal law matters such as drug possession, domestic violence and assault.

tags: domestic violence custody michael baker baker phoenix arizona attorney lawyer criminal defense order of protection oop protection agreement children kids wife husband abuse beating

attorney: The Baker Law Firm LLC


How can an attorney help in my divorce in Arizona?

The Baker Law Firm LLC

In Arizona, the importance of a divorce attorney is as follows: If both parties are able to agree as to their differences in the divorce, perhaps an attorney is not necessary. But if a party goes out and hires an attorney, my advice is that it is imperative that the other party hire an attorney so their rights are protected. Because if they do not hire an attorney, the things that the other attorney will do, in terms of how to settle the case, the actual knowledge that they have of the divorce statutes will inevitably have a negative effect on the other party. And therefore, the role of a divorce attorney is very important in protecting someone's rights, especially when the other party is represented by council. My name is Mike Baker, of the Baker law firm. We serve individuals and families all over Arizona in family law matters, including divorce, child custody, child support and parenting time matters.

tags: family law divorce alimony child support separation no-fault divorce domestic violence custody parental rights michael baker baker phoenix arizona attorney lawyer criminal defense

attorney: The Baker Law Firm LLC


Can I terminate parental rights in Arizona?

The Baker Law Firm LLC

In Arizona, a person who has not had regular or continuing contact with their minor child or children for a period of six months or more, can have their rights terminated and often times our office receives phone calls from individuals seeking to terminate parents rights in order to move forward with a step-parent adoption. If you are considering this important and life altering decision, please call our office so that we can walk you through this very important process and contact the right adoption agencies and severance agencies so that you can move forward with this plan so that your child and or children can be involved in this comprehensive nuclear family that you seek to have. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over the state of Arizona in family law matters including divorce, child custody, child support and parenting time matters.

tags: family law divorce alimony child support separation no-fault divorce domestic violence custody parental rights michael baker baker phoenix arizona attorney lawyer criminal defense

attorney: The Baker Law Firm LLC


Can I move with my kids out of state after a divorce in Arizona?

The Baker Law Firm LLC

If you’ve been divorced in Arizona, you are permitted under the statutes to move with your minor children. However, you need to be very careful about how you’re going to proceed in asking the court to do so. There are strict requirements that have to be met, and the standard is clear and convincing evidence that it’s in the best interest of the children to do so. And therefore it is critical that you contact an attorney in order for that to be an effective petition to the court. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over Arizona in family law matters including divorce, child custody, child support and parenting time matters.

tags: family law divorce alimony child support separation no-fault divorce domestic violence custody parental rights michael baker baker phoenix arizona attorney lawyer criminal defense

attorney: The Baker Law Firm LLC


What is the Arizona divorce process?

The Baker Law Firm LLC

In Arizona, the divorce process goes as follows. A petitioner would file a complaint with the Superior Court of Arizona. After filing that complaint, they would serve the respondent, or the other spouse, at which time that person would have 20 days to file a response to the petition for dissolution of marriage. If the person does not file a response, the parties can be divorced in 60 days pursuant to a default decree. If, however, the person files a response, the case will follow a normal trajectory in the Superior Court which could include a settlement conference, arbitration or in some cases, although not many, trial. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over Arizona in family law matters, including divorce, child custody, child support and parenting time matters.

tags: family law divorce alimony child support separation no-fault divorce domestic violence custody parental rights michael baker baker phoenix arizona attorney lawyer criminal defense

attorney: The Baker Law Firm LLC


How is child support awarded in Arizona?

The Baker Law Firm LLC

Child support in Arizona is fortunately determined by the child support guidelines. These guidelines were created by the Supreme court of Arizona so that people would have a good sense of how much child support they would be receiving and/or paying before they ever got a divorce. The child support guidelines is an algorithm and lawyers have very little leeway in determining how much child support is in fact to be paid. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over Arizona in family law matters including divorce, child custody, child support, and parenting time matters.

tags: family law divorce alimony child support separation no-fault divorce domestic violence custody parental rights michael baker baker phoenix arizona attorney lawyer criminal defense

attorney: The Baker Law Firm LLC


Who gets custody of the kids in a divorce in Arizona?

The Baker Law Firm LLC

In Arizonia, it's often times diffifult to determine who gets custody of a child, or children. There's two different types of custody. There's legal custody and then there's physical custody. Often times, parties will share joint custody ,both physically and legally. Other times, persons will have sole legal custody and have physical custody. It's very difficult to determine until one evaluates the facts of a case in the history of the family before you can determine who will likely recieve custody in Arizonia. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over Arizonia in family law matters including divorce, child custody, child support, and parenting time matters.

tags: family law divorce alimony child support separation no-fault divorce domestic violence custody parental rights michael baker baker phoenix arizona attorney lawyer criminal defense

attorney: The Baker Law Firm LLC


How are pensions divided in Arizona?

The Baker Law Firm LLC

Generally, pensions in Arizona are divided like any other type of property that is acquired during a marriage. That is to say that it is divided equally if that pension, or if that retirement plan, was acquired during the marriage. Persons that are proficient in writing things called Quadros, Qualified Domestic Relations Orders, will prepare a pension plan that will allocate each party their respective share as awarded by the divorce decree. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over Arizona in family law matters including divorce, child custody, child support and parenting time matters.

tags: family law divorce alimony child support separation no-fault divorce domestic violence custody parental rights michael baker baker phoenix arizona attorney lawyer criminal defense

attorney: The Baker Law Firm LLC


How is debt divided in Arizona?

The Baker Law Firm LLC

In Arizona, debt is divided as a community. All debt acquired during the marriage is split equally. However, in many cases one party has racked up significant amounts of debt and there is contention as to whether or not the party who did not rack up the debt should then have to pay for that person's misuse of credit. The courts will hear individuals and in trial to determine if someone has wasted community assets on things that should not have been purchased. If there is a debt problem in your dissolution of marriage, please contact an experienced attorney so that we can assist you on determining whether or not a party has unlawfully secreted assets from the marriage and had too much debt unlawfully. My name is Mike Baker of The Baker Law Firm. We serve individuals and families all over Arizona in family law matters, including divorce, child custody, child support, and parenting time matters.

tags: family law divorce alimony child support separation no-fault divorce domestic violence custody parental rights michael baker baker phoenix arizona attorney lawyer criminal defense

attorney: The Baker Law Firm LLC


What does legal separation mean in Arizona?

The Baker Law Firm LLC

In Arizona, the difference between legal separation and dissolution of marriage is quite simply that as a dissolution of marriage the persons are restored to the status of single persons. In a legal separation, the person still remain married and there still have to be provisions for child custody, parenting time, child support, spousal support, etcetera. One of the benefits of a legal separation is that the health insurance remains constant for both parties as they are not going to be divorced and not the status of single persons. My name is Mike Baker of The Baker Law Firm. We serve individuals and families all over Arizona in family law matters including divorce, child custody, child support, and parenting time matters.

tags: family law divorce alimony child support separation no-fault divorce domestic violence custody parental rights michael baker baker phoenix arizona attorney lawyer criminal defense

attorney: The Baker Law Firm LLC


What does no-fault divorce mean in Arizona?

The Baker Law Firm LLC

In Arizona, a no-fault divorce simply means that neither party is going to be at fault in the eyes of the judge. The reason people get divorced in Arizona is, quite simply, irreconcilable differences. That is the standard that the courts use in order to divorce persons. It is not whether one has had an affair or whether one has went to prison. The standard in Arizona is irreconcilable differences; not the fault of one of the parties. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over Arizona in family law matters, including divorce, child custody, child support, and parenting time matters.

tags: family law divorce alimony child support separation no-fault divorce domestic violence custody parental rights michael baker baker phoenix arizona attorney lawyer criminal defense

attorney: The Baker Law Firm LLC


How much alimony is awarded in Arizona?

The Baker Law Firm LLC

In Arizona, what's been commonly referred to as 'alimony' is now turns as spousal maintenance or spousal support. Oftentimes spousal support is a contentious issue because oftentimes men who have been working in the workforce for many years are reluctant to pay their wife or significant spouse some maintenance. The only way to determine how much spousal maintenance and or spousal support should be paid to this spouse receiving the spousal maintenance is to determine what the incurred complete financial picture is of both persons who are getting the divorce.Obviously, if a person needs to receive spousal maintenance because that's the only way they can get back on their feet, spousal maintenance will be ordered by the court. My name is Mike Baker of The Baker Law Firm. We serve individuals and families all over Arizona in family law matters including divorce, child custody, child support and parenting time matter.

tags: family law divorce alimony child support separation no-fault divorce domestic violence custody parental rights michael baker baker phoenix arizona attorney lawyer criminal defense

attorney: The Baker Law Firm LLC


How often can I visit my kids in Arizona?

The Baker Law Firm LLC

In Arizona, persons who do not have primary physical custody are afforded liberal visitation with their children. At a minimum, one would expect to be able to visit their children at least every other weekend, and perhaps two days every week when they are not having the children on their every other weekend visitation. My name is Mike Baker of The Baker Law Firm. We serve individuals and families all over Arizona in family law matters, including divorce, child custody, child support and parenting time matters.

tags: family law divorce alimony child support separation no-fault divorce domestic violence custody parental rights michael baker baker phoenix arizona attorney lawyer criminal defense

attorney: The Baker Law Firm LLC


Who gets the dog in a divorce in Arizona?

The Baker Law Firm LLC

In Arizona, property that is acquired during a marriage, including the dog usually is divided by agreement of the parties. But of course there are always the cases in which agreements are impossible. But the last thing that a judge wants to do is intervene on how to divide tangible property from the dog, to the lamp, to the book ends. So what the court will order the parties to do is to make a list, an inventory if you will, and make a decision on what’s most important to each party. And they will hand one party the list and they will check off an item, such as the dog. And then they will hand the other party the list and they will check off the couch. This is how property would be divided if parties cannot be adults and come to an agreement. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over Arizona in family law matters including divorce, child custody, child support and parenting time matters.

tags: family law divorce alimony child support separation no-fault divorce domestic violence custody parental rights michael baker baker phoenix arizona attorney lawyer criminal defense

attorney: The Baker Law Firm LLC


Who gets to keep the house in Arizona?

The Baker Law Firm LLC

In Arizona, how the house is disposed of is very complicated in many cases. A person who is able to refinance the house and actually wants the house will be able to refinance the house and essentially buy out the other spouse from the equity existing in the property. Or, the persons will have to sell the house and any proceeds as a result of equity in the house will be divided equally. But likewise, if there is a deficiency in the property, they will have to split the deficiency among themselves equally. My name is Mike Baker of the Baker Law Firm. We serve individuals and families all over Arizona in family law matters including divorce, child custody, child support and parenting time matters.

tags: family law divorce alimony child support separation no-fault divorce domestic violence custody parental rights michael baker baker phoenix arizona attorney lawyer criminal defense

attorney: The Baker Law Firm LLC