What to do if You’ve Been Accused of a Hit and Run

Even if a crash was the fault of another motorist, failing to stop at the scene of an accident can have life-changing consequences. Under Pennsylvania law, anyone who is involved in a motor vehicle crash that results in injury, property damage or death must stop at the scene of the accident, provide identification and insurance information and lend aid to those who are injured. If you’ve been charged with a hit and run, it is essential to seek the counsel of a local criminal defense lawyer right away.

Penalties for Hit and Run in Pennsylvania

Being charged with a hit and run can lead to hefty fines, license suspension, probation and even jail time. Depending upon the level of damage and injury that was caused, penalties for leaving the scene of an accident vary. If no one was injured but there was property damage, it may result in a misdemeanor hit and run charge, which usually involves fines and license suspension. If you left the scene of an accident that involved injury or death to another person, you may be charged with a third-degree felony and more. If you were in an accident that caused injury to another person or their property, they may sue you for damages such as medical expenses, lost wages, pain and suffering and property damage. Many auto insurance companies will cancel your policy if you’ve been convicted of a hit and run.

Contact an Attorney to Defend Your Rights

A traffic violations lawyer will assess the facts of your case and the charges you are facing and advise you on the best course of action to take. Experienced attorneys are often able to get charges reduced or dismissed, but it is imperative that you are honest and upfront with your attorney.

In some circumstances, you may not be criminally responsible for leaving the scene of an accident. These circumstances may include:

Involuntary intoxication—If you were unknowingly drugged before getting behind the wheel, seeking the counsel of a lawyer who is well-versed in handling DUI cases is vital.

Emergency response—If you’re on the way to the hospital or involved in another type of emergency, it may be a valid defense for a hit and run.

Unaware of property damage or injury—If you did not realize that you hit another vehicle, object or person, your attorney may contend that you were unaware of the accident or injury.

Fighting hit and run charges can be complex. A skilled attorney will know how to develop a defense that protects your rights and advances your interests. Your lawyer will investigate the facts and evidence surrounding the incident, come up with a defense strategy, negotiate with prosecutors and represent your interests in court if need be.

At Carosella & Associates, our legal team is dedicated to providing top-notch legal representation to all our clients. If you’ve been accused of a hit and run, our experienced defense attorneys in West Chester pursue all avenues to achieve the best possible outcome for your case.

This blog was originally posted at https://carosella.com/what-to-do-if-accused-of-a-hit-and-run/

Mediation or Litigation: Which Should You Choose for Your Divorce?

Mediation can be an effective option to come to a fair divorce settlement agreement and can help you avoid the lengthy process of hashing things out in front of a judge. Understanding the difference between using mediation versus going to court can help you understand which option is best for you and your family.

What is Mediation?

A mediator is an independent, neutral third party who helps people involved in a dispute come to a resolution and agreement. In cases of divorce, the mediator’s role is to help both parties identify the issues that need to be resolved, facilitate negotiations and come to an agreement that is acceptable to both spouses. Unlike a court case or arbitration where a judge controls the decision-making process, each spouse has full control over the decisions they make in mediation.

Can a Lawyer Act as a Mediator?

Mediators can be attorneys or other professionals who have experience in helping people resolve disputes. Mediation requires a specific set of skills that many experienced divorce attorneyspossess. A mediator who is well-versed in handling divorce negotiations will understand the specific issues that often arise in the divorce process; such as spousal and child support, custody, division of assets and other complex financial matters.

Which Option is Right for You?

Mediation

If you have no children, few assets and the decision to divorce is mutually amicable, mediation can be an effective and affordable option to help you reach a fair divorce settlement.  Each case presents its own unique challenges, so it is best to seek the counsel of a knowledgeable divorce lawyer before you decide whether or not mediation fits your needs. A mediated divorce typically takes less time than a lawyer-facilitated divorce, depending on the spouses’ ability to come to an agreement.

Using a Divorce Attorney

Your attorney represents your interests and acts as your advocate, which is essential in most divorce cases. If issues like custody are being contentious, or your spouse is incapacitated or unable to make sound decisions due to addiction or other problems, an attorney can help you reach an outcome that is not only beneficial to you, but best for your children. If you fear for your safety or domestic violence is involved, mediation is virtually impossible.

Mediation requires both parties to act in good faith. If you suspect that your spouse is hiding assets, acquiring legal representation for your divorce is a must. There are specific procedures that must be followed for full financial disclosure in a divorce to ensure that each party has comprehensive knowledge of the other’s financial circumstances. If collecting information on your spouse’s finances is difficult, your attorney can investigate and obtain it though the discovery process in court. Divorce lawyers who deal with wills can also help you create new estate planning documents that properly reflect your wishes.

Interested in learning more about obtaining legal representation in a divorce?  Carosella & Associates can help.

This blog was originally posted at https://carosella.com/mediation-or-litigation-selection-for-your-divorce/

How to Avoid a Judgment Lien in Bankruptcy

Bankruptcy can give you a fresh financial start but removing judgment liens on your property can be tricky. A local bankruptcy lawyer can help you understand how judgment liens work and advise you on the best way to handle them before, during and after bankruptcy.

What is a Judgment Lien?

A lien isn’t necessarily a bad thing. In fact, mortgages and other loans could be considered liens. However, if a creditor files a lawsuit and obtains a judgment against you before you file for bankruptcy, the judgment could be attached to your home or other property as a lien. This means that the debt you owe is secured by your property, and the creditor could call and demand you pay the entire debt you owe.  In many cases, a judgment lien will prevent you from selling or refinancing unless the lien is first satisfied.

How A Bankruptcy Lawyer Can Help

Seeking counsel from experienced attorneys at a bankruptcy law firm can help you get ahead of any judgment liens that may be placed on your property. If a judgment lien has already been filed, bankruptcy may stop the lien from being imposed and help you avoid foreclosure.

Judgment lien avoidance in bankruptcy requires an additional legal procedure as outlined in the U.S. Bankruptcy Code. Unless this procedure is properly completed the judgment lien will continue to attach to your property after your bankruptcy case is discharged. However, an experienced bankruptcy attorney may be able to void the lien under certain circumstances.

A judgment lien has to meet the following conditions to qualify for avoidance:

You must qualify for a homestead exemption on the property to which the judgment lien is attached. A homestead exemption is relief from liability that is given to the value or a portion of the value of your primary residence.  Homestead exemption amounts and laws vary from state to state. Residential real estate lawyers can advise you on the specific laws that apply in your home’s jurisdiction.

The lien being avoided must be a “judicial lien.” Generally, this means that the judgment lien resulted from a judgment that was entered against you in a lawsuit. This type of lien cannot be associated with child or spousal support, a mortgage foreclosure, or tax or government lien.

Chapter 7 and Chapter 13

If you qualify for avoidance in Chapter 7 bankruptcy, the full or partial amount of a judgment lien may be taken off the title. The voided amount is permanently discharged when bankruptcy is completed.

The voided judgment lien amount is added to the rest of your general unsecured debts in Chapter 13 bankruptcy. It is included in your repayment plan, which is typically 3-5 years.  As long as you make payments on your general unsecured debt as agreed upon in your repayment plan, the portion that has not been paid is discharged when your repayment plan is completed.

If you need assistance with a judgment lien, our experienced West Chester bankruptcy Lawyers at Carosella & Associates can advise you on the best course of action to protect your interests.

This blog was originally posted at https://carosella.com/avoiding-judgment-lien-in-bankruptcy/