3 Steps to Take If You Have Been Charged in a Criminal Case

Being charged with a crime is stressful and overwhelming. If you are unfamiliar with the legal process you may not know how important it is to ensure your rights are protected from the get-go. If you have been charged in a criminal case, the best defense lawyers in Media, PA recommend you take the following steps.

1. Do Not Speak to the Police

In the American criminal justice system, criminal defendants are supposed to be presumed innocent, but that does not mean that everyone in law enforcement takes the same view. Regardless of whether you’ve actually been arrested or charged with a crime, it is never a good idea to speak to police, prosecutors, or any other law enforcement officials without a lawyer present. Your words can easily be twisted to mean something different than what you intended, which can lead to serious repercussions that jeopardize your freedom.

If you have been detained by police, ask whether you are under arrest. If not, politely decline to speak, leave, and contact an attorney. Police are required to read you your Miranda rights if they intend to interrogate you. This lets you know that anything you say can be held against you and that you have to right to have an attorney present to defend your rights. If the police do not read them to you, anything you say typically cannot be used against you later.

2. Contact a Criminal Defense Attorney Immediately

When you are charged with a crime, the most important thing you can do to protect your rights is to hire an experienced Chester County criminal lawyer as soon as possible. Although everyone is entitled to a public defender, most of them are overloaded with clients and simply cannot give your case the attention it requires. They may advise you to take a plea, even if there is a good chance of winning your case in court. A private defense lawyer has the time and resources to thoroughly evaluate your case and advise you of all possible options.

Your criminal attorney will be present during all contact with law enforcement and prosecutors and advise you on whether or not to answer certain questions. They will also negotiate with prosecutors regarding bail and whether there is cause to have charges dismissed or reduced. This is an extremely important step in the criminal justice process. If you are facing serious felony charges, having a skilled defense lawyer can mean the difference between keeping your freedom and serving time in prison.

3. Keep a Low Profile

When you are in the midst of a criminal case, it is important to be on your best behavior to avoid further charges. Whether you are incarcerated or out on bail, make sure to obey the law. Even a minor slip-up can result in additional charges being added to the mix. Refrain from discussing the details of your case with anyone, even those close to you. Friends, loved ones, and acquaintances can be called to testify under oath, and can be charged with a crime if they commit perjury.

Following these steps can help you protect your rights and lead to a better outcome for your criminal case. Our West Chester criminal lawyers provide the exceptional legal representation you can trust and always keep your best interests at the forefront.

This blog was originally posted at https://carosella.com/blog/3-steps-to-take-if-you-have-been-charged-in-a-criminal-case/

5 Reasons to Consult with a Bankruptcy Lawyer

Although often considered a last resort, filing bankruptcy can help you get your finances in order and make a fresh start. If you’re considering bankruptcy, it’s important to know all your options before making this important decision. There are many ways in which an attorney at a bankruptcy law firm can help you make informed choices that protect your financial future. Here we share a few.

1. Providing Comprehensive Financial Analysis

A bankruptcy attorney has extensive experience doing comprehensive reviews of personal finances. Your lawyer will refer you to the right resources and experts who can thoroughly analyze your financial picture to determine what your debt relief options may be. This gives you a clear picture of your financial circumstances.

2. Helping You Understand the Bankruptcy Process

There are two main types of personal bankruptcy: Chapter 7 and Chapter 13. If you’ve never filed before, you may not know which one will best benefit you. Your attorney can explain each type and let you know why one or the other will fit your specific needs. They explain the bankruptcy process from beginning to end and give you an estimated timeline of how long it will take to complete. If you’re an entrepreneur, a business lawyer in West Chester can also help you understand how filing personal bankruptcy may affect your business.

3. Advising You on How to Deal with Creditors

Being hounded by debt collectors is stressful. There are certain laws that are designed to prevent creditors from harassing consumers. Once you file for bankruptcy, all collection actions from your creditors must stop (barring exceptions like child support payments). Your bankruptcy lawyer can advise you on which actions by your creditors are legal and help protect your rights should you need to file a claim against them for illegal harassment.

4. Helping You Avoid Common Errors

Although it’s possible to fill out all necessary paperwork and file a bankruptcy petition yourself, hiring a lawyer to assist you is a sound investment in your financial well-being. In addition to ensuring your petition is filed without errors, a bankruptcy attorney will make sure that all eligible debts are included in your filing. This is a critical piece of the puzzle that consumers sometimes miss – if you forget or fail to include certain debts in your bankruptcy filing, you are still on the hook for the full amount of them going forward. Your bankruptcy attorney also ensures that all information is accurate, which can help you avoid legal issues down the road.

5. Bankruptcy Attorneys Offer More Than Just Legal Support

Financial woes can take a serious toll on your mental and physical health. Knowing that you have a supportive bankruptcy lawyer in your corner can take some of the weight off your shoulders and give you hope for a better financial future.

Our dedicated bankruptcy lawyers work collaboratively with our business succession planning attorneys, lawyers for wills and trusts, and attorneys for contract review to develop personalized debt relief solutions tailored to meet your specific needs.

This blog was originally posted at https://carosella.com/blog/5-reasons-to-consult-with-a-bankruptcy-lawyer/

What is a 1031 Exchange?

Paying taxes on real estate investments is usually inevitable. However, a 1031 exchange is a valuable tool often used by real estate investors to defer payment of capital gains tax and keep more money in their pockets. When it comes to employing a 1031 exchange in a real estate transaction there are certain rules that must be followed, so it is important to consult experienced Pennsylvania real estate lawyers before taking the plunge.

Understanding a 1031 Exchange

Section 1031 of the U.S. Internal Revenue Code enables property owners to avoid paying capital gains taxes on certain real estate transactions. You can only use a 1031 exchange when the proceeds from the sale of an investment property are used within a certain time limit to purchase another property or properties of a similar type and equal or greater value (like-kind).

What is a Qualified Intermediary?

When you sell a property and want to use a 1031 exchange to avoid paying capital gains tax, the proceeds of the sale must be transferred to a qualified intermediary. A qualified intermediary is an individual or company that facilitates the 1031 exchange by holding  funds in escrow until they are transferred to the seller of the replacement property.

The 1031 Exchange Process

The property that is being sold is known as the upleg, and the property or properties that it is exchanged for is called a downleg. Once proceeds from the upleg are transferred to the qualified intermediary, you have 45 days to identify or choose the new property you want to purchase.

Once you’ve informed the qualified intermediary of the downleg you intend to purchase, you have an additional 135 days to close escrow and take possession of the property. This gives you a total of 180 days from the beginning of the process to the end. These are strict deadlines and at no time can the funds from the upleg sale be in your name, or you will owe capital gains tax. If you plan on doing a 1031 exchange as an LLC or another type of business entity, it is important to seek the advice of business liability lawyers who are well-versed in these types of real estate transactions.

Benefits of a 1031 Exchange

In addition to deferring capital gains taxes, a 1031 exchange enables investors to more easily move investments and diversify their portfolios to minimize risk. It is also useful for owners who want to switch from investment properties such as apartment buildings that require a lot of hands-on management to properties that require less direct involvement.

A 1031 exchange can also be employed for estate planning purposes. If you purchase a property through a 1031 exchange and then pass away, your heirs will likely receive it at a higher market value and will not have to pay the deferred capital gains tax amount. If you are considering this strategy, it is vital to consult lawyers for real estate and knowledgeable estate planning attorneys to ensure it is done correctly.

This is just a brief synopsis of what is involved in a 1031 exchange. There are different types of 1031 transactions, and there are many specific rules and procedures that must be followed. Our legal team includes some of the best contract lawyers, real estate attorneys, and living will attorneys in Pennsylvania. We can determine which type of 1031 best meets your needs and goals and guide you through the process from start to finish.

This blog was originally posted at https://carosella.com/blog/what-is-a-1031-exchange/