Can you be Charged Twice for the Same Crime?

You’ve probably heard of double jeopardy, an important legal concept which means that a criminal defendant cannot face prosecution twice for the same offense. Although double jeopardy is a vital component of the U.S. Constitution, there are scenarios in which it does not apply. If you commit a crime in different states, counties or your offense violates both state and federal law, you may face prosecution for the same crime in multiple courts.

Facing Criminal Charges in Multiple Courts

Regardless of whether you have been convicted or acquitted in a particular jurisdiction, you typically cannot not be tried again for the same crime in the same court. However, you can still be tried in another state or the federal court system if charges have been brought against you in those jurisdictions. This falls under the legal concept of “dual sovereigns,” which means that if your crime violated both state and federal laws, the United States and state governments may both prosecute you without violating the constitutional protection against double jeopardy. These types of cases are very complex, so it is vital to seek the counsel of knowledgeable criminal lawyers who are familiar with all aspects of criminal law and have experience representing defendants in multiple jurisdictions.

Prosecution after a Mistrial

A judge may declare a mistrial for several reasons. One of the most common scenarios that lead to a mistrial is a “hung jury,” which occurs when all jurors cannot come to a consensus on the defendant’s guilt or innocence. The concept of double jeopardy only applies in cases where the defendant was definitively and unanimously found not guilty by a jury. In a mistrial, because the original jury was unable to reach a verdict, the prosecutor could potentially try the defendant again in a new trial with a new jury. Again, if you’ve been federally charged or charged with the same crime in another state, you may face another trial in that jurisdiction, even after an acquittal.

The Importance of Hiring an Experienced Criminal Defense Attorney

Regardless of whether you’re facing charges in one or more jurisdictions, it is critical to have skilled criminal attorneys in your corner who will fight to protect your rights and help you understand the complexities of criminal defense law. The distinctions among local, state and federal law are complicated, and a lawyer whose focus is not in the area of criminal law may not know precisely what happens after a felony conviction or the ins and outs of representing a criminal defendant in multiple jurisdictions.

At Carosella & Associates, we use our combined skills and experience to develop effective defense strategies and work to achieve the best possible outcomes for all of our clients. If you are facing criminal charges, our experienced and compassionate legal team provides personalized, top-quality legal representation and will relentlessly fight to protect your rights and interests.

This blog was originally posted at https://carosella.com/can-you-be-charged-twice-for-the-same-crime/

Think You’re Cut Out For Doing FSBO? Check this out.

These days many homeowners are putting their homes on the market without the assistance of a real estate agent. With so much information available online, selling “For Sale by Owner” can help you avoid paying a realtor a commission and let you keep more money from the sale of your home. Although it’s easy to look up comparables in your area and research the local market to determine a fair price, the legal and financial complexities of real estate transactions require an experienced lawyer to review contracts, prepare sales agreements and ensure that the sale of your home goes smoothly from start to finish.

Advantages of Hiring a Real Estate Lawyer for FSBO

Hiring a skilled real estate lawyer in PA to assist you with selling your home can end up costing far less than paying a realtor a six percent commission fee. Your attorney will guide you through the entire process—he or she will ensure your rights are protected and help you avoid common mistakes that often surround FSBO transactions. An experienced real estate lawyer can help you come up with a successful strategy for selling your home, negotiate on your behalf and accompany you to the closing to make sure all loose ends are properly tied up. Real estate lawyers also have resources and connections that can help you find a reputable title insurance company, appraisers and other services.

Real Estate Purchase and Sale Agreement

A residential real estate lawyer will save you the hassle of handling the more complicated aspects of your FSBO sale. Once you accept an offer from a serious buyer, your attorney will create a real estate purchase and sale agreement, a vital document that’s designed to safeguard both parties’ rights and interests. This contract outlines many important aspects of the sale of property, including title condition, property details, final sale price, earnest money deposit, disclosures, contingencies and closing date. Your attorney may also act as an escrow agent by holding the buyer’s earnest money in a lawyers’ trust account.

Preparing a Deed For Sale By Owner

There are many specific details and language that must be included when preparing a deed for sale by owner. There are multiple steps, documents and standards that are required by all recorders of deeds in Pennsylvania.  A lawyer who is well-versed in handling for sale by owner transactions knows exactly what is required when creating and registering a new deed, including how to correctly prepare payments for fees and transfer taxes.  Having a lawyer prepare the deed will ensure that ownership of the property is transferred according to all local and state laws and requirements. If these requirements and procedures are not properly followed, transfer of ownership could be deemed invalid and result in costly legal claims down the road.

At Carosella & Associates, our experienced West Chester real estate attorneys offer exceptional legal counsel and real estate law services. Our skilled legal team will work hard to make your FSBO transaction  trouble-free from beginning to end.

This blog was originally posted at https://carosella.com/think-youre-cut-out-for-doing-fsbo-check-this-out/

What is a No-Fault Divorce

No-fault divorce can help couples separate amicably, avoid stress and cut down on family conflict. Simply put, no-fault divorce allows one spouse to obtain a divorce without the other spouse’s consent. Regardless of the type of divorce you may be considering, seeking the counsel of experienced local divorce attorneys is vital to protect your rights and interests.

No-Fault Divorce

If you file for fault-based divorce, you must prove wrongdoing by your spouse. No-fault divorce means that the person filing for divorce is not required to show any fault by their spouse. “Irreconcilable differences” is often cited in no-fault cases.

If your spouse does not consent to a divorce, you must wait a designated period of one year before you can seek relief through the courts including division of assets and any determinations regarding alimony. If your spouse has been in a mental hospital for 18 months and will remain in the hospital for at least another 18 months, you can file for divorce on no-fault grounds.

If both parties agree to the divorce, you can seek an uncontested divorce by mutual consent, which is typically granted 90 days after the divorce filing. Mutual no-fault divorce gives both spouses an opportunity to consent to divorce and avoid a long, drawn-out process. An uncontested divorce by mutual consent means that both parties give sworn affidavits declaring that the marriage is irreparably broken. In this type of no-fault divorce, it is crucial to have a lawyer draft a divorce settlement agreement, which outlines the terms of the divorce, rights and responsibilities of each party and division of property, assets and debts.

Filing for No-Fault Divorce

Before you file for divorce, it’s a good idea to make an appointment for a legal consultation and prepare the right questions to ask your divorce lawyer that would help to determine your best course of action. An experienced family law attorney can help you understand how divorce and custody proceedings work in Pennsylvania and prepare you for any pitfalls that may arise.

To file for any type of divorce in Pennsylvania, you or your spouse must have lived in the state of PA for at least six months. To file for no-fault divorce, you must first file a divorce complaint with the Court of Common Pleas in the county where you or your spouse resides. Your complaint should outline your eligibility for divorce in Pennsylvania, the reason for your divorce, and include any other matters you want the court to decide. These documents need to be served on the other party within 30 days of the date they were filed. It’s important to remember that even if you’re filing for no-fault, you may still encounter frustrating roadblocks that can delay proceedings if your spouse does not consent to the divorce. A divorce attorney can provide advice and more specifics on how to file for divorce in PA.

At Carosella & Associates, our skilled Chester County divorce lawyers  will help you determine which type of divorce best fits your needs and ensure that your rights are protected.

This blog was originally posted at https://carosella.com/what-is-a-no-fault-divorce/

DIVORCE VS. LEGAL SEPARATION IN PA

Taking the necessary steps to legally dissolve a marriage is often a challenging process. A competent, compassionate divorce attorney will not only advise you on separation and how to file for divorce, he or she will look out for your best interests and be there to support you through the process every step of the way.

Separation in Pennsylvania

So how long does it take for legal separation?  The answer to this question is complicated, as there is no concept of legal separation under Pennsylvania law. According to Pennsylvania Divorce Code, separation begins when you stop living together as spouses. Whether you are living in separate households is irrelevant; separation simply means that you are no longer partners and are leading separate lives. After one year, separation becomes a no-fault ground for divorce, even if one spouse is not in agreement.

Although you are not required to go to court to gain formal approval for separation, having a separation agreement in place is vital to address the division of martial assets and debts, child custody & support, medical insurance issues, estate matters, and how finances are to be handled during the separation period.

Divorce

In Pennsylvania, your divorce may be based on either fault or no-fault grounds. First, you must file a divorce complaint with the Court of Common Pleas. Your complaint should outline your eligibility for divorce in Pennsylvania and the reason for divorce, along with any other matters you want the court to decide. These documents must be served on the other party within 30 days of the date they were filed.

An uncontested divorce by mutual consent (no-fault) means that you both give sworn statements declaring that the marriage is irretrievably broken. If you are in agreement on the terms of your divorce, it is essential to have an attorney draft a divorce settlement agreement, which outlines the terms of the rights and responsibilities of each party and division of property, assets and debts.

You may file for fault-based divorce if you can prove that your spouse:

• Has acted in a way that made your life unbearable or extremely difficult
• Abandoned you without a reasonable cause for a period of one or more years
• Committed adultery, bigamy or domestic violence
• Has been imprisoned for two or more years

If you are facing separation or divorce, seeking the counsel of an experienced family law attorney is vital to ensure your rights are protected. Whether you need an affordable divorce lawyer to draft a separation agreement or represent you in a contentious at-fault divorce case, our knowledgeable divorce attorneys in West Chester, Carosella & Associates can help.


This blog was originally posted https://carosella.com/divorce-vs-legal-separation-in-pa/

CAN YOU CONTINUE OPERATING YOUR BUSINESS AFTER FILING FOR BANKRUPTCY?

Deciding whether or not to file bankruptcy is a daunting decision, but it’s important to remember that bankruptcy laws were written with businesses and entrepreneurs in mind. Filing bankruptcy does not mean automatic dissolution of your business—some types provide protections that often allow companies to continue operations after bankruptcy and discharge. Many large companies such as airlines and auto manufacturers have benefited from strategically filing for bankruptcy, as it allows them to clear up debt and restructure their business, which can lead to more efficient and profitable operations.

Regardless of whether you are thinking of filing personal or business bankruptcy, it is vital to consult experienced bankruptcy lawyers who will help you devise an effective plan to protect your assets and business.

How Different Types of Bankruptcies May Affect Your Business

How and when your business files for bankruptcy will impact its future viability and financial stability. There are several types of bankruptcy you can file, and each has its drawbacks and benefits. Before you file any type of bankruptcy, it is essential to engage the counsel of a knowledgeable business lawyer who can assess your financial situation and advise you on solutions that will be most beneficial to you.

In Chapter 7 bankruptcy, there is a court-appointed trustee who sells your assets and pays creditors on your behalf. If you file for Chapter 7 bankruptcy, whether you can continue operating your business depends on its structure. If you are a sole proprietor, Chapter 7 may work well to keep your business operational. If your business is a separate legal entity, such as a corporation or LLC, you must file a bankruptcy on behalf of the business. Chapter 7 may be an efficient way to liquidate these types of business structures, but it means that your company will not continue to operate in its current form.

Chapter 13 bankruptcy is a reorganization option that is only available to businesses owned and operated by sole proprietors. In Chapter 13, your business keeps its assets and repays creditors through a repayment plan. There are debt limits that apply in Chapter 13, but certain strategies can help you get your debts below limits before you file. As a sole proprietor, you can include both personal and business debts in Chapter 7 and Chapter 13 bankruptcy.

Chapter 11 bankruptcy also allows your business to keep its assets and repay creditors through a repayment plan. It can be complex and arduous, but Chapter 11 is the only bankruptcy option that allows partnerships, LLCs, or corporations to reorganize and continue operations. Chapter 11 is also an option for sole proprietors who want to restructure and stay in business but owe too much to meet the eligibility requirements for Chapter 13.

If you are concerned about whether or not bankruptcy is the right option to preserve your business, our experienced West Chester bankruptcy lawyers at Carosella & Associates can provide the guidance you need to get your business back on track.


This blog was originally posted https://carosella.com/can-you-continue-operating-your-business-after-filing-for-bankruptcy/

DO YOU NEED A LAWYER TO WRITE UP YOUR WILL?

Regardless of whether you have considerable assets, making sure you have a will in the event of your death is essential to ensure that your wishes are properly carried out after your passing. There are many sites on the internet that claim you can create your own will for little or no cost. However, seeking the services of lawyers who deal with wills ensures that all your legal bases are covered.

DIY Will or Lawyer?

There are many important things to consider when preparing a will. Although a will is not legally required in Pennsylvania, a valid last will and testament can help your estate navigate the probate process more easily. Without a will, laws of intestacy (state laws) determine the distribution of an estate’s assets, which can lead to family conflict and a long, drawn out process.  Unfortunately, if you are not well-versed in how probate works if you write your own will you may end up making the process more challenging for your loved ones. Probate and estate lawyers know the ins and outs of this court-supervised process, and can assist you with not only creating a proper will, but also help your family when the time comes to distribute your estate.

Some issues that can arise if you choose to forego estate planning and prepare your will without the assistance of a qualified attorney include:

If you become incapacitated, your loved ones may not be aware of your wishes. Powers of attorney, living wills, and advance directives are vital legal documents that ensure your finances, health care and end-of-life decisions will be handled according to your desires. An experienced estate planning attorney will take into account all of your wishes and put them on paper, so there is no ambiguity if you need someone else to make these decisions for you. Having these important documents in place will also make a difficult time easier for your loved ones.

You may not be aware that certain types of trusts can keep some of your assets from having to go through probate, cut court costs, save time and help your family avoid paying some types of inheritance taxes. This is just one reason why seeking the services of a knowledgeable estate planning attorney is so important.

If you want to include a testamentary trust in your will, you may create the trust incorrectly and end up causing more headaches for your loved ones down the road. Having an independent third party who understands the complexities of estate planning review your financial and family circumstances will ensure that your wishes are accurately reflected and that your estate is distributed in as efficient a manner as possible.

The experienced attorneys at Carosella and Associates take your entire estate and family situation into account, and can help you create an effective will and personalized estate plan that fits your needs. For top-notch estate planning services in West Chester, PA contact us today.



This blog was originally posted https://carosella.com/do-you-need-a-lawyer-to-write-up-your-will/

HOW TO CHOOSE A BUSINESS ENTITY

Before starting a business, it is vital to carefully choose which form of business entity you want to establish. There are many factors to take into consideration, including the type of business, what your day-to-day operations will involve, the level of personal risk and tax liability, to name a few. Seeking the counsel of an experienced corporate business attorney to advise you on the options that are available to you, help you choose wisely and assist you in setting up your business entity can make the process much easier and ensure that you strike the right balance between the benefits and legal protections different entities offer.

Things to Consider When Choosing a Business Entity

Considering federal, state and local legal and tax considerations when you form a business entity is essential. The type of entity you choose affects –

• your personal liability,
• your capacity to raise capital for your company,
• the amount you will pay in taxes, and
• the type of paperwork you must file to create and maintain your business entity.

You should decide on a business entity before you register your business with the state. A small business legal advisor who is well-versed in the laws and regulations surrounding the formation of business entities in Pennsylvania can provide invaluable guidance that will protect your rights and ensure you choose an entity that meets your unique needs. Once you have chosen a business entity, he or she can help you obtain a federal tax ID number, assist you with registering a business in PA, and file all other required paperwork. Failing to properly register your business can result in serious tax consequences, unintended dissolution and other problems down the road.

There many different factors that should be taken into account before you choose your business entity:

1. The degree of control-How much control do you want to have when it comes to investing, day-to-day operations and other business-related issues? The size, financing needs, complexity of the business and other issues should be taken into account when thinking about the degree of control you want to have over your business.
2. The cost of a business entity-How much will your chosen business entity cost to establish? It’s important to be aware of government fees, regulatory costs and other fiduciary concerns.
3. Your ability to raise capital-How will you raise money for your business? The ways you can raise cash for your business vary depending on the type of entity you choose.
4. Personal liability– Which entity will best help you avoid personal liability? Some forms of ownership provide protection from personal liability for business owners.
5. Federal, state and local taxation-What are the tax advantages and disadvantages of each business entity? The size and type of the business play an important role in this decision. It’s also important to keep business succession plans in mind.
6. Profit division– How will you divide the profits generated by your business? There are several different ways to divide profits that can also have an effect on your ability to raise capital.
7. Business succession planning-How do you plan to continue or pass on your business when you retire or if a sudden illness, injury or death should occur? Do you want to transfer business ownership to a family member or someone else? The type of business entity you choose can have a significant impact on these intentions being carried out according to plan.

Types of Business Entities in Pennsylvania

In Pennsylvania, there are a few types of business entities to choose from, including:

• Sole Proprietorships
• Partnerships
• Corporations
• Limited Liability Companies

Sole Proprietorships

A sole proprietorship is owned by one individual and gives that person total control of his or her business. A sole proprietor is also entitled to all profits from the business. While it does present a few advantages, sole proprietorship is typically unsuitable for a business that needs outside sources of capital for rapid growth.

Complete control of your business and profits can come with a cost. As a sole proprietor, you will be personally liable for all facets of the business, including creditor claims, damages from lawsuits and paying all taxes owed by the business.  If you have substantial personal assets, sole proprietorship is most likely not the best option for your business entity.

Federal taxes due are paid through the owner’s personal income tax return, and are subject to federal self-employment tax, which varies depending on your income.  In Pennsylvania, sole proprietors must pay state income tax and local wage taxes on income from the business as well.

If a sole proprietor wants to sell a business, potential buyers may not want to pay as much as they would for a business entity such as a corporation, particularly when a business has built a good name for itself over time. Having an effective business exit strategy in place at the very beginning can help you decide how you would want to sell your business when it’s time. Family business transition planning can also help you decide how you will handle passing your business assets on to your loved ones in the event of your death.

Partnerships

In Pennsylvania, the profit and losses from a partnership pass directly into the partners’ personal incomes. Depending on the type of partnership, you may be fully personally liable for your business’s debts. Some partnerships offer limited liability, which can protect your assets from certain kinds of debt.

General Partnership (GP)

General partnerships are a fairly simple business entity, but do not offer liability protection. All earnings, losses, and various business expenses are included in a GP partner’s personal income.

Limited Partnership (LP)

Limited partnerships work well for companies that need capital without added executive complications. LPs include limited partners, who invest in the company but do not have any managerial involvement. They are not liable for the company’s debts beyond their capital investment. Just like with general partnerships, they pay taxes on their income on personal returns.

Limited Liability Limited Partnership (LLLP)

Business owners who want to limit their personal liability, raise capital, and retain direct control over their business may create limited liability limited partnerships. LLLPs offer liability protection to limited partners for any business debts outside their investment. General partners enjoy protection from certain types of business debts.

A business contract attorney can help you choose which type of partnership is best for you and create an effective small business partnership agreement to ensure that all of your legal bases are covered.

Corporations

There are a few different types of corporations, but they are all business entities that are separate from their owners. Corporations can make a profit, be taxed, and can be held legally liable. Regular C corporations are typically a good choice for medium- or higher-risk businesses, those that need to raise money, and businesses that plan to “go public” or eventually be sold. Corporations have an advantage when it comes to raising capital because they can raise funds through the sale of stock, which can also be a benefit in attracting employees. When forming a corporation, your business attorney can help you come up with business succession planning strategies that address issues surrounding the sale or transfer of your business.

Corporations pay income tax on their profits. In some cases, profits are taxed twice — first, when the company turns a profit, and again when shareholders claim dividends on their personal tax returns. Corporations offer the strongest protection from personal liability, but the cost to form a corporation is higher than other business entities.

S corporations are designed to avoid this type of double taxation. S corporations allow profit, and some losses, to be passed directly to the owners’ personal income without being subject to corporate tax rates. They must file with the IRS to get S corporation status, which is a different process from registering with the state. Special limits are placed on S corporations and strict filing and operational processes must be followed.

Often called 501(c)(3)s, nonprofit corporations are formed to serve charitable, educational or religious purposes. Because their work benefits the public, nonprofits may receive tax-exempt status. Nonprofits must file with the IRS to get tax exemption and follow stringent rules about what they do with any profits they earn.

Limited Liability Company (LLC)

An LLC lets you take advantage of the benefits of both the corporation and partnership, and protects you from personal liability in most cases.

An LLC allows you to avoid paying corporate taxes, and profits and losses can be passed through your personal income. However, owners of an LLC must pay self-employment tax contributions toward Medicare and Social Security. Medium- or higher-risk businesses, owners with significant personal assets, and those who wish to avoid paying corporate taxes can benefit from choosing an LLC.

The experienced business and contracts attorneys at Carosella & Associates provide legal help for small businesses in Chester County. We offer the exceptional legal counsel and support you need throughout the process of forming a business entity so you can focus on creating a successful, thriving business.

This blog was originally posted at  https://carosella.com/how-to-choose-a-business-entity/