Having a baby and getting married are all joyful times in our lives. The one thing that we may forget to do during this happy period is update our Will to reflect our changed marital status or new parenthood status. However, these are some of the most important times to reflect on how we would like to provide for our loved ones or maintain our real or personal property.
Reviewing all of your Estate Planning and Last Will and Testament, along with your Living Will, Power of Attorney, and Durable Power of Attorney for Health Care, will give you and your family the piece of mind necessary to feel secure no matter what may happen. While we don't need to dwell on the idea that our loved ones will die, it is important to have a solid understanding of what will happen to everything from jointly owned properties, to how our surviving family will be provided for, in the event of an unexpected accident or worse.
In particular after the birth of a child, your situation will change dramatically in terms of how you will set up and establish heirs, and your executor, as well as a guardian for your child. You may decide that a Trust situation will serve the best interests of your child better than anything else and simply have a Trustee to oversee the estate.
Seeking the counsel of an experienced Family Law attorney for the information that is specific to your individual situation, and the best course of action for you to follow, is always the wisest choice.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
Wednesday, June 29, 2011
Friday, June 17, 2011
Criminal Trial Juror Faces Contempt Charge
With the popularity of social media, and the shrinking of our world as a result, it is understandable that many people have connections through online social networks, like Facebook and MySpace.
Unfortunately, the same laws apply to these environments that apply to in person contact between jurors and defendants – and when the courts are faced with the decision of whether someone is in violation of those laws in an online environment, they must use the same guidelines.
This situation is discussed in detail in the article below in which a juror in Britain was held in contempt of court for contacting the defendant through her Facebook profile. And although this situation takes place overseas, the results in the Criminal Courts of the US would be very similar.
Juror in Facebook contempt prosecution after ‘contacting defendant during trial’
By Andrew Hough
13 Jun 2011
A female juror will stand trial this week accused of contempt of court after she allegedly sent messages to a defendant through Facebook, causing a multi-million pound drug trial to collapse.
In a British legal first, Joanne Fraill, 40, will be prosecuted for allegedly exchanging messages on the social networking site with Jamie Sewart, one of the defendants she had been trying.
Prosecutors will claim Mrs Fraill allegedly chatted online to Mrs Sewart, who had been acquitted in the case, while verdicts on other trials were still being discussed.
Mrs Sewart, 34, also faces contempt proceedings because she is alleged to have asked Mrs Fraill, of Blackley, Manchester, for details of the jury's deliberations.
Mrs Frail, who denies the charges, is also accused of using the internet to research the case against the judge’s orders. The pair could face jail if found guilty.
Dominic Grieve, the Attorney-General who will open the case at the High Court on Tuesday, will argue their actions cause a major drugs trial to collapse, leaving taxpayers facing a bill of more than £6million.
The case, to be heard by Lord Judge, the Lord Chief Justice, coincides with an appeal by another defendant in the trial, who is challenging his conviction because of the alleged conversation.
The aborted trial involving Mrs Sewart, of Bolton, occurred in Manchester last year and involved multiple charges and defendants.
It exposed a corrupt police officer’s links with a drugs gang in Bolton. Mrs Sewart also denies the charges.
After the Facebook conversation was discovered, the jury at Minshull Street Crown Court in Manchester had to be discharged from the 2½-month trial.
It was one of a series of four trials that had been sitting, which involved 500 witnesses, 14 barristers, five juries and more than 160 days in court.
One of the defendants, Gary Knox, a convicted drug dealer is appealing against his conviction on the basis of alleged jury misconduct, with the appeal also to be heard by Lord Judge.
Knox, 35, was jailed for six years for conspiracy to commit misconduct in a public office.
The court heard he bought sensitive information on drug dealers from police in return for a £20,000 BMW and Premier League match tickets.
A police officer, Phil Berry, 44, who received the gifts and admitted the same charge, was jailed for four years.
Lord Judge is reportedly expected to issue tough new guidelines on internet use by jurors, which he will argue will lead to contempt of court prosecutions.
New measures will include warnings from judges to jurors at the start of trials, information videos and notices throughout jury rooms.
Christopher Kinch, QC, chairman of the Criminal Bar Association, said comments assuming the guilt of the defendant were possible grounds for appeal.
“The situation is a potential time-bomb for the jury system,” he told The Times.
“Left unchecked, we could move towards trial by X-factor-type online polling; or jurors might find themselves put under pressure by correspondents online.”
Unfortunately, the same laws apply to these environments that apply to in person contact between jurors and defendants – and when the courts are faced with the decision of whether someone is in violation of those laws in an online environment, they must use the same guidelines.
This situation is discussed in detail in the article below in which a juror in Britain was held in contempt of court for contacting the defendant through her Facebook profile. And although this situation takes place overseas, the results in the Criminal Courts of the US would be very similar.
Juror in Facebook contempt prosecution after ‘contacting defendant during trial’
By Andrew Hough
13 Jun 2011
A female juror will stand trial this week accused of contempt of court after she allegedly sent messages to a defendant through Facebook, causing a multi-million pound drug trial to collapse.
In a British legal first, Joanne Fraill, 40, will be prosecuted for allegedly exchanging messages on the social networking site with Jamie Sewart, one of the defendants she had been trying.
Prosecutors will claim Mrs Fraill allegedly chatted online to Mrs Sewart, who had been acquitted in the case, while verdicts on other trials were still being discussed.
Mrs Sewart, 34, also faces contempt proceedings because she is alleged to have asked Mrs Fraill, of Blackley, Manchester, for details of the jury's deliberations.
Mrs Frail, who denies the charges, is also accused of using the internet to research the case against the judge’s orders. The pair could face jail if found guilty.
Dominic Grieve, the Attorney-General who will open the case at the High Court on Tuesday, will argue their actions cause a major drugs trial to collapse, leaving taxpayers facing a bill of more than £6million.
The case, to be heard by Lord Judge, the Lord Chief Justice, coincides with an appeal by another defendant in the trial, who is challenging his conviction because of the alleged conversation.
The aborted trial involving Mrs Sewart, of Bolton, occurred in Manchester last year and involved multiple charges and defendants.
It exposed a corrupt police officer’s links with a drugs gang in Bolton. Mrs Sewart also denies the charges.
After the Facebook conversation was discovered, the jury at Minshull Street Crown Court in Manchester had to be discharged from the 2½-month trial.
It was one of a series of four trials that had been sitting, which involved 500 witnesses, 14 barristers, five juries and more than 160 days in court.
One of the defendants, Gary Knox, a convicted drug dealer is appealing against his conviction on the basis of alleged jury misconduct, with the appeal also to be heard by Lord Judge.
Knox, 35, was jailed for six years for conspiracy to commit misconduct in a public office.
The court heard he bought sensitive information on drug dealers from police in return for a £20,000 BMW and Premier League match tickets.
A police officer, Phil Berry, 44, who received the gifts and admitted the same charge, was jailed for four years.
Lord Judge is reportedly expected to issue tough new guidelines on internet use by jurors, which he will argue will lead to contempt of court prosecutions.
New measures will include warnings from judges to jurors at the start of trials, information videos and notices throughout jury rooms.
Christopher Kinch, QC, chairman of the Criminal Bar Association, said comments assuming the guilt of the defendant were possible grounds for appeal.
“The situation is a potential time-bomb for the jury system,” he told The Times.
“Left unchecked, we could move towards trial by X-factor-type online polling; or jurors might find themselves put under pressure by correspondents online.”
Monday, June 13, 2011
Divorce Advice for Now and Later
In the heat of the moment, tempers flare, emotions run wild, and decisions get made that unfortunately affect everyone in the short and long term. The simple act of taking a breath before saying or doing something you may regret, especially during the divorce process, will help to not only alleviate a great deal of the tension involved, but also protect you and your loved ones in the future by eliminating any repercussions from bad choices made under pressure or stress you may be feeling now.
By following some very simple guidelines however, you can navigate this process calmly and sanely, regardless of your emotionality and stress levels. If you would like to spare yourself and your loved ones from a long, emotionally and financially draining process, practice the following steps whenever and as much as possible:
Compromise with your soon-to-be-ex. Divorce is one of the most important areas of your life for teaching the skills of compromise, cooperation, and understanding. Learning how to let go and flow in a give and take kind of attitude will go a very long way toward soothing nerves and speeding the divorce along to a conclusion.
Discuss all arrangements, changes, visitation, support payments, and anything else that involves your children both with your spouse and your children. Keeping your spouse aware of your intentions and actions, especially with regard to your children, will save you both from unnecessary and destructive behaviors and decisions before they have a chance to happen.
Support your children. They are going through far more than you can imagine or they are showing. Giving them a hard time, or making things more difficult for them by forcing them to choose sides, or make decisions that are beyond them is unfair, unkind, causes them untold amounts of stress and pain, and only alienates them from you later in life.
Disclose all of your information about your assets, liabilities, and property. There is little that can compare to the embarrassment and time that gets wasted by people who lie or try to cheat their soon-to-be-ex out of certain financial support.
Stay local and avoid making any major life changing decisions during this process. This will allow you, and your children if you have any, to adjust to the major changes that are already going to occur through the divorce process. Additionally, moving out of state or even to another county, could hinder and slow down your divorce in the courts, making it take longer to be finalized.
Avoid giving away your assets to friends or family with the intent of getting it back later on. Your spouse will always have the option of modifying the financial arrangements anyway, and may elect to take you to court again if assets disappear then reappear in your name.
Honor any temporary restraining or no-contact orders as the legally binding, criminally enforceable documents that they are. Even if you are being kept away from your children during this time, the worst decision you can make is to violate a court order. This kind of action will put you in danger of being found in contempt, placed in jail, and/or will seriously mar your divorce case; perhaps to the point of causing you to have to pay additional fees or costs, requiring supervised visitation with your children, or otherwise altering the visitation that you would prefer with your child.
Ask your attorney for more information, better clarification, or to help you make sense of anything and everything you don't understand. There are no silly questions, and you've retained him for this very reason - to help you through your divorce every step of the way.
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