Posts Tagged ‘Lawyer’

What is a court appointed attorney?

Sunday, July 24th, 2011

If you are charged with an offense that could possibly result in you being sent to jail, and you can’t afford an attorney, you have the right to have an attorney appointed to represent you.

In order to qualify for an appointed attorney, you need to meet some low income guidelines.  If you don’t meet these guidelines, the court determines that you can afford to hire an attorney on your own, and you are not eligible to have an attorney appointed to represent you.

In some courts in this area, there is a public defender’s office that handles most of these cases.  In other courts, there is no public defender and so the court needs to find other attorneys that will accept the appointments.  There might also be a situation where there is a conflict in the public defender’s office, so sometimes the court needs to find another attorney to accept this particular appointment even though most of the time the public defender’s office is used.

Who pays for these attorneys?  The Commonwealth of Virginia, which means the taxpayers of Virginia.

But the attorney does not get paid at their ‘normal’ retained rate.   Instead, the court appointed attorney gets paid a very reduced rate.

The court does not just go out on the street to find the first attorney walking by.  All of the court appointed attorneys need to meet training standards to be allowed on the list in the first place, and they then need to continue to get additional training in order to remain on the list.

Most of the court appointed attorneys also handle privately retained clients, and they agree to take court appointed cases as a way of helping the community.

What does this mean to you?  If you happen to have a court appointed attorney, you can rest comfortably in the knowledge that your attorney is well qualified.

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.

July is Sandwich Generation Month!

Monday, July 4th, 2011

When I hear the word ‘Sandwich’ I tend to think of Peanut-Butter and Jelly, which always brings a smile to my face.

But there is a new way of viewing ‘Sandwich’ that is not so much fun.  That’s the role more of us are playing by being the caregivers of both our parents and our children.

In the grand scheme, this is not really anything new.  Families used to always take care of the generations, often in a single home.  Grandma and Grandpa shared the same home with their children and grandchildren providing wisdom and assistance as the new generation came along, and receiving the attention and care of those in the family as they slowed down in their elder years.

But things changed, especially here in the United States, and families tended to live in their own separate homes with Grandma and Grandpa often living across town or even across the country.  Most of us today can’t imagine even sharing a room with a sister or brother, let alone imagine sharing a home with Grandma or Grandpa.

None of us would consider leaving a two-year old home alone.  After all, the two-year old can’t really get food to eat or make sure they make it to the bathroom on time.  And there are things in the home that could injure the child if they are not used correctly.  The two-year old is also just learning about freedom and self-reliance and if the two-year old refuses to do what we tell them to do for their own good, we can pick them up and put them in their bedroom for a ‘time out’.  The parents get to set the ground rules because a two-year old doesn’t know that it is even possible to stay up past 8:00.

It’s a different story with our aging parents.  They DO know that they can stay up past 8:00, and they’ve done it for years!  Why, they even taught US!  And most of the time, they are too large to pick up and physically move to the bedroom for a ‘time out’ when they get cantankerous.  Unfortunately, our aging parents might also be in the position of not being able to get food for themselves or eating correctly, or making it to the bathroom on time, or using things in the home that can cause injury if not used correctly.

Our parents are living longer and having more health issues, both physical and mental, then previous generations.  I know there was nobody in my family that ever got cancer until my uncle was diagnosed a few years ago.  But nobody in the family had ever lived to be 85 before either.   On my dad’s side of the family, there wasn’t a history of dementia until the family members starting living into their 90′s.

Luckily, there are more and more services available to help us take care of our parents.  These services can take away some of the stress involved in day-to-day chores such as making sure that our parents are eating correctly and being kept clean and safe.  There was a time when babysitters and day-care centers for children were a new concept, even though today we see them as an established institution in our lifestyle.  It appears that there will come a day when adult care givers and adult day-care centers will also become established in our lifestyle.

These services cost money.  But unlike children who have no resources of their own, often our parents will have some resources available to them to help pay for the services needed for their care.

Also, as parents of minor children you have the legal authority to make decisions for your children.  This is not so for your parents.  It is important to have the correct documents in place so that you have the authority to make important and day-to-day decisions for your aging parents.  These include Powers of Attorney and Medical Directives.  You might also want to consider establishing a Trust so that your parent’s assets can be transferred with a minimum of hassle and used for their benefit.

What should you do?  Read…there are a lot of resources available on the web.  Talk to your parents…find out what they want while they are able to tell you.  Talk to people you trust…your doctor, your pastor, your lawyer.  Ask them to recommend services or service providers that they trust.  Unfortunately there are some scams out there that sound good but don’t really offer the right services for your needs.  And most of all, have patience. Remember that these are the people that spent their time raising you, dealing with you when you made mistakes and who helped mold you into who you are today.  Be patient with them, knowing that they are also having difficulty dealing with this role reversal.

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.

Hampton Office !

Friday, May 20th, 2011

We have just opened a new satellite office to better serve our clients in the Hampton area.

Our Hampton office is in the Peninsula Town Center with an address of:

Kristina Beavers, Attorney at Law

4410 Claiborne Sq, Suite 334

Hampton, VA 23666

You can use the same phone number of 757-234-4650 to access us at either office (don’t you just love technology!)

To learn more about Kristina Beavers, Attorney at Law, check out our website at www.BeaversLaw.com

Don’t people watch TV anymore????

Monday, September 27th, 2010

I like to watch TV.  I admit it.  I watch a lot of different types of shows, but Law and Order _____ (fill in the blank) and CSI _____ (fill in the blank) and just about every other law enforcement/lawyer/spy show that is around are among my favorites.

They are all a little different, but they all have one thing in common.  They should all teach you that if you are ever arrested, you should say “I want a lawyer” and then you SHUT UP!

Do you know what ‘The Closer’ does when someone says they want a lawyer?  She walks out of the room!

These shows also teach you that police-persons sometimes lie.   The Police-person will tell you that ‘I can’t help you unless you tell me the truth’, but that is a ploy to get you to tell them what you did (and yes, it is legal for them to lie to you).

We get clients all the time that want us to find a way to get them declared innocent of some criminal offense, or help them with a plea bargain, but they’ve already made a confession, or a number of confessions.

I had a client tell me that the only reason he confessed is that they kept asking him questions for 4 hours.  First of all, any mother of a sick infant could do 4 hours of police questioning ‘standing on her head’.  Secondly, if you had asked for a lawyer at the beginning, there would not have been four hours of questioning.

Going into court for a client who has already confessed to the crime is like playing a world-series baseball game….only you start in the 9th inning with 2 outs, 2 strikes against you and you’ve never seen this pitcher before.   The odds are really stacked against you.

Please don’t misunderstand my motives.  I think criminals should be tried and they should get the punishment they deserve.  And I think that the police and prosecutors should do everything they need to do to convict the guilty.  But I also think that the laws are there for a reason and if someone has given you your ‘Miranda’ warnings, you should listen and take advantage of them.

So, I”m going to say something most mothers never say.   Maybe we should watch more TV!

I think I want to start my own business….

Saturday, October 31st, 2009

I get calls from people who say they think they want to start their own business and they want my help. Of course I can help them, but there are some steps they should go through first.

Before you even get to the point of deciding on a business name, or whether you should be a corporation or a partnership or a whatever, you first need to develop a mission statement and a business plan.

Let’s start with a mission statement.

A mission statement is a short, one paragraph statement of what your company will be. Think about where you want to be in 3 to 5 years and what you want people to say about your company. Do you want to be the ‘global leader’ in something? or do you want to be ‘the place where local people ….’? By clearly writing your mission statement, you are setting a goal for where you want your company to go.

It’s kind of like getting in the car to go on a drive, first you need to have a goal or you won’t know what direction to go first. If you want to end up in New York, you’ll drive North (from here in Virginia). But if you want to end up in Florida, you’ll drive South. Those are in opposite directions! So if you don’t know where you want to go, you might be driving a long time in the wrong direction.

You don’t want to do that with your new business.

So start with a goal. And formalize that goal by writing a mission statement.