Today’s Topic: When Should I See a Lawyer?

If you are arrested for a crime, particularly a serious one, you should contact a lawyer as soon as possible. A lawyer will have a better sense of what you should and should not say to law enforcement officers in order to avoid being misinterpreted or misunderstood. The lawyer also can advise you, your family, and/or friends on the bond process.

If the court determines that you cannot afford an attorney and you are charged with an offense that could result in a jail or prison sentence, you will more than likely be appointed an attorney to represent you.  If you are unable to pay for an attorney, it is your responsibility to ask for an appointed lawyer.

If you can afford an attorney, it is important that you engage a lawyer as soon as possible.  A lawyer who has more time will be better able to conduct an investigation on your behalf.  As time goes by witnesses often forget crucial details or disappear.  That is why it is very important that any person who is accused of a crime find a competent legal representation.

Today’s topic: What is an Arrest?

An arrest is a type of detention. When you have been arrested, you are not free to leave the scene. There are other types of detentions for shorter periods that are not considered arrests. For example you can be held for questioning for a short time if a police officer or other person believes you may be involved in a crime. Shop owners can also detain you for a reasonable amount of time if they suspect you of stealing. A person who is arrested or detained is only required to show identification and answer basic questions about their identity and address.

It is a simple fact of life that not all disputes are matters of black and white, right and wrong. When you need someone who understands that, look to the Fonteneau Firm for help. We will help you understand the relevant legal issues, explain your legal and non-legal options, and be honest with you about the potential consequences of your options so you can come to a decision about how best to resolve your problems. I hope you will take a few minutes to learn a little more about me, the firm’s practice areas and the law. I look forward to serving you, so feel free to contact me.

]]> http://thefonteneaufirm.com/welcome-to-the-fonteneau-firm/feed/ 1 http://thefonteneaufirm.com/turning-your-alabama-lemon-into-lemonade/?utm_source=rss&utm_medium=rss&utm_campaign=turning-your-alabama-lemon-into-lemonade http://thefonteneaufirm.com/turning-your-alabama-lemon-into-lemonade/#comments Wed, 17 Sep 2008 13:57:24 +0000 Kira Fonteneau http://thefonteneaufirm.com/?p=117 If you’ve ever bought a new car, you know what a rush it is. There’s the new car smell, the feeling of power as you hit the accelerator, and the peace of mind knowing that you’ll have a reliable ride for a long, long time.

But what happens when that new car isn’t so reliable? When you wake up one morning and have to come to terms with the fact that you’ve bought a lemon? Lemon Law attorney Sergei Lemberg offers an overview of Alabama lemon law.

Sergei notes that every state has a lemon law, but that each of them is different. Under Alabama’s lemon law, some vehicles qualify as lemons and others don’t. If you’ve bought a new passenger vehicle, SUV, van, truck, or motorcycle with a gross vehicle weight rating of less than 10,000 pounds you’re covered – if the vehicle is used for personal (as opposed to business) purposes.

Now, on to definitions. In order to be considered a “lemon,” your vehicle’s defects have to affect its use, safety, or value. In other words, if it’s something minor, you don’t have a case. According to Sergei, the other catch is that the defects have to occur during the first year from the delivery date or the first 12,000 miles on the odometer – whichever comes first. In addition, the vehicle must have been taken in three times for the same problem or been out of service for 30 days for the same problem. Plus, the manufacturer has to have the opportunity to repair the vehicle one last time. The first repair attempt has to be made during the first year or 12,000 miles, and the final repair attempt has to be made before the end of the second year or 24,000 miles, whichever comes first.

Sergei is quick to point out that manufacturers have teams of lawyers that do nothing but fight lemon law claims, and that battling them will be much easier with a lemon law attorney at your side. The good news is that, if your claim is successful, the manufacturer has to pay your attorney fees. That being said, with the help of a lawyer, you can often get a refund, replacement vehicle, or cash settlement without having to go through the entire lemon law process – and get your attorney’s fees covered in the process.

A potential client called an attorney after he had obtained a judgment in District Court against a tenant and was scheduled to go before the Court to prove damages the next day.  The attorney got the call at 8:00 p.m.  the night before the hearing and first asked a few basic details about the case.  The first thing the attorney learned was that the damages were close to $45,000 and the unlawful detainer was filed in a court  that could only award him $10,000. The attorney advised the potential client that he needed to retain an attorney who would ask for a transfer to the correct court so that he could get a judgment for the full amount owed.  The potential client declined to do so.

A few weeks later, the attorney gets a call from the same potential client.  The client had decided not to pursue the transfer to the other court and as a result only had a $10,000 judgment.  The client was seeking to collect the judgment with a garnishment.  The potential client was calling because he had received a letter from the court that said his garnishment was being dismissed because he had not answered the defendant’s claim of exemption in a timely fashion.  He was ultimately unable to collect any of the money that was owed.

Some landlords must retain an attorney.

If you rental property company is incorporated or a limited liability company you must hire an attorney to file your eviction in Alabama. In Alabama, individuals always have the right to represent themselves in Court but only licensed attorneys may make appearances in court on behalf of others.  Corporations and limited liability companies are considered legal “people”  distinct from their officers, shareholders and/or members. That is because the purpose of these entities is to shield those people from personal liability for the debts or responsibilities of the business. As a result, Officers, shareholders and members of the business may not represent the business in Court and risk having their case dismissed or criminal prosecution for unauthorized practice of law if they attempt to file an eviction on a company’s behalf.

Sole proprietorship landlords may represent themselves.

If you own your properties in your own name, you are not legally required to retain an attorney to file an eviction.  When deciding whether to retain an attorney, you should consider whether you have the expertise and resources to get the result you desire in Court.   A knowledgeable attorney will know the eviction law and the rules of civil procedure that apply to all Court cases.  If you choose to represent yourself you are presumed to know the rules and the law. The Court may not make any allowances or waive the rules for parties that choose to represent themselves. Failure to read or understand the laws could cause your case to be dismissed or result in a less than optimal outcome.

In an unlawful detainer, time is money.  The longer a tenant stays in the property without paying, the more money the landlord loses.  A knowledgeable attorney can reduce the amount of time your case lingers in the court.  First, an attorney will have access to a process server who knows the service rules and can get your tenant served quickly.  If you file the unlawful detainer yourself, you will need to wait for the sheriff or the constable to serve the documents for you.  Depending on the county the service can take weeks. Second, evictions are a multi-step process with deadlines that must be met. Most reputable attorneys will have access to the Court’s online file system, Alacourt.  The system allows attorneys to see whether a tenant has responded and take immediate action when necessary.  In most cases, attorneys can also electronically file the pleadings in your case which also saves time.

Finally, one advantages of hiring an attorney is that if you win, the tenant can be ordered to reimburse the landlord’s attorney fee.  So in many cases, hiring an attorney can  give you peace of mind, speed the process and be an economical solution for the landlord.

By now most property owners know that Alabama enacted sweeping changes to the landlord tenant law that took effect in 2007. These changes provide tenants with new rights that were previously not available to them. One important provision of the new law provides that the property owner may not unlawfully remove a tenant from the propery.

Landlords who fail to follow the letter of the law when it comes to evicting tenants face stiff penalties including payment of three month’s rent or the actual damages sustained by the tenant as well as attorney’s fees. Since the laws have recently changed property owners who are facing the prospect of evicting their tenants should seek the advice of a competent attorney to review their lease to ensure that it complies with the new law’s requirements as well as determine if they are giving the proper notice to non-compliant tenants before taking action.