If no agreement is reached soon, the Justice Department plans to file a civil lawsuit against Fiat Chrysler Automobiles NV because of excess diesel vehicle emissions. In January, the Environmental Protection Agency (EPA) accused Fiat Chrysler of illegally using undisclosed software to allow diesel ...
When the safety of yourself, your family, or your home is compromised by an aggressive party or intruder, you naturally want to do anything possible to prevent that breach of safety. In this article, I'll discuss the "Castle Doctrine" and statutes in Pennsylvania that allow you to use force to prot...
As an attorney in Summerville, South Carolina, I help clients untangle the process of probate. This includes proving a will's validity if it exists, appointing an administrator for the decedent's estate if no will exists, appraising property, paying debts, and distributing remaining property accordi...
As a probate attorney in Summerville, South Carolina, I know that estate planning and probate matters can be complex and intimidating. Indeed, the probate process may be complicated based on the planning documents prepared, the size of the deceased person's estate, and the type of assets in questio...
As personal injury attorneys in Rock Hill, South Carolina, we know that even some of the most common legal encounters, such as routine traffic stops, can raise questions. For example, anyone who has watched a crime drama on television has heard police issue the warning, "You have the right to remain silent," to a suspect. But does this right apply during a traffic stop?If a police officer stops a driver on the road, it is because of a perceived criminal or civil infraction. A traffic stop allows the officer to investigate the possible offense, collect information (including driver's license and vehicle registration), and issue citations as necessary. It is unconstitutional (Delaware v. Prouse, 1979) for an officer to stop a vehicle for the sole purpose of checking documents, so if you are stopped by the police, you can assume that the officer suspects you of an infraction.With this in mind, many drivers are tempted to invoke their Fifth Amendment right to remain silent in order to avoid making self-incriminating statements. According to the ACLU, both drivers and passengers do have the right to remain silent during a traffic stop. Neither police officers nor prosecutors may use a person's silence in this situation to assume of guilt. However, if the officer perceives your silence as resisting arrest or obstructing his/her duties, it may become reasonable suspicion and lead to further detainment or a search of your person or vehicle. If you choose to invoke your right to silence during a traffic stop, make this clear to the officer by stating so aloud. You might say, "I invoke my Fifth Amendment right to avoid self-incrimination," or "I would prefer to speak with my attorney before saying anything else."In short, drivers in South Carolina do have the right to remain silent during a traffic stop, but it may not be the best course of action. If you have been stopped by the police while driving and have questions about your rights, contact the experienced attorneys at Lewis Law Firm today. If your rights have been violated, or if you would like to build a defense before appearing in court for a traffic infraction, we can help you take your next step in the right direction.
Smartphone technology is still an imperfect science. For all that we're now able to do, software and hardware alike are both still far from infallible. This is an unfortunate lesson one babysitter was tragically forced to learn first-hand after she was unable to reach 911 due to a T-Mobile glitch. A...
Swedish waste management company Renova is working with Volvo Trucks to create the very first autonomous garbage truck. It's part of an effort to make garbage collection safer and more efficient. Removing human error from the equation could help keep other drivers and pedestrians safe from garbage t...
In an earlier post, we addressed marijuana use and touched on drug testing policies in the workplace. While having a drug testing policy is required of some employers and merely suggested for others, enacting the policy is properly is crucial to the ensuring the company’s employees and clients are safe and that the company is protecting itself from liability as best it can.Why Test for Drugs and Alcohol in the Workplace?Drug and alcohol testing can prevent the hiring or continued employment of people in safety-sensitive or security-sensitive positions who may harm themselves or others if using or abusing drugs or alcohol. Some insurance companies may require drug and alcohol testing policies to offer liability insurance policies to businesses. If a business is a certified South Carolina drug-free workplace, it may be eligible for a 5% credit on worker’s compensation insurance premiums. Drug-free workplaces can see a reduction in absenteeism, accidents, theft, and employee turnover.Who to Test for Drugs in the Workplace?A drug testing policy must be made clear to all employees in writing and must be administered without discrimination as to race, sex, religion or other protected class. Anyone who is employed could be eligible for drug screening, especially those who carry firearms, who are healthcare workers with direct responsibility for patients’ care, who operate or repair passenger vehicles, or whose primary duty is to drive a vehicle. A business may randomly test for drugs or may test an employee if reasonable suspicion arises that an employee is using or abusing drugs or alcohol. If testing because of a reasonable suspicion, an employer should document specific objective facts that raised their suspicion prior to testing, including: A pattern of erratic behavior; Direct observation of drug use; An arrest or conviction for a drug charge; or Information that an employee has caused or contributed to an accident while at work.How to Test for Drugs in the WorkplaceNot just anyone can administer or interpret a drug test. The lab where the sample is taken and tested should be certified by the Substance Abuse and Mental Health Services Administration (SAMHSA) of the US Government. Many laboratories are available for employers, but not all of them are certified or accredited by the SAMHSA. The drug test administered must be an evidentiary test, not a medical test. Positive drug tests should be confirmed by gas chromatography or a more accurate test. The test results must be interpreted by a licensed medical review officer (MRO). A MRO is a physician who interprets and evaluates the employee’s test in conjunction with the employee’s medical history and any other information that may explain a positive test result. A licensed MRO has been trained and certified in drug testing analysis. He or she will verify and approve a certified laboratory drug test result by signing it.Once a specimen is taken, it is sent to the laboratory for an initial screening. If the results are positive for any substances, then the specimen is tested again (a confirmation test). The confirmation test is then forwarded to the MRO for interpretation, analysis, and approval.What to Do with the Results of Drug TestingDrug tests should be kept in an employee’s file for three to five years after they were conducted. Positive drug tests should not be reported or released outside the employee’s file except where required by law. Some workers’ compensation laws require reporting. Otherwise, results of drug tests administered by employers are confidential.How to Create Policies and Procedures for Drug TestingTo ensure a company is protecting its employees, clients and itself, drug and alcohol testing policies and procedures must follow the law and be specific in their administration and consequences. Contact an experienced employment lawyer at Gignilliat, Savitz & Bettis LLP for counsel in setting up the best policies and procedures for your business.
As a criminal defense attorney in North Charleston, South Carolina, I work with clients facing alcohol-related charges to untangle the language and consequences surrounding DUI and DUAC. This article provides information about regulations, penalties, and criminal defense for those charges.South Caro...
Traffic accidents are often tragic, especially when they result in someone's death. When someone dies, it's important that the right person be held accountable. Darrel Earl Daise, age thirty-three, of the Florida Panhandle, was sentenced on April 4, 2017, for his role in a fatal crash that killed o...
Have you been barking up the wrong tree while looking for a house? It becomes a very hectic task to look for the property and it can disturb your daily routine. To get rid of all the troublesome activities regarding buying or selling a property, people hire property lawyers. There are many online we...
The terms and processes associated with law are confusing, but if you find yourself needing to file an injury claim, you will need to brush up on a few things. In order to accurately answer the question, "How much personal injury compensation can I get?" you would need to review any medical evidence...
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Enter your text Driving after you have been drinking is never a good idea. All across the country, drunk driving is responsible for numerous injuries and fatalities. St. Patrick's Day is well-known as a party day, and those who hit the roads are usually advised to be overly cautious and aware o...
The last thing you expect to find in a bag of pre-mixed salad is a bat—a dead one. Unfortunately, this is exactly what happened to two people in Florida. Even worse, they were already eating the salad when the decomposing body of the bat was found. Recall Issued Walmart has begun a recall of Everfr...
Most of the time we encounter situations where we don't have a slightest idea of how to react in those conditions. Being in an accident is one of such situation. We get too much caught up in the moment that we miss about various details and things that we should do post-accident. In cases like these...
So you've been injured and that too, due to the negligence and carelessness of someone else? Well, it would only be wise to consult a personal injury attorney in Macon to discuss your rights for claiming compensation. As you prepare for your meeting with the professional, follow these tips to ensur...
Debt collection and recovery is a common occurrence in almost every business and is part of business dynamics. With the tough economy today, clients may have issues paying their debt. Some hire a collection agency to help get some or all of the outstanding debts whilst others prefer a lawyer. If the...
Who do the courts favor in a child custody case - the mother or the father? Most likely, you answered mother. This is a common perception held by the public, but this gender bias is beginning to be a thing of the past, and fathers are getting more custody rights than ever before. Why the Shift? Scie...
Welcome to my Michigan property tax appeals blog! I formerly served as a Judge with the Michigan Tax Tribunal and will share my knowledge and insight in my blog posts. I will be making regular blog posts concerning various Michigan property tax issues and how to appeal your property taxes to either the local board of review or the Michigan Tax Tribunal. Through the years I have gained a considerable amount of experience and have achieved significant tax savings for many clients. My blog will include posts concerning residential, commercial, and industrial real and personal property taxes and tax appeals. Follow my blog and contact me for all of your property tax needs!
A deed in lieu of foreclosure is going to vary somewhat depending on your state and depending on who your loan is through. In some cases, there are specific programs and guidelines in place designed to streamline the process of a deed in lieu of foreclosure. In any case, the key is that both the homeowner and the lender agree that a deed in lieu of foreclosure is the best option and that they work out an agreement together that the homeowner enters into on a voluntary basis.
Understanding Deed in Lieu of Foreclosure
The deed in lieu of foreclosure process is, in general, a process whereby a homeowner gives up all legal rights to the home in exchange for being absolved of all obligations associated with it. In other words, a lender agrees to essentially take back the home. The mortgage goes away, and the lender gets the house back without having to foreclose. This is far more advantageous to the homeowner than going through the entire foreclosure process, since less damage is done to the homeowner's credit score.
There is also the opportunity to negotiate what will happen if there is a deficit between what the home is worth and what is owed on it. If a lender forecloses and state law allows, the lender can normally come after (sue) the debtor for the deficit balance that isn't recovered in foreclosure. When a deed in lieu of foreclosure option is chosen, because it is voluntary and involves agreement between lender and homeowner, it is possible to negotiate a deal in which the lender agrees not to pursue a deficiency judgment or the borrower agrees to repay the deficit over time.
Finally, in some cases, there is another significant benefit for borrowers: they get to receive relocation money. This is an option with Fannie Mae loans, with VA loans (up to $1500 can be paid) and even in some cases with conventional mortgages when the right criteria is met. The opportunity to receive relocation money is an incentive to borrowers to actively pursue alternatives to foreclosure.