DUI or Criminal Charge? You Might Be Able to Avoid Court

If you have been issued a DUI citation or accused of criminal misconduct, you might be able to avoid going to court and standing trial by participating in mediation.  This is especially true if it is your first offense.  Many states allow for DUI mediation or criminal mediation for most charges if a party motions for it and the judge agrees to the motion.  When a judge chooses a mediator or refers a case to a mediator, usually this is all that is required to move the case from litigation to mediation.  However, in most instances, consent is required from all parties involved when a party motions for criminal or DUI mediation.

There are certain criminal offenses that cannot be handled through mediation and these vary state by state.  Most states do not allow mediation in place of litigation if the criminal charge is for deliberate homicide, mitigated deliberate homicide, intimidation, partner family member assault, assault on a minor, stalking, aggravated kidnapping, sex crimes, endangering the welfare of a minor, sexual abuse of children, and ritual abuse of a minor.

Some criminal charges that are commonly referred to mediation include disorderly conduct, public intoxication, criminal domestic violence, property offenses (such as shoplifting or petit larceny), simple assault, and simple possession of marijuana.

If a plea bargain is the result of DUI or criminal mediation, a judge does not necessary have to agree with and approve the recommended sentence.  However, most judges will agree with the result of the mediation process if the accused is compliant during the process and a satisfactory conclusion is reached in the mediation process.

November 1, 2012

Gray Divorce: Will You Become Part Of The Trend? – When it comes to midlifers, this couple is starting to become the exception rather than the norm. Although the overall national divorce rate has been creeping downwards since spiking in the 1980s, the divorce rate among those 50 and over — so-called “gray divorces” — has more than doubled over the last two decades, according to a study released this year by sociologists at Bowling Green State University.

Stewart Welch: 10 tips for divorcing couples – The ‘D’ word. It happens in about 50 percent of the marriages in America. The reasons for divorce vary by couple, but most of the cases have at least some roots in money issues.

October 29, 2012

Divorce rates rising among older people – You might think divorce is an oddity once a couple enters their later years, but so-called “gray divorces” are actually becoming more common. The Wall Street Journal recently published a story about a new Bowling Green State University study that shows the divorce rate among people age 50 and older has more than doubled since 1990 here in the United States.

4 Steps To Help Your Teen Survive Your Divorce – Many divorcing parents put all their attention on helping their younger children cope while assuming that their teenager will understand and adapt. Unfortunately, in many cases teens deal with divorce in more self-destructive and dangerous ways than younger children. Don’t be misled by their seeming independence and self-sufficiency.

October 22, 2012

DebtAdviser: Divorce, credit and debt - First, determine who owns the credit card that is charged off. Review all three of your credit reports carefully and verify ownership on all your accounts. You opened the account when you were married as either a joint account (where you were both owners) or in his name as the owner and you as an authorized user. The ownership of the account makes a huge difference.

Why Is Gray Divorce the New Trend? - An analysis of the latest U.S. Census Data indicates there has been a huge increase in the number of people 50-plus getting a divorce.

October 18, 2012

Celebrate Mediation Day: Top 10 Reasons To Mediate Your Divorce - October 18, 2012 is Mediation Day. Mediation is a process for resolving conflict and coming to an agreement where decision-making remains with the parties. A neutral mediator assists parties in arriving at a mutually acceptable agreement. In contrast to an adversarial proceeding, mediation emphasizes cooperative problem solving and addressing the needs of all involved. Mediation can be used for all types of conflict, however it is particularly useful in the context of divorce and family disputes.

In divorce proceedings, careful disposition of real estate is vital - While the mediation indicated that your former spouse would be liable for the debt on the home and all expenses from the home, you should have insisted that she refinance the property, pay off the old loan and move on with the home in her name alone, with a mortgage only in her name.