You can be arrested in Kentucky for a crime you committed in another state or on an out-of-state warrant for arrest. If you are arrested on an out-of-state arrest warrant, the sooner you seek legal counsel from an experienced criminal defense lawyer, the better.
What Is A Warrant?
A warrant is issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual’s property. It generally has your name and the information about the charges against you. There are three primary types of warrants that are commonly issued. In all cases, the police or the District Attorney must first have probable cause before they can request a warrant from a judge.
Arrest Warrants: Arrest warrants can be issued for a variety of crimes, including misdemeanors and felonies. It is rare when an individual knows that there is a warrant out for their arrest. Typically, they find out when the police come knocking on their door or show up at their place of employment. Once found, the police will take you into custody.
Bench Warrants: A bench warrant means a judge has issued an order for a defendant’s arrest. Often, the person on whom the warrant is issued has already been charged with a crime but did not appear in court on the designated court date to face charges. This is known as a bench warrant for failure to appear. But a judge can issue a bench warrant anytime a person violates the rules of the court. If you discover you have a bench warrant out, it is a good idea to get a lawyer and turn yourself in as soon as possible. Some people believe they can evade a bench warrant, but those people are almost always wrong.
Search Warrants: Search warrants are issued when the police or DA have probable cause that they would find evidence of a crime if a search was conducted. Police cannot search you, your vehicle, your home, or your business without a valid warrant. Search warrants can be issued for a variety of reasons and for a variety of crimes.
Can One State See A Warrant From Another State?
When an arrest warrant is issued, the warrant is entered into a searchable database. Kentucky police officers can have access to the database. So let’s say you have a drug charge in another state, you could be arrested in Kentucky on that warrant. Even if you are arrested in another state for any reason, the police will likely see the out-of-state warrant. If this happens, the state where you were initially charged will typically hold a court hearing wherein they prove you are the individual in the out-of-state warrant.
Extradition After A Warrant Is Discovered
If the active warrant is for a felony offense, the police officers will most likely extradite you back to the state where the warrant was issued. Then, you will be brought into custody and await the next steps for a trial. You will most likely not be extradited for a misdemeanor offense warrant unless it is a sex offense. Instead, the misdemeanor warrant can usually be handled quickly with the help of a defense attorney. If the warrant is a bench warrant, you may or may not be extradited and set to appear in front of the judge. In any case, an out-of-state officer who discovers your warrant has the right to arrest you.
Does An Arrest Warrant Ever Expire?
Warrants do not expire after a certain period of time like many hope. Likewise, there is no statute of limitations applicable to one being arrested on a warrant. The warrant must be resolved by your arrest or by a judge dismissing the warrant. You can surrender yourself to law enforcement officials to resolve the arrest warrant.
How To Discover If You Have An Arrest Warrant In The United States
U.S. residents can determine if they have existing warrants in the country by conducting a warrant search.
There are several ways to run this search:
Request a criminal history record (also called an Identity History Summary Check).
Search federal court records using the Public Access to Court Electronic Records (PACER) service.
Search a state’s court website.
Search a local law enforcement’s official website.
You could contact the local police station to inquire about an arrest warrant. Just remember you could be questioned, and the police may locate you to execute the arrest warrant. You may also check with a bail bond agent to see what they charge for a warrant search. Hiring a criminal defense lawyer may be the best and safest way to determine if you do indeed have an outstanding warrant for your arrest.
Why Do I Need A Criminal Defense Lawyer If I Have An Out-Of-State Warrant?
Ignoring the warrant could lead to you being arrested at work, in public, or at an inconvenient time. Hiring an attorney is likely the simplest, easiest way to clear a warrant. An out-of-state felony arrest warrant typically authorizes law enforcement personnel to arrest you in your home state. Depending on the seriousness of the felony offense, the police may even work with officers in your home state to locate you and facilitate the arrest.
If there is a warrant, legal counsel can help you try and:
Clear the warrant (for example by securing a court date/court order or making a court appearance)
Work with the authorities to comply with it.
After the arrest, your criminal attorney will work to resolve the charges against you. If you decide to plead guilty, your lawyer can work with the prosecutor in the other state to possibly arrange for you to serve your sentence in Kentucky instead of going back to the other state.
An arrest warrant is a serious matter. Do not ignore the warrant in hopes that it will go away in time as it will never go away.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
If you were arrested surely it was a very traumatic experience. Especially if this is the very first time you have ever been arrested. Kentucky has very strict laws related to controlled substances. Illegal possession of a controlled substance occurs whenever a person owns or otherwise possesses a drug or other controlled substance, without legal justification or permission. These charges usually apply when a person is found carrying marijuana, cocaine, methamphetamines, or other narcotics. To convict someone of illegal possession of a controlled substance, the prosecutor must prove the defendant knowingly possessed the drug. If you were arrested, understanding what happens next could help you avoid mistakes resulting in a harsher sentence. Talking to a drug crime attorney about your charges, whether innocent or guilty, is the best thing to protect your freedom rights.
What Is The Process After You Have Been Arrested For Drug Possession?
After you have been arrested for drug possession, you will be taken to the police station, where processing occurs. Once processing is complete, you will be put in jail. The next step is an arraignment hearing. This is when you are told your rights and receive the bail amount for your situation. An arrest is not a guilty verdict. You should not admit to anything or talk to the police. You should ask for your telephone call. Use that call to call your defense attorney or if you do not know a defense attorney call someone who can find a lawyer for you. If you cannot afford an attorney, request that the court appoint a defense attorney for you. Next will come your arraignment. At the arraignment, the judge will read the charge of drug possession against you and tell you your legal rights. At this time, you can ask about bail. The judge may or may not grant bail – it will depend on the charges against you. If you are granted bail and you can post bond, you will be released from jail pending the resolution of your case.
What Happens If I’m Caught With Drugs But Not Charged At That Moment By The Police?
Make sure to respond in a respectful and direct manner. Resisting arrest or disrespecting law enforcement can lead to increased charges or additional legal issues. If you’ve been caught with drugs but not charged yet, you’ll want to avoid making the situation worse. Felony drug charges do not have a statute of limitation. You can be charged at any time. Misdemeanor drug charges generally must be filed within one year of the crime being committed.
Drugs In Prison Are More Common Than Many Of Us Believe
If you are incarcerated and in jail, beware that you can face the same drug charges and penalties for possession in jail as you would if you’re caught outside of jail. Time could be added to your sentence and penalties could make life in jail much more difficult for you during your time in jail.
You Should Consider Any Drug Possession In Kentucky As A Serious Matter
Drug possession is a severe charge. Believing you can outsmart the police or that your privilege or clean record can help you is a huge mistake. Here are some do’s and don’ts for you to consider:
DO
Stay calm: Whatever happens, it is recommended that you never allow your emotions to get the better of you.
Be respectful: If you act combative or uncooperative, you might get yourself in additional trouble. As much as possible, always be polite and respectful.
Hire a criminal defense attorney: Drug possession is a severe charge. Get in touch with a qualified criminal defense attorney right away.
DO NOT
Eat your Drugs: A possible misdemeanor case can quickly turn into a felony if you attempt to destroy or hide evidence. Tampering, destroying, or hiding evidence has serious legal consequences, and it’s definitely the last thing you need. It may be your first thought, but this is a massive mistake that you shouldn’t even attempt.
Never try to talk your way out of being arrested.
The officers may want you to sign a statement; however, you will not want to sign anything.
Drug possession charges in Kentucky are serious and you won’t want to face criminal charges for controlled substances alone.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
Dealing with legal matters related to family and criminal law can be overwhelming and emotionally challenging. Whether you are going through a divorce, child custody dispute, or facing criminal charges in the midst of a family law case, it is crucial to have the support and expertise of a qualified family criminal lawyer. In this article, we will discuss the reasons why hiring a family criminal lawyer is essential for navigating these complex legal situations. From their knowledge and experience in both family and criminal law to their ability to provide objective advice and representation, a family criminal lawyer can make a significant difference in the outcome of your case.
Understanding the Complexity of Family and Criminal Law
Family and criminal law cases involve intricate legal procedures and require a deep understanding of both areas of law. By hiring a family criminal lawyer who specializes in these fields, you benefit from their extensive knowledge and experience. They can guide you through the complexities of your case, ensuring that your rights are protected and that you make informed decisions every step of the way. With their expertise, they can assess your options, develop effective strategies, and provide you with the best possible legal representation.
Navigating Highly Contested Family Law Cases with Criminal Legal Matters
When family law cases become intertwined with criminal legal matters, the situation becomes even more complex. A family criminal lawyer has the skills and experience to handle these challenging cases. They understand the potential implications of criminal charges on your divorce, child custody, or other family law matters. Whether you are facing allegations of domestic violence or dealing with a spouse who has been charged with a crime, a family criminal lawyer can provide guidance on how to navigate these overlapping issues and protect your rights and interests.
Expertise in Child Custody and Support Cases
Child custody and support cases are often emotionally charged and highly contested. A family criminal lawyer who specializes in these areas can provide invaluable support and representation. They understand the factors influencing custody decisions and can help you develop a strong case strategy. Additionally, they can advocate for the best interests of your children, ensuring that their financial and emotional needs are met. Whether through negotiation, mediation, or court representation, a family criminal lawyer will work tirelessly to achieve a favorable outcome for you and your children.
Handling Proper Procedure and Paperwork
Legal cases, including those in family and criminal law, involve a significant amount of paperwork and strict procedural requirements. Filing documents accurately and within specified deadlines is crucial to the success of your case. A family criminal lawyer will take care of all the necessary paperwork, ensuring that it is completed correctly and submitted on time. This attention to detail can prevent unnecessary delays or potential dismissal of your case due to procedural errors. By entrusting your legal matters to a skilled lawyer, you can focus on other aspects of your life while knowing that your case is being handled with precision.
Objectivity and Advocacy
Emotions can run high during family and criminal law cases, making it challenging to make objective decisions. A family criminal lawyer serves as a neutral third party who can provide you with objective advice and support. They will analyze your situation, explain the legal implications, and guide you through the decision-making process. With their expertise, they can help you make informed choices that align with your best interests. Additionally, a family criminal lawyer will advocate for you, ensuring that your rights and concerns are effectively communicated and represented in negotiations, mediation, or court proceedings.
Access to a Network of Consultants and Experts
Family criminal lawyers often work with a network of consultants and experts who specialize in various areas related to family and criminal law. These professionals can provide valuable insights and support in complex cases. Whether you need the expertise of a forensic accountant, a child psychologist, or a domestic violence expert, a family criminal lawyer can connect you with the right professionals. This network of consultants can contribute to building a strong case and providing comprehensive legal representation tailored to your unique circumstances.
Experience in Family Court and Alternative Dispute Resolution
Navigating family court requires a deep understanding of the legal system and the dynamics of family law cases. A family criminal lawyer has the experience and knowledge to navigate the complexities of family court proceedings. They can skillfully represent your best interests, present compelling arguments, and handle the challenges that may arise during the litigation process. Moreover, an experienced family criminal lawyer understands the benefits of alternative dispute resolution methods such as mediation or collaborative family law. They can assess whether these approaches are suitable for your case and help you explore options for resolving your legal matters outside of the courtroom.
Cost Savings and Efficiency
Hiring a family criminal lawyer can actually save you money in the long run. By having one lawyer handle both your family and criminal law matters, you eliminate the need for separate legal representation. This streamlines the process and reduces potential duplication of efforts. Your lawyer can efficiently handle the preparation work, communicate with witnesses, and ensure that your case progresses smoothly. Additionally, a family criminal lawyer’s expertise and negotiation skills can help achieve favorable outcomes without the need for protracted litigation. This can save you both time and money, allowing you to move forward with your life more quickly.
When it comes to family and criminal law cases, hiring a family criminal lawyer is essential for navigating the complex legal terrain. Their expertise in both areas of law, combined with their objectivity, advocacy skills, and access to a network of consultants, can significantly impact the outcome of your case. From child custody disputes to handling proper procedure and paperwork, a family criminal lawyer provides invaluable support and guidance throughout the legal process. By entrusting your legal matters to a skilled and experienced professional, you can have confidence that your rights and interests are protected, allowing you to focus on rebuilding your life.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
Standard penalties for a Kentucky DUI include the following: First offense: Class B misdemeanor, 30 – 120 days license suspension; fine of $200 to $500, incarceration of 48 hours to 30 days. Second offense: Class B misdemeanor, 12 to 18 months license suspension; fine of $350 to $500; incarceration of 7 days to 6 months. Third DUI offense: Class A misdemeanor serves 30 days to 12 months in jail, pay a fine of $500 – $1,000, plus court costs; your license may be revoked from 24 to 36 months, and you may be required to attend DUI School for one year. Fourth DUI offense: A fourth DUI offense in Kentucky is a Class D felony and involves up to a $10,000 fine and jail time from one to five years. Driver’s license is suspended for 60 months with no hardship license. As you can see, a DUI is a serious offense and can carry severe penalties. Knowing what to expect when you are charged with drunk driving in Kentucky can help you remain calm and speak with knowledge if you are charged.
Avoid Aggravating Circumstances
The mandatory prison term doubles if one or more aggravating circumstances are present. You also may receive longer prison sentences and harsher penalties.
The list of aggravating circumstances in Kentucky:
Traveling 30 miles per hour or more above the posted speed limit
Driving in the wrong direction on a limited-access highway
Causing a car accident that results in serious physical injury or death
Having a blood alcohol concentration of .15 or higher within two hours of driving
Refusal to submit to a chemical BAC test
Having a child in the car under the age of 12 years
Just one of the above DUI aggravating circumstances is enough to enhance the penalties for a felony DUI charge.
Could Defense Strategies Be Available In Your Case?
A DUI defense attorney would need to investigate the facts and circumstances surrounding your arrest to determine what defense strategy would give you the best chance of avoiding a DUI conviction. Attorneys want to ensure that you are treated fairly. No matter what crime you are charged with, it is important to remember that you still have rights and that you are entitled to due process. This includes ensuring that the arresting officer adhered to all applicable rules and regulations during the arrest.
Potential defenses for a felony DUI charge:
Police officers cannot pull you over without reasonable suspicion of a crime. If a police officer did not have reasonable suspicion, the evidence gathered by the police may be inadmissible in court.
A false field sobriety test. Each test must be administered according to specific standards and requirements. If the police officer deviated from the standards, the prosecution might not be able to use the results of the sobriety test in court.
False readings for blood tests frequently occur based on various factors. Blood draws are considered more invasive than a breathalyzer test, and police must obtain a warrant or valid consent to take a blood sample. It may be possible to challenge the results of a blood test which can lead to a dismissal of your case or a not-guilty verdict. The most common reasons for a positive blood alcohol test include improper calibration of the equipment, administering the test too soon, blood alcohol rising, health conditions and medications, or contamination of the sample.
Seek legal advice as soon as possible after a DUI arrest. Depending on the facts of your case, your DUI charges could be dismissed or reduced. Working directly with the prosecutor may not be in your best interest. The prosecutor wants a conviction, and a good lawyer understands the tactics used by the prosecution to get a conviction. They also understand how to fight DUI charges.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
Will contests happen when a person takes legal action and disputes the validity of a will. There are several reasons wills are contested so it is important you understand the process and what to expect should you ever find yourself dealing with such a dispute.
Why Are Wills Contested?
Perhaps the most common reason a will is contested is that the testator, the one who wrote the will, was not in their right mind when they wrote it. There are several reasons that a person might not be in their sound mind, especially later in life. This can be due to dementia, mental illness, or even being under the influence.
Another reason someone contests a will is because they feel the testator was influenced by someone else. Testators are sometimes pressured by others to write their wills in a way that solely benefits that person and leaves everyone else with the bare minimum, if anything at all.
The will may also be contested if it is forged or fraudulent. There have been cases where people forge wills or write up fake ones in an effort to obtain a person’s estate.
What Should You Do If You Believe A Will Is Not Valid?
If you do not believe a will is valid, you will need to file a petition in a probate court. Wills are usually filed at a probate court after a person passes and it is where you will go should you need to contest one.
When filing a petition, you need to specify the reasons you are contesting the will. The most common grounds that wills are contested are listed above. Be sure that you provide valid evidence to back your claims. When your petition is filed, the probate court sets a hearing date. At the hearing, both sides will present their evidence before a judge as they argue their side. It is then the judge’s decision to decide whether or not the will is valid.
Will contests can drain you both emotionally and financially, especially if you are having to battle it out with family. However, contesting a will is sometimes the only way you are able to make sure everything was divided fairly and as the testator would have wanted. If you decide to contest a will, be sure to have a solid case. Take the time to prepare yourself for what is to come– it isn’t as easy as you might think it should be.
Grubbs & Landry Can Help You With Your Last Will and Testament
No one wants to think about death, but if you have a Last Will and Testament, it will protect your interests and those of the ones you hold dear. Upon your death, if you do not have a Last Will and Testament, the Commonwealth of Kentucky gets to decide who receives all your assets. There are also certain ways to hold assets whereby such assets would not need to go through the court system but pass directly to your chosen beneficiary. Other documents we can prepare in line with this planning phase is a Power of Attorney and Living Will.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
Most people are quick to think that only the wealthy have estates to leave to their loved ones when they pass, but that isn’t true. Everyone has an estate that is made of all of their assets. If you have a vast estate or just a few assets to leave behind, it is important that you take the time to learn the basics of estate planning. This is your first step in the process of giving your spouse, families, church, charities, or community a piece of your estate after your passing.
What Role Does A Probate Play In Estate Planning?
When people fail to properly do their estate planning, the courts are forced to carry out a process called probate. Probate is the legal process where the court will oversee how a deceased person’s estate is distributed.
The steps of a probate are as follows:
Identifying any debts and existing assets
Paying off those debts
Distributing the remainder of their assets
Will All Estates See Probate?
For most after-death distribution of assets that belong to estates, some level of probate will occur. While there are estates that do not see probate, the courts usually verify trusts, wills, and any other documents pertaining to estate planning. Courts can appoint a personal representative that will oversee the estate and distribute assets. Typically, estates will have their own appointed executor(s) named before the testator passes.
Probate Can Be Timely
Regardless of if the courts are in complete control of administering an estate or if they have very little involvement, probate can take a long time– some even take years. There are quite a few reasons that some probates take more time than others.
These include situations such as:
The testator did not choose a good executor
Beneficiaries are not agreeing or getting along
The estate includes several wills
The IRS requires the estate to file their federal estate tax returns
Beneficiaries do not live near each other
The estate includes unusual or rare assets that are difficult to distribute
There are many beneficiaries listed
The estate has assets in several states or other countries
It might seem that a probate can be unnecessarily long and drawn out, however, the courts only spend that amount of time to be absolutely sure that executors are distributing the assets as evenly and fairly as they possibly can. Want to avoid a long, drawn-out probate? Take the time to properly plan your estate. Your loved ones will thank you.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
Kentucky has a lenient time requirement for probate. According to the Kentucky Revised Statutes 395.010, it must be completed within 10 years after the person’s death. However, it is better to file soon after the person’s death and to complete the probate process as quickly as possible. A probate court is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. Since state death taxes are no longer treated as a credit for federal estate taxes, there is no Kentucky estate tax. Below is the process for settling an estate in Kentucky.
A Petition To Open Probate Must Be Filed With The Court
A hearing is held for the court to approve someone to act as executor. The executor has the job of notifying the heirs and creditors. They will need to publish a notification in a local newspaper. This is done with the county court clerk. If the decedent left a will, the original document must be filed with the petition.
Inventory Filing
The Kentucky probate process requires the executor file an inventory of the estate probate assets within 60 days after being appointed by the court. This often involves writing down every personal item that was listed in the decedent’s will or every item of significant value that was left behind in his or her residence. The idea is that 60 days should provide the executor time to complete an investigation of the assets to report in the inventory. Sometimes assets are not fully discovered during this 60-day period and the inventory is filed with the best available information. The inventory can be amended later with more complete information, if needed.
Settling The Estate
The executor must file an accounting of the estate’s receipts and disbursements. Then the money that is distributed, such as funeral and burial expenses, final medical bills, and debts must be recorded. After all the estate taxes and fees are paid, the remaining estate is distributed to the heirs. The executor then prepares and files a final settlement with the court.
Closing The Kentucky Probate Process
After all the administration tasks have been completed for an estate, the estate needs to be closed with the probate court, at which time the executor will be discharged and relieved from further responsibility in the estate matter. In Kentucky, estates can be closed by either an Informal Final Settlement process or a Formal Final Settlement process.
If you are an executor, probate can be a confusing process, so you are wise to start knowing every step of probate. If you’d like some guidance as you go through the process, a probate lawyer can help. A probate lawyer is a state-licensed attorney with experiencing helping executors settle an estate.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
Social Security Disability Insurance is a payroll tax-funded federal insurance program of the United States government. It is managed by the Social Security Administration and designed to provide monthly benefits to people who have a medically determinable disability that restricts their ability to be employed. If you have been in an accident or became ill, and were unable to maintain your employment in Kentucky, one of the first steps you may have taken was to apply for SSD. Those benefits continue as long as you are incapable of doing your job.
When Can I Go Back To Work And Still Collect SSD?
When you inform the SSA that you want to attempt to go back to work, you will be assigned a trial period. You will be able to work as many as nine months while still retaining your eligibility for Social Security disability benefits. The amount of your benefits paid will be adjusted based on the amount you earn. Many people who receive Social Security disability benefits are afraid to attempt returning to work for fear of the effect it can have on their SSDI, SSI, Medicare, and other benefits. Anyone who has been through the approval process for Social Security disability knows how long it can take. It’s understandable that Social Security disability recipients are hesitant to go through that process again. If you feel well enough to go back to work you should inform the Social Security Administration immediately. Based on the information you provide, your case may be screened again to determine whether or not your disability will continue.
If I Go Back To Work And My Health Worsens, What Happens?
You must stay in regular touch with the SSA while you are in your trial period. You will want to take note of any difficulties your disability causes you in returning to work. Make sure that these are a matter of record. The SSA promoted trial work programs because they allow disabled persons who might be hesitant to try going back to work to go ahead and take steps towards working again without fear of losing their benefits, if they find they are still unable to perform meaningful work. The most important thing to do during the whole process of returning to work is to keep the SSA informed of what you are doing. If you return to work without informing the SSA of your intentions and continue to draw Social Security disability benefits, you can face stiff penalties and consequences. In some cases, those who have returned to work without informing the SSA have been found guilty of fraud and sentenced to prison time. In most cases, if you return to work but are later unable to continue working due to the same disability, you won’t need to re-qualify for disability benefits. You will simply be placed back on SSDI, SSI, or whatever disability programs you previously qualified for.
Grubbs and Landry Can Help You With Social Security & Disability
The Social Security Disability Act allows monetary support to those who are unable to maintain substantial “gainful employment” due to mental and/or physical disabilities prior to retirement age. For those who have had a strong work history up until their illness rendered them unable to work, they may qualify for Social Security Disability Insurance Benefits. This is a monthly payment based on your past income and varies from person to person. > Learn More
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
Having an ex-spouse who is supposed to pay child support, but doesn’t may make it impossible to provide for your children. These cases are treated with high priority in Family Court and the response time will be based on how quick you bring the issue to court. Delinquent parents can be penalized in many different ways depending on how much is owed. The court will decide based on each individual circumstance.
Penalties Your Co-Parent May Endure For Failure To Pay Child Support…
Garnishing wages is a common tool used by the court to get the funds which are owed and then they are given directly to you.
Withholding of any tax refunds that the co-parent may be expecting. The state may intercept and give to you.
Revoking of driver’s license and non-renewal of passport is also a way a delinquent parent could be punished for not paying child support.
In some cases, a custodial parent may hold the delinquent parent in contempt and they could face a fine or jail time.
Some Circumstances May Require The U.S. Office Of The Inspector General To Intervene
If the delinquent parent lives in another state and at least one of the following also applies:
There hasn’t been a payment in over 12 months to the custodial parent.
If the delinquent parent owes more than $5000.00.
If the delinquent parent deliberately traveled to another state or country to avoid his child support obligations.
Grubbs & Landry Can Help With Your Child Support Case
Child Support is determined by the guideline table outlined in the Kentucky Revised Statutes and is calculated based on the income of the parties and if a shared parenting arrangement is ordered, then the support may be adjusted to reflect it accordingly. Parties usually divide expenses such as medical bills, extracurricular expenses, and school fees based on their proportion of income. The court wants to limit the negative impact on the children as much as possible and wants the lifestyle which they have grown accustomed to remain the same. > Learn More
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
As the trucker’s employer, the trucking company (also known as a carrier) may bear legal responsibility for the truck drivers’ actions, as well as for the safety of the trucks it owns. A car in a wreck with a commercial truck can be devastating for those in the car. If you are fortunate enough to survive you may deal with severe injuries that could require long-term care. The long-term care can be very expensive. The legal action against the truck driver may not provide victims and their families with enough compensation to cover the expenses. In many cases, the company that owns the truck bears some responsibility and liability for the accident. These trucking companies must comply with state and federal laws to keep everyone on the road safe. If they violate these laws, then they can be held liable. A few of these laws are listed below.
What Is A Commercial Driver’s License (CDL)?
A commercial driver’s license (CDL) is a driver’s license that is required to operate large, heavy, or placarded hazardous material vehicles in the United States in commerce. There are several different types of commercial motor vehicles (CMVs) that require a driver to hold a valid commercial driver’s license. Drivers need to have the appropriate license to operate the truck they’re driving.
Quality Management Focused On Maintenance And Repair
FMCSA (Federal Motor Carrier Safety Administration) is the lead federal government agency responsible for regulating and providing safety oversight of commercial motor vehicles (CMVs), including more than 500,000 commercial trucking companies, more than 4,000 interstate bus companies, and more than four million commercial driver’s license (CDL) holders. Companies need to abide by the laws. If a commercial truck has not undergone regular maintenance and check-ups or does not have the proper safety equipment and causes a crash, the company that owns the truck is held liable.
Why Must Trucks Have Weight Restrictions?
There are a few reasons that trucks have weight limitations on roads and need to be properly weighed. The main reason is safety. The maximum tandem axle weight is the weight allowed on any tandem axle. Most weigh stations force drivers to “shut down” their operation if a truck weighs more than 6,000 pounds over maximum gross weight. The maximum weight of the cargo on a truck is based on its size. A truck that is over its weight limit or not weighted as required can be a liability for the truck owner.
In nearly all truck accidents resulting in injury or significant material damage, it is worth getting a lawyer to help with your accident claim. This is especially true if your car accident resulted in serious and/or debilitating bodily injury. Keep in mind that hiring a lawyer does not mean going to court. A good lawyer will make it easy for you to understand what they will do to help you with your case.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
