The foregoing scenario is not unheard of and not even uncommon. Thousands of Americans are arrested and booked into jail for charges of crimes they never committed. It's a scary experience and one you should hope never to go through personally.
In the meantime, read the last post again and take a look at the way you've thought of people when you see them getting arrested or how you think of the guys you see in handcuffs along the side of the highway on your commute home from work.
Not exactly fair anymore when you think about it that way, is it? The first question that goes through your mind is probably, "what is going on?", but once the initial confusion passes, your next question should be, "what am I going to do".
Don't do what so many people do, and start talking to the people at the police station, or prison. Don't be fooled into thinking this is something you can handle on your own. If the situation is serious enough to warrant arresting you and bringing you to the station or jail, it is serious enough to get a lawyer.
That is why everyone should know at least one lawyer they can call on when needed.
Wednesday, November 12, 2008
If it happened to you...
Imagine this scenario:
You are sitting at home enjoying dinner with your family when a knock comes on the door. No, it's not two missionaries preaching the gospel of love... It's two detectives from the local police department preaching a gospel of warrants and arrest. They show you a warrant, ask you to turn around. As they tighten the handcuffs on your wrists, you hear them deliver the Miranda warnings in a relaxed monotone and naming some crime they think you committed. The only thing is, you have no idea what they are talking about...
You are now looking back into the house as the cuffs are tightened and you see your wife standing in the doorway of the kitchen asking, "what's going on?..." the look on here face is terrified. Your kids are huddling into the doorway to see what the commotion is, looking up at you with questioning eyes. You never wanted them to see you like this.
Now, you are led down the stairs and across your front yard. Neighbors are coming out of their houses to see what all the comotion is. Yes, there's a squad car parked in front of your house with lights flashing, reflecting up and down your quiet suburban street. Your boss, who lives down the street from you, is standing on his porch, watching the whole thing. Your Priest, who also lives on the street and presides over the church where you volunteer on the weekends also watches. Everyone you know sees your shame and humiliation.
You are sitting at home enjoying dinner with your family when a knock comes on the door. No, it's not two missionaries preaching the gospel of love... It's two detectives from the local police department preaching a gospel of warrants and arrest. They show you a warrant, ask you to turn around. As they tighten the handcuffs on your wrists, you hear them deliver the Miranda warnings in a relaxed monotone and naming some crime they think you committed. The only thing is, you have no idea what they are talking about...
You are now looking back into the house as the cuffs are tightened and you see your wife standing in the doorway of the kitchen asking, "what's going on?..." the look on here face is terrified. Your kids are huddling into the doorway to see what the commotion is, looking up at you with questioning eyes. You never wanted them to see you like this.
Now, you are led down the stairs and across your front yard. Neighbors are coming out of their houses to see what all the comotion is. Yes, there's a squad car parked in front of your house with lights flashing, reflecting up and down your quiet suburban street. Your boss, who lives down the street from you, is standing on his porch, watching the whole thing. Your Priest, who also lives on the street and presides over the church where you volunteer on the weekends also watches. Everyone you know sees your shame and humiliation.
The worst of it all... you haven't done anything.
Tuesday, November 11, 2008
When Collection Companies go Bad; or The Truth about Creditors
About two weeks ago a young man came into my office. He was in his late twenties, dressed casually in jeans and t-shirt. His hands were rough with callouses and the nails were dirty and packed with grime. He was a plumber, and spends most of his time on his on his hands and knees cleaning up other people's worst messes. So immediately I know this is a salt of the Earth kinda guy. Not only that, when he sits down he hands me a folder. In it are a set of documents from the United States Army. This guy was a Disabled Combat Veteran of Operation Iraqi Freedom. That's where he'd learned the trade of plumbing.
He told me his problems and immediately I was angry. While he was on active duty with the Army, stationed in Alabama, preparing to be deployed to Iraq; somebody with the same first and last name was in Clearfield, Utah signing a lease they never intended to pay. This wasn't a case of identity theft. It was just one of those unfortunate coincidences. During his tour in Iraq my client was injured and honorably discharged because of his injury. He came home, met a girl, had some kids and continued his life as a plumber in the private sector.
That's when the chickens hatched by someone else came home to roost in his barn. It just happens that my client is from Roy, Utah. That's only a few miles up the road from Clearfield, Utah, where this lease was signed by the other man with my client's name. Well, the other man had skipped out on his lease. The landlord had given up pursuing the debt and had handed it off to a collection agency in Salt Lake City.
While the true debtor on the lease had skipped town, the collection agency pursued the first man they found with the same first and last name: my client. Knowing he was in the right, my client refused to pay the debt. He erroneously believed the truth would come to light on its own and he would be vindicated of this false debt.
He was wrong. When he refused, after countless calls and letters, to pay the debt, the collection agency hired a lawyer and filed suit. Now this is where it gets scary. Most people believe the courts will help you sort these things out. The truth is, my client didn't have a chance. With no attorney and no knowledge of the legal system in our country, the collection agency and their attorney won a default judgment in their favor. My client had lost... and now he had a judgment in his name for the amount owed by this other guy with the same name.
You ask me how I know my client is telling the truth? Because I have his service record from the U.S. Army. That record tells me exactly where he was the day the lease was signed by the other man with the same name. My client was in Alabama that day and shortly thereafter he was in Iraq, serving our country.
Why is this all so scary? Because the collection agency and its attorney just found the first person whose name matched the name on the lease (a la the Terminator methodically going down the list of John Connors in the phonebook and executing each one in order to get the right one). This could happen to you. It may already have happened to you.
How could my client have avoided this? He should have called me first thing last year when he was contacted by this collection agency. The Fair Debt Collections Act allows you to challenge any collection and debt. By doing this, the collection agency or creditor has thrity days to provide you with written proof that you owe the debt.
This would have been an easy case to win had my client had me working for him last year during the original suit. Now we are going through the difficulties of a motion to set aside his judgment. Hopefully, the judge will have some mercy on this national hero.
He told me his problems and immediately I was angry. While he was on active duty with the Army, stationed in Alabama, preparing to be deployed to Iraq; somebody with the same first and last name was in Clearfield, Utah signing a lease they never intended to pay. This wasn't a case of identity theft. It was just one of those unfortunate coincidences. During his tour in Iraq my client was injured and honorably discharged because of his injury. He came home, met a girl, had some kids and continued his life as a plumber in the private sector.
That's when the chickens hatched by someone else came home to roost in his barn. It just happens that my client is from Roy, Utah. That's only a few miles up the road from Clearfield, Utah, where this lease was signed by the other man with my client's name. Well, the other man had skipped out on his lease. The landlord had given up pursuing the debt and had handed it off to a collection agency in Salt Lake City.
While the true debtor on the lease had skipped town, the collection agency pursued the first man they found with the same first and last name: my client. Knowing he was in the right, my client refused to pay the debt. He erroneously believed the truth would come to light on its own and he would be vindicated of this false debt.
He was wrong. When he refused, after countless calls and letters, to pay the debt, the collection agency hired a lawyer and filed suit. Now this is where it gets scary. Most people believe the courts will help you sort these things out. The truth is, my client didn't have a chance. With no attorney and no knowledge of the legal system in our country, the collection agency and their attorney won a default judgment in their favor. My client had lost... and now he had a judgment in his name for the amount owed by this other guy with the same name.
You ask me how I know my client is telling the truth? Because I have his service record from the U.S. Army. That record tells me exactly where he was the day the lease was signed by the other man with the same name. My client was in Alabama that day and shortly thereafter he was in Iraq, serving our country.
Why is this all so scary? Because the collection agency and its attorney just found the first person whose name matched the name on the lease (a la the Terminator methodically going down the list of John Connors in the phonebook and executing each one in order to get the right one). This could happen to you. It may already have happened to you.
How could my client have avoided this? He should have called me first thing last year when he was contacted by this collection agency. The Fair Debt Collections Act allows you to challenge any collection and debt. By doing this, the collection agency or creditor has thrity days to provide you with written proof that you owe the debt.
This would have been an easy case to win had my client had me working for him last year during the original suit. Now we are going through the difficulties of a motion to set aside his judgment. Hopefully, the judge will have some mercy on this national hero.
Monday, November 10, 2008
Don't just pay your ticket. Ever.
No matter how guilty you may think you are, a trip to the courthouse can usually garner you a lower charge at the very least and even a dismissal in some cases.
Prosecutors are usually eager to lighten their caseload in court and this is a good thing for you. This means you can negotiate a plea deal wherein you get a lesser charge in exchange for your guilty plea. (i.e. DUI lowered to reckless driving or a speeding ticket for 20 over lowered to 10 over.) It's not as hard as it sounds. Here's what you do:
Go to your arraignment and plead not guilty.
Prosecutors are usually eager to lighten their caseload in court and this is a good thing for you. This means you can negotiate a plea deal wherein you get a lesser charge in exchange for your guilty plea. (i.e. DUI lowered to reckless driving or a speeding ticket for 20 over lowered to 10 over.) It's not as hard as it sounds. Here's what you do:
Go to your arraignment and plead not guilty.
- Ask the judge for a pre-trial hearing.
- At the pre-trial hearing you can talk to a prosecutor.
- Ask the prosecutor for a deal.
- If it's a good deal, go for it!
Really, these guys have hundreds of cases a week to handle and they want to get out of there as fast as you do. If they can dismiss your case, they will. otherwise, the'll almost always downgrade the charge in order to get you to enter a guilty plea.
Thursday, September 18, 2008
New Web Site
Ok, I built it myself, but it should get better with time. Check out:
nicholsfirm.com
I promise to get a real graphic design firm to work on some cool flash and better logo and graphics eventually. For now, I hope my own attempts at web design don't put off too many people!
nicholsfirm.com
I promise to get a real graphic design firm to work on some cool flash and better logo and graphics eventually. For now, I hope my own attempts at web design don't put off too many people!
Starting out!
Hey everyone. I passed the Bar exam and am now practicing law full time. If you or anyone you know needs an attorney, please feel free to contact me.
Also, feel free to write with quick questions about anything law related. In addition to this, I have created a myspace profile, a facebook profile and built a website for the firm. Let me know what you think. All feedback, positive and negative... and neutral I guess, is welcome.
One more thing. I'll be writing weekly postings on various legal issues, legal questions, and do-it-yourselfers. So if you have any question syou'd like to see answered, write me and let me know what you want me to write about.
Also, feel free to write with quick questions about anything law related. In addition to this, I have created a myspace profile, a facebook profile and built a website for the firm. Let me know what you think. All feedback, positive and negative... and neutral I guess, is welcome.
One more thing. I'll be writing weekly postings on various legal issues, legal questions, and do-it-yourselfers. So if you have any question syou'd like to see answered, write me and let me know what you want me to write about.
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