"Money rotates the world" is a word we know well. Credit cards, charity organizations, child aid, housing loans, student loans, business loans, etc. ... Currently there are 19 trillion debts, the US and its citizens are buried in financial problems. However, most of these agreed obligations are common and can usually be relaxed through settlements and negotiations. However, this article will focus on basic laws and criminal cases.
When we hear the word "reconciliation", the image of money quickly grows in our heart. The majority of the reconciliation we are listening in the media is a large size of $ 50,000 to several million dollars, often involving celebrities and powerful businessmen. Many people say, "If the parties know that they are innocent, why would they agree to settle the case?
People solve the incident for all reasons:
1. Save attorney fees
2. Avoid general attention
3. Reduce stress / time in the courtroom
4. Reduce the risk of severe sanctions from the possibility of losing during trial and error.
An advocate often judges a criminal action in a "plea" trial. For the same reasons that the defense corps agree to settle in a civil proceeding, (subject to charges of charges in exchange for mild punishment).
No one likes being in the court! It is costly, time consuming, stressful and may be a bit scary. Regardless of whether you are facing credit card debt or criminal proceedings, they are detained, put in jail, spent time away from work and family, the presence of armed security guards, especially the time spent in the court For some people, there is something a little scary. (Usually you will be most people unless you are a law expert, police officer, habitual criminal.)
When we decide to settle the case, we need to measure the weight of that choice. It is not certain whether the defenders and plaintiffs believe it for the same reason. He is likely to settle if he decides that the defense team has a weak defense capability, or if he is exhausted from the trial procedure. If the plaintiff judges that he is weakly debated or that he is tired of the judicial proceedings, the time is money and I do not want people to waste!
Essentially, the settlement occurs when people reach a conclusion after evaluating "cost benefit analysis" in their minds. In case of hypothetical discrimination, let's look at the perspective of the accused and the painting of view.
John sues Corporation - Z for racial discrimination. John has several witnesses who agreed to testify. Corporation - Z knows that these witnesses are participating. Corporate - Z believes that John has a good opportunity to beat them in court. Corp - Z is offering John $ 10,000 to settle the lawsuit in the court. If John tried to win a judgment in the court he would probably raise a lawsuit seeking more damages but if John took the offer then the lawyer's expenses and several months (possibly years)
Although Corp - Z is in a disadvantageous position, they are provided with sufficient funds and will be able to drag that case for a long time. John is a simple 9 to 5 employees with little resources. But John has strong proof that he does not try to settle for $ 10,000. He refused the offer and decided to see it to the end. Corp - Z offers another amount of $ 15,000, but John still refuses.
Corp-Z submits some continuation to drag out the case. John is tired.
John then knows that some of his important witnesses have decided not to testify. John is worried right now. Corp - Z did not yet know that the witnesses had retreated. The date of the next court is six weeks. John must act fast! Because of these new circumstances, chances of winning his case are much lower.
At this point, John has several options.
I will contact the defendant and accept a $ 15,000 settlement application.
Please send the last counter offer to the defendant for more amount before agreeing to the settlement.
I will reconstruct his case, look for new evidence, trial the case, get a potentially big victory or end without doing anything if I lose.
Option 1 is the most secure - defenders and plaintiffs can offer or cancel a payment offer at any time. In this scenario, the defensive Corp - Z is likely to be resolved unless new evidence is obtained.
Option 2 is a bit dangerous. In this situation, John learned that the witnesses refuse the testimony. Corp - Z has not been found yet, but if you find it, there is a high chance of defeating the case, so it is highly likely to withdraw the settlement. John can try the previous negotiations to gain more money from defense, but it takes time to organize the details and John is out of court day. The closer the date of the trial is, the more likely it is to defend against knowing the backfire of the witness.
Option 3 is very dangerous. If the case goes to a jury trial and John has evidence other than the witness's testimony, the jury can see it on his way. If the witness is his important evidence, he is at high risk of losing. This option should be considered very carefully. If John won the case slew, he will probably receive a huge reward, if he loses the case he will lose everything or it may be counterclaimed by Corporate-Z .
Factors to consider:
Is John poor? How bad is he? If he loses the case, is he still financially sound? Is he looking for justice or reward? What is his goal in this case? Is he preparing to remain in the court mentally emotionally for several months? These are the questions that you have to ask yourself before deciding how John will progress.
From the point of view of the accused:
Corporation - Z is a business and has a business to execute. Handling these legal matters is a huge cost and burden for operation. Negative publicity may also hurt your business intensively. Even if CORPORATION - Z discovers that plaintiff, John lost important testimony, it may still be beneficial for Corporate - Z to settle. Generally, in the event of a settlement, it is necessary to sign a nonpublic agreement that claims to the company can not be discussed publicly. In the event that Corp - Z refuses to settle John and defeat John, John will continue to have the right to discuss courts and its arguments to public organizations and later attempt to sue John for alleged defamation later Maybe.
Under these circumstances, if Corp-Z finds John lost his testimony, Corp-Z will use the same amount or less than previously provided (Z has negotiation power Because it is) you can agree to settlement. Retract all offers and try to win trial.
Lawyers are famous for the slogan "always settlement, settlement, settlement".
Corporate - Z will be a good opportunity to defeat John, but Corporate - Z is known totally unknown if John has any other additional evidence yet. Victory is not necessarily guaranteed. In the trial, like the boxing match, the ability to appear strong, but weak, and strong ability when the ability is weak is very important in the negotiation process to solve the case.
Timing:
Losing a case to be tried can lead to disastrous consequences.
Income garnish
Loss of employment as a result decorated by multiple organizations
Loss of public reputation
Property location
Injunction against myself or your business is being issued
Location of your property
Exempted tax refund
Negative credit score
(This is just a few examples)
Some people may want bankruptcy filings from Chapter 7 or 13 in terms of debt relief but we do not recommend doing so unless your liability exceeds $ 10,000. Save that discussion in a separate article.
Timing is very important to succeed in mitigating civil or criminal cases. Let's say your credit card company has an obligation of $ 10,000. Normally, if you default the loan for more than 90 days, the credit card company will be more likely to sell the debt to a collector of a third party. From a few months to a year, you may be sent a warrant stating that you are in lawsuit with the amount by the third party debt relief company that purchased the debt for the penny in dollars.
Once the lawsuit is brought, creditors now have good skills. As you are essentially ignoring all attempts to gather, you are avoiding debt and are considered to have no way to repay it. The second decision was to ask the suffering program before struggling, or trying to settle the debt with a partial amount before making a lawsuit. (Always get everything). However, as things escalated to a court hearing, creditors probably seem to think that they have a big chance of winning the case.
When most people take debts, they put their heads in the sand and do nothing. If you are sued for credit card debt, your goal is to reestablish your bargaining power! Even if you owe you the debt, let me prove it! Submit answers to litigation, submit discovery request and seek continuation. (I can help with these by providing a template you follow.) Creditors are not likely to appear in the court, 99% of people who accept the default jurisdiction are likely to settle the debt at a rate of a fraction of what they are suing for you Let's see.
While you are fighting the lawsuit, your intentions will act quickly if there is a lack of evidence, lack of itemization, or your goal is to be dismissed by clearing out the debt with a lesser amount I have to! If you are going to settle the debt, make sure that number is attractive but not too high. If you owe $ 10,000, please provide 30% as they are more likely to revert back for 50%.
If the creditor is not trying to resolve, or if you lose the case, please register in the "Slow Pay" program. That is correct! If you lose the lawsuit you can register for the "slow payment" program. In the program, you can only pay about $ 20 per month to the debtor. (Even for quite a while!). You can pay by check or money order via the slow pay process. In order for plaintiff (or trusted) to advertise your wage, you must receive an order of seizure approved by the court. If you miss a single payment with the slow pay program, you will automatically issue a decorating order in some jurisdictions because of the lack of ability to keep promises to pay.
Federal law prevents workers being dismissed if workers are decorated by a single organization. However, if two or more entities seized the customer, by federal law the employer will dismiss you for the administrative burden imposed on the company you work with the instructions you punished can do.
Whatever lawsuits are, whether they are criminals or citizens, we must take it seriously. Even the Traffic Court may cost you! Ignoring the traffic ticket, do not be surprised if it turns out that your driver's license was canceled later! It takes time to restore a canceled license and it can take hundreds or thousands depending on the license placed on the license.
In many criminal cases, the district lawyer will provide "petition". This "contract" is basically about agreeing to admit the crime in exchange for a light punishment. Puri trading can bring benefits to both parties. The local attorney fills his belief quota, receives a lighter ruling than if the case was lost, and the court process speeds up.
Returning to the lesson we learned earlier, it is the art in itself, like accepting payment, "to accept strongly when strong, strong if weak", accepting pleas.
Example:
John is accused of stealing a car. John insists that he is innocent.
John 's witnesses did not attend the court.
The state will submit a petition to him. Admitted guilt, you are only in the prison for 6 months.
John refuses! The trial continues
The state is struggling to present evidence against John.
The state is presenting a new petition plan.
"1 month imprisonment with probationary observation for 6 months"
John denies the jury again and requests it.
The jury listens to John's defense and the state's assertion against him.
The jury judges that John is guilty! John is sent to prison for three years.
John should have taken up the case!
Well, this is a bad case! Many factors influence, as in the case of previous "Corporate-Z" case suits.
Let's play the scenario. This time there are some alibis and video surveillance of stolen cars that could be found on the internet. The video is low quality, but the suspect seems to be redheaded, but John has brown hair!
John challenges state claims. The state claims that John Mary dyes his hair brown and his alibi is lying about where he was in the car jack he claimed.
John is confident in defense and refuses all plea.
The jury finds that John is innocent!
If John had pleaded, he would ruin his record and have done the time for a crime never committed! But the jury may have denied him yet. No matter how confident you are in your affair, do not be afraid to always prepare for unexpected things and buy more time if you need it.
When refusing to submit a petition or taking a case, it is the same as arguing whether to make a settlement. Many innocent men and women are pleading for crimes that have not committed advice from lawyers who advised their customers that the evidence is too strong for them. Despite the fact that they maintain innocence.
Regardless of the outcome, some defenders are determined to never make a petition, while other defenders strive to maintain themselves and make informed decisions, Under the law, there is no choice of "black or white" or "wrong or wrong". Everything is the weight of risks and rewards. Every situation is completely different.
Who is the judge who chairs this case? Who is the jury? In what state is this state held? What do the state laws say? Are you a liberal state or a conservative state? Does your lawyer have good reputation or bad reputation? Are you handling this case? Do you have any experience with legal issues?
These are all questions that will greatly affect the outcome of the case. Or, what I call "intangible elements". In your mind, you may know that you are innocent, or you may feel that your affair is valid, but not always about what you feel, but the court Applicability of persuasive law to.
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