Tuesday, March 24, 2015

Suspended Driver License Lawyer In Philadelphia 215-437-3058

Suspended Driver License Lawyer In Philadelphia 215-437-3058


There is a multitude of reasons why a Pennsylvania driver’s license can get suspended. The process to getting yourself restored can be very technical and very taxing. A suspended driver license lawyer in Philadelphia  can help. Whether it be a result of unpaid tickets or due to inadvertently pleading guilty to a violation that carries a suspension, a suspended driver license lawyer has the knowledge and the tools to help you get back on the road. At the Law Offices of Greg Prosmushkin, our highly trained traffic lawyers are here to help you fight your suspensions and get your license back in your hands. 

Wednesday, December 17, 2014

Why Would I Want a Living Will?


Why Would I Want a Living Will?

Do you have strong feelings or beliefs regarding potential life sustaining or ending treatment options?  A living will allows you to assert in no uncertain terms what treatment options you desire, in case there ever comes a time where you are unable to communicate such yourself due to disease or permanent unconsciousness. Save your family from having to make these decisions for you and hire an attorney to prepare a living will – or durable power of attorney – on your behalf.
Unfortunately, there may come a time in your life where you are unable to communicate you desires regarding medical treatment options.  A living will is a document that expresses your desires on your behalf. 
Initially, living wills were used as instruments to ensure a “natural death” for individuals who did not desire to be kept alive by artificial means.  In the years since, though, it has become an instrument by which an individual can do the opposite and request that all life saving measures be taken to preserve their life in the instance they are unable to communicate this themselves.
A Living Will Alternative
A durable power of attorney can, to an extent, serve as an alternative to a living will.  This document gives an attorney-in-fact the legal power to make health decisions on behalf of one who cannot makes those decisions for themselves.  The important difference between these two instruments is that a durable power of attorney allows the attorney the option to choose between following their instructions and exercising their own judgment.
For a Living Will to Be Effective…
An individual must be deemed by their doctor and a conferring physician to be either terminally ill or permanently unconscious.  A durable power of attorney does not require such extreme incapacitation, rather only that the individual granting the power be unable to make their own health care decisions.
Additionally, the directive must follow the rules of the state of residence of the individual.  See 26:2H-53 to 93 for New Jersey requirements and Title 20, Chapter 54, section 5441 to 5447 for Pennsylvania requirements. 
Why do I Need an Attorney?
This is an important decision and one you want to make sure conforms with the relevant laws of your state.  An attorney can help to ensure that your wishes are followed and that your family is saved the heartache of trying to anticipate your wishes.  Protect them and yourself and hire an attorney to prepare a living will on your behalf.
 
 
 

Tuesday, May 27, 2014

Leaving the Scene of an Accident

Leaving the Scene of an Accident

A motor vehicle accident is a difficult experience.  You may panic and become either nervous or frightened.  These natural reactions may lead you to make a poor decision.  If you left the scene of an accident, though understandable, you may be exposed to potentially serious consequences.
In Pennsylvania, leaving the scene of an accident is a criminal traffic violation that carries penalties that include:  prison time, costly fines and the suspension of your driver’s license.  You will need to hire an intelligent attorney to aggressively protect your rights.
Why Were You Ticketed for Leaving the Scene of an Accident?
In Pennsylvania, if you were the driver in an accident where there was damage to another vehicle or to property, then you must:
-          Stop you vehicle at the scene or as close to the scene as safely possible.
-          Provide the other driver or damaged property owner with your name, address, vehicle registration number, driver’s license, and proof of insurance
If you fail to do so and leave the scene of the accident, then you face a misdemeanor of the third degree.  If found guilty, you will be subject to up to one year prison time, expensive fines, and suspension of your driver’s license. 
In Pennsylvania, if you were the driver in an accident where another person involved in the accident was either injured or died, then you must:


-          Provide reasonable assistance to any person injured in the accident

-          Attempt to make arrangements for an injured party to get to a doctor or hospital.  This responsibility is triggered by either (1) obvious injury to the individual, or (2) by request of the injured person.
-          Call police immediately if no person involved in the accident is otherwise capable of doing so
If the driver of a vehicle is incapable of meeting these responsibilities, then the burden falls to the passengers to do so.

If you leave the scene of an accident and do not provide the assistance listed above then, depending on the circumstances, you can be can be charged with either a misdemeanor of the first degree or a felony of the third degree.  If found guilty, you may face years in prison, expensive fines, and suspension of your driver’s license.

In Pennsylvania, if you were the driver in an accident where you struck either an unattended vehicle or personal property, then you must:
-          Try to locate the owner of the property, and if unsuccessful…
-          Must leave a note providing your information near or attached to the property
-          Must contact the police to file an accident report
Failing to do so may result in a variety of penalties depending upon the circumstances.

Solutions if You are the Victim of a “Hit and Run”
Leaving the scene of an accident (aka Hit and Run) is a crime.  If you are in an accident and the other driver leaves the scene, then you may be entitled to relief:
-          Damages for medical bills
-          Property damage restitution
-          Lost wages restitution
-          Assigned Claims Plan:  this program provides up to $5,000 in medical coverage and $10,000 for property damage costs to the victims of a person leaving the scene of an accident where that individual is never identified.
Why Do I Need an Attorney?
If you are charged with leaving the scene of an accident, then you will need an attorney:
-          To raise all possible defenses and question the validity of the charge.
-          Help to minimize consequences through negotiation.
If you are the victim of another driver’s leaving the scene of an accident, then you will need an attorney:
-          To help you use any techniques available (police, investigator, etc) to locate the offender.
-          To help you recover meds, property damages, lost wages, etc from the offender.
-          To help you pursue coverage under the Assigned Claims Plan, if applicable.

Whether the offender or victim, you will need an attorney to help you in a leaving the scene of an accident case.

Friday, May 16, 2014

Filing Bankruptcy Advantages and Disadvantages

Filing Bankruptcy Advantages and Disadvantages

The Benefits of Bankruptcy
One of the benefits of both Chapter 7 Bankruptcy and Chapter 13 Bankruptcy is the automatic stay from all collection activities during the bankruptcy process. The automatic stay will stop creditor harassment and prevent creditors from garnishing your wages, filing and foreclosing on liens, and seizing collateral or property such as your home and car.
If you file Chapter 7 Bankruptcy, many of your debts will be discharged or eliminated. Examples of dischargeable debt include medical bills, credit card debt and unsecured loans. Some debts are non-dischargeable, which means they stay with you even after the bankruptcy.  Examples include student loans, recent tax arrears, domestic support obligations, wrongful death or injury judgments, and criminal penalties like fines or restitution orders. 
To qualify for Chapter 7, your income must be below the median for a household of your size in Pennsylvania or New Jersey.  Our attorneys will perform a thorough analysis of your assets.  In most cases, we are able to protect most or all assets.  We will make clear to you what we are able to protect, and what we are not able to protect.  Know your options before you file. 
Chapter 13 bankruptcy reorganizes your debts into a repayment plan of either three or five years. The monthly payments on your loans will be lowered, so you will be able to continue making payments. If you are hoping to keep more of your assets, such as your house, Chapter 13 Bankruptcy is usually a good choice.  Chapter 13 cases can be significantly more complicated than Chapter 7.  The payment plan is for five years, and many things happen in five years.  You may change jobs, lose or gain income, or your family size may change.  That is why you need an attorney who is there for you for the entire time.  Don’t settle for a lawyer who takes the money upfront and doesn’t return your calls after that.

The Disadvantages of Filing for Bankruptcy


Bankruptcy should always be a last resort.  There are instances when bankruptcy may have disadvantages.  If individuals have not defaulted on their debts yet, they may still have a good credit rating.  Filing for bankruptcy may have a significantly negative impact of the creditworthiness of those individuals.  Chapter 7 filings stay on your credit report for up to ten years, and Chapter 13 filings for up to seven years.  After filing for bankruptcy, individuals may have trouble getting credit.  Credit card companies may not issue you a card.  You may not qualify for a car loan or mortgage for the first few years. 
If you have cosigners for any of your loans, upon filing for bankruptcy, the credit worthiness of those cosigners may be affected.  Even though they did not file for bankruptcy, the loans they cosigned that you listed on your petition may appear listed as subject to bankruptcy on their credit report.  That is why filing for bankruptcy should not be a decision made lightly.  You must consult with a qualified bankruptcy attorney who can assess your particular case and advise you of the consequences. 
We also have credit repair specialists on standby who can minimize these negative consequences and help you with your fresh start.  Post-bankruptcy credit management is critical to getting you back on your feet.  If you make the right moves, you can be back to a good credit score in a few years, not a few decades.  To make an appointment with our Trenton, New Jersey, Chapter 13 bankruptcy attorneys, please call one of our offices or contact us online. Your consultation is free.

Thursday, April 24, 2014

Bankruptcy Lawyer Northeast Philadelphia

Bankruptcy Lawyer Northeast Philadelphia

Filing for Bankruptcy is a last resort.  No one sets out in life to file for Bankruptcy.  However, filing for Bankruptcy is sometimes the best path forward to restore your credit and get a fresh start.  If you are faced with garnishments, threats of repossession, a Foreclosure or a Sheriff’s sale, those are indications that you may benefit from speaking to a Bankruptcy Lawyer.  When deciding to file for Bankruptcy, individuals should ask themselves a simple question: what are my alternatives? 
·         If your debt has defaulted, and you do not have sufficient income to cover anything beyond minimum payments to unsecured creditors, it may be time to file.  Defaulted debt is accelerated, which means that you can only get rid of it if you pay it in full.  If you are unable to even make payments on a debt, paying it in full is not realistic, in which case you should speak to a Bankruptcy Lawyer ,
·         Upon filing for Bankruptcy, you are accorded an automatic stay, which is the Bankruptcy Protection against creditors.  The automatic stay will protect you against a foreclosure or Sheriff’s sale.  More importantly, in Chapter 13, you can retain your house so long as you can afford to pay the mortgage and a monthly payment to a Trustee. 
·         The automatic stay will also prevent creditors from contacting you.  They receive a letter from the Bankruptcy court stating that you filed for Bankruptcy.  If any creditors continue collection activities once they receive notice of your Bankruptcy, they may be liable to be held in contempt of court. 
·         Garnishments end upon filing for Bankruptcy.  Moreover, when you decide to file, you are required to stop payments to unsecured creditors.  That may free up money and help you deal with your stressful situation a little easier. 
·         You should be aware that Bankruptcy will remain on your credit report for several years.  However, with the help of a competent credit repair professional, you will be back on your feet much faster than if you hadn’t filed. 
Lastly, you should be aware that Bankruptcy will not discharge certain types of debts such as student loans, domestic support obligations, criminal restitutions and fines, or recent tax arrears.  However, Chapter 13 may help defray some of those debts by stretching the payments over 5 years.  Nothing stated here is legal advice, and you should not construe it as such.  You should consult a competent Bankruptcy Lawyer  to assess your particular situation

Bankruptcy Lawyer Northeast Philadelphia

Friday, February 21, 2014

Criminal Defense Lawyer Philadelphia

Criminal Defense Lawyer Philadelphia

Being charged with a crime, whether it is a misdemeanor or a felony, can have serious, life-altering consequences. It is important to act immediately and hire an experienced criminal defense attorney. The Law Offices of Greg Prosmushkin, P.C. provide clients with successful criminal Lawyers in Philadelphia, New Jersey and the surrounding areas. Our lawyers have the expert, proactive approach necessary to get results for clients. 
The most important asset our criminal defense Lawyers have to offer clients is their extensive courtroom experience. The time our lawyers have spent in the Philadelphia, Pennsylvania and New Jersey courts has provided them with a full understanding of courtroom procedures. This insight gives our attorneys the valuable legal skills necessary to build a defense case and provide our clients with a “know what to expect” advantage.
The attorneys at the Law Offices of Greg Prosmushkin, P.C. have used their aggressive approach to represent clients in an array of criminal matters, including, but not limited to:
Drug Charges
 Dui Lawyer
Weapon Charges
Assault / Battery
Property / Identity Theft
Felonies
Misdemeanors
Sex Crimes
A criminal defense lawyer from our firm will begin working for a client immediately. Our effective approach is to gather all of the necessary information, from both client and law enforcement, and to begin building a case. Our attorneys will not settle for anything less then best results possible and will fight for clients both in and out of the courtroom.
Have you been charged of a crime? Act immediately. Call the Law Offices of Greg Prosmushkin, P.C. for a free consultation: (215) 437-3058 (Philadelphia) and (609) 257-4976 (Trenton).


Friday, September 27, 2013

Traffic Tickets Lawyer Philadelphia

Traffic Ticket Lawyer Philadelphia

You’ve probably heard of the indictments of Traffic Court Judges in Philadelphia. They were charged with corruption and fixing tickets as political favors. Now, Gov. Corbett has signed a bill into law that is dismantling the court and canceling the three open elections for traffic court judges in November.  In addition, two retention elections for traffic judges, both of whom are under suspension, will be canceled. The two remaining judges on the traffic court will be transferred to Philadelphia Municipal Court where they will be supervised by the president judge.
 
Plus, the potential to remove the Traffic court all together may come as early as 2015 if it passes the next legislative session and passes a statewide voter referendum. But that doesn’t mean you still won’t have your day in court if you receive a ticket. You most certainly will. If you absolutely need to beat a ticket, either because you have a commercial license and a Ticket could affect your livelihood or you have so many points on your license that the next point or points will result to result in the suspension, you need to hire a Philadelphia lawyer who specializes in beating traffic tickets for its clients. The Law Offices of Greg Prosmushkin, P.C. have years of experience in fighting and Beating Tickets or getting points removed in thousands of traffic cases.
You need to follow the instructions on the Traffic Tickets and do whatever is necessary to fight the ticket. Often this will require a lawyer in Philadelphia. You will have a hearing scheduled on your Traffic Tickets  and if you have a lawyer on your side, your chances of winning are much greater.  
Under Pennsylvania state law, you accumulate points on your license after each Traffic Tickets. When you reach six points, you are required to take a written examination to prevent the loss of your driving privileges. By passing the test, two points will be taken away from your record. You should consult with a qualified Traffic Lawyer like the ones at the Law Offices of Greg Prosmushkin, P.C. if you received a traffic citation. We can help you dispute your ticket in court. Our firm is filled with dedicated attorneys who pride themselves not only in winning cases but also in giving their clients personal attention throughout the process
Plus, fines are just plain inconvenient. If you receive too many points on your record, your insurance premium will be increased. So, now not only are you paying hefty fines, on the verge of losing your license, but now your insurance premium is going to be increased. A traffic ticket can result in drastic consequences. Your insurance company may even drop you a result of too many points on your record or having your license suspended.


This is why it is so important to have an aggressive Philadelphia Traffic Tickets Lawyer on your side to help you fight your Ticket. Even if you lose in the initial hearing, the Lawyers at the Law Offices of Greg Prosmushkin, P.C. can take the fight to the next level and appeal it to the Court of Common Pleas. Call the Law Offices of Greg Prosmushkin, P.C. today for a free consultation if you have received a Traffic Ticket.

                 Traffic Ticket Lawyer Philadelphia Free Consultation
 
 
 

 

Monday, July 29, 2013

Medical Malpractice

We all rely on our doctors to help us when we are sick or injured.  In almost all cases, our doctors provide us with the treatment and advice that we need to recover.  There are some cases, however, when our doctors do not fulfill their duties and we do not receive the necessary care.  When a doctor neglects their duty to provide you with the care you need you may be entitled to damages due to medical malpractice.

The specifics of medical malpractice vary by state and country, but it is generally when a healthcare provider goes against the commonly accepted practices within the medical profession, either intentionally or unintentionally, and causes injury or death to their patient.  Only in cases where injuries or death are the direct result of the negligent action is there a valid argument for malpractice.  When this is the case, the patient (or in the case of death, the administrator of the deceased’s estate) is entitled to compensatory and/or punitive damages.

If you feel that your or a loved one’s medical care has directly caused your condition to worsen please call us today.

Domestic Violence

Domestic violence is a serious issue, and one that can be very difficult and complex to deal with. There are criminal, financial, family, and emotional consequences of domestic violence. We can help you sort through the various issues associated with domestic violence and provide you with the necessary legal counsel.

For Victims of Domestic Violence

If you have been subjected to domestic violence there are many legal actions you can take depending on your situation. If you are fearful that your spouse or partner may abuse you again, you can seek a restraining order. This will legally mandate that they will not be able to come within a certain distance of you. You also have the option of pressing charges against your abuser. In a criminal case they can be sentenced to a prison term, parole, anger management, and/or community service. In a civil case you may be entitle to damages for any medical bills or pain and suffering caused by the abuse. If you have children within the relationship you may need to seek advice about custody as well.

For Those Accused of Domestic Violence

If you have been wrongfully accused of domestic violence or are a part of a mutually abusive relationship but have been solely accused we can help. We will defend against these accusations and ensure that you receive a fair and just result.

If you have indeed committed acts of domestic violence we can help you as well. There are legal consequences to your actions and we can help to explain those consequences and your different options. We are familiar with many rehabilitation centers and anger management clinics in the area that can help you. Admitting you have a problem and seeking help for it is the first step in recovery, and this action will have an effect on any legal decisions as well.

Divorce

Legal issues that involve family members can be very sensitive and very difficult to deal with on a personal level. We are able to offer you the best legal advice possible to help you get through your difficult time.

Divorce

About 50% of all marriages in the United States end in divorce. It is unfortunate, but it is the truth. It is something that no one wants to go through, but we are able to walk you through the process and make it more bearable. Divorce cases can be as simple as a few signatures, or can be long drawn out legal battles. There are many variables that can affect the case including:

  • Whether the couple has children
  • How long the couple has been together
  • How many shared assets the couple has
  • How the marriage ended
  • ...and more



If you and your spouse have decided to get a divorce give us a call. We can give you legal advice and also lead any negotiations that may be a part of the divorce.

Custody Cases

Divorce is difficult for the couple going through it, but it is often even more difficult for any children that may be involved. Joint custody is encouraged in most divorces so that the children can maintain a relationship with each of their parents. Parents may seek sole custody if they feel that their ex-spouse is unfit to be a parent or if their living situation is unfit for children. There can also be some issues if one parent is moving an extended distance from the other. Whatever the case may be we can be of assistance in any legal proceedings associated with child custody cases.

Pre-nuptial Agreements

Pre-nuptial agreements are made before a marriage to address what will happen if the marriage were to end. These are usually agreed to if one or both of the people entering into the marriage is wealthy or has a lot of assets. Different stipulations can be agreed to based on if the couple has children, how long the marriage lasts, the reason for the end of the marriage, and so on. We can help you draw up a pre-nuptial agreement to protect your assets and assure that all parties are taken care of in a fair manner in

DUI Lawyer

DUI is a serious offense with potentially grave consequences. It most commonly refers to when you are driving with a blood-alcohol level of .08 or greater, but applies to other controlled substances as well. The penalties for a DUII vary based on where you are driving, what your BAC level was at the time, whether any other infractions were committed, and if you are a first time offender. Penalties can range from a suspended license and a fine to jail time.
If you have recently gotten a DUI we can help. In many areas there are diversion programs for first time offenders. You can pay a fine, perform community service, and/or complete an alcohol awareness class in order to avoid suspension of your license or jail time. Also, depending on the location, the charge can be removed from your criminal record or replaced with a lesser charge. If you have questions about DUI diversion plans please call us.
If you have been charged with multiple DUIs or were involved in an accident where someone was hurt or killed there will be harsher legal consequences. We will provide you with legal counsel and direct you to any resources or programs that will allow you to achieve the best result possible given the situation. We are experienced in dealing with DUI cases and are available to answer any questions you may have.

Lawyer Philadelphia

If you have been injured as the result of another’s wrongdoing you may be entitled to monetary damages.  Serious injuries can prevent us from going to work, lead to high hospital and rehabilitation bills, and interfere with the way we live our daily lives, sometimes permanently.  If you have been injured in a car accident, slip and fall, construction accident, struck by a car while on foot or bike, injured or bit by an animal, or any other injury due to negligence call us.

You do not deserve to suffer because of someone else’s negligence.  We can assist you in recouping medical bills, property/vehicle damage, losses due to being out of work, and repayment for your pain and suffering.  We will be sure to get you the repayment you are entitled to and make a difficult time in your life a little bit easier.

If you have been injured recently make sure you take all the proper steps to receive treatment and document your injury.  You should contact the police to file an accident report and give detailed information about any injuries you suffered or damage that was inflicted.  You should also visit your doctor or the emergency room to receive treatment and make sure that all of your injuries are documented.  Contact your insurance companies (health insurance and/or auto insurance) to make them aware of the incident and provide them with any necessary details.  Being detailed makes it easier to present your case so that you can get the settlement you deserve, or prove the specifics of the case in court.