7 Reasons Why You Should Hire a Criminal Defense Lawyer

Legal systems across the world are designed in such a way that not even individuals possessing a great mind and high IQ, could self- represent themselves competitively in a criminal trial. Every criminal case is unique in itself, as a result, criminal defense lawyers are best suited to pick out specific pointers from the case file that could help prepare a water-tight defense strategy. Additionally, defense lawyers are adept in presenting corrigible arguments that could help mitigate or even negate any potential severe sentence. The blog post describes seven reasons why you need to hire a criminal defense lawyer for your representation in a criminal court.

1. Defense lawyers work closely with you, and negotiate a plea bargain with the prosecutor to mitigate your potential sentence or some of the charges levied on you. Prosecutors are unwilling to strike a deal with self-representing defendants.

2. Criminal defense attorneys provide you with a reality check, by offering insights into the trial proceedings. These assessments are necessary to determine whether it is viable to accept a plea bargain or not.

3. Defense lawyers help you throughout the prosecution in managing your emotions. Often defendants feel depressed, embarrassed, and fearful while maintaining a constant low esteem.

4. Criminal defense lawyers identify important legalities and regulations that you would not be able to find on your own. There are various family and divorce law and bylaws buried under broader laws and regulations, and prior court judgments, which could help in defending your case.

5. Defense lawyers find it easy to gather evidence and witness’ statements from the prosecution side. Often, witnesses refuse to cooperate with a self-representing defendant, out of fear, prejudice or hatred. However, attorneys have no such qualms with them in gathering their testimonies.

6. There are several “unwritten rules” associated with each state’s jurisdiction system, which one needs to keep in mind and adhere to as an attorney. Criminal defense attorneys are well-versed with every such judicial regulation and, could help you save time in expediting your hearing through proper judicial channels.

7. Defense lawyers could help you hire investigators to investigate in detail about the alleged crime and the prosecution witnesses. Finding concrete evidence to help refute a witness’s testimony could also help your case tremendously.

Wrapping up

Hiring a competent criminal defense lawyer significantly improves your chances of winning or secure a plea bargain. In addition to making your defense watertight and credible, the attorney also helps you navigate through the turbulent times of facing a trial and cope up with the emotional turmoil. A criminal defense lawyer is the one you need to seek to represent your case if you are looking to avoid a hefty criminal penalty or possible prison time.

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All you Need to Know: Spousal Sponsorship in Canada

Spouse Sponsorship Canada

If you’re a Canadian citizen or a permanent resident, you can sponsor your spouse, conjugal partner or common law partner to live, study and work in Canada under the Spousal Sponsorship program. To be eligible under this program, you need to fulfill certain spouse sponsorship Canada requirements. Keep on reading to learn about these guidelines.

Eligibility criteria

You should be 18 years of age or more to be eligible to sponsor your spouse, partner or children. Additionally, you’ll have to prove that you can provide for food, lodging, and clothing for yourself and your family, and can support them financially to ensure they don’t have to ask for help from the government. Additionally, the sponsored person will receive a visa when both, they and the sponsor, obtain approval from Immigration, Refugees and Citizenship Canada (IRCC).

Citizens who don’t live in Canada will have to prove that they’ll start living in the country once the sponsored person becomes a permanent resident.

Definitions of spouse, common-law partner and conjugal partner under the program

Spouse

Married couples as recognized by the law of the land. If the union took place in Canada, the sponsor would need to produce a Certificate of Marriage from the province where the marriage took place. For marriages that took place outside Canada, the union must be eligible as required by the law of the country and the Canadian federal law. Same-sex partners who married in Canada can participate in the program; however, those who entered into a union outside of Canada will have to prove their relationship to file an application

Common-law Partner

Partners who have been living together continuously for a year or more and are in a sexual relationship without getting married are eligible to participate in the program. Exception to a year rule of living together includes brief period of absences tending to business or family obligations

Conjugal partner

A sponsored person is identified as a conjugal partner if they have either of the following situations:

  • When immigration barriers or other legal restrictions related to divorce or same-sex marriage prevent the applicants from qualifying as common law partners/spouse
  • The sponsor and the sponsored have had a mutually dependent relationship for a year or more. Under this provision, both the applicants will have to prove their commitment towards each other including emotional ties and intimacy. They’ll also have to prove their financial closeness, which may include joint ownership of assets.

Conclusion

Knowing the spouse sponsorship Canada requirements helps you avoid hassles when sponsoring a spouse. It is also imperative that you consult your immigration lawyer and work together to create a watertight case. Don’t be afraid to ask questions about any clauses or conditions that you don’t understand to ensure you comply with all the legal norms.

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4 Reasons You Need a Divorce Attorney

Silver wedding rings and gavel

Divorce can have an impact on your physical, mental and financial well-being. When a couple decides to part ways there are number of factors that need to be settled. Whether divorce is an outcome of years of resentment, or a spur of the moment decision, its after-effects are devastating. Without the help of an experienced lawyer, the process can confusing and time-consuming. The blog discusses four reasons why you need to hire a divorce attorney.

1. Unfamiliarity with Law and Family court

In courts, litigants who represent self without the assistance of an attorney, are considered to be at par with the other lawyer, in terms of legal expertise. Judges don’t have spare time to see such litigants fumble for documents or legal arguments amidst the court’s proceedings. Family lawyers in Calgary or in any other parts of Canada are experts in legal representation, have adequate experience in handling divorce cases and prepare for court cases with expertise than self-represented litigants.

2. Need of Objective Advice

Divorce exacts an immense emotional toll from both spouses. There’s sadness, betrayal, depression, fear, rage, confusion, dejection and a plethora of other emotions in litigant’s mind, which cloud better judgment and negate objectivity from the thought process. As a third party, family lawyer remains level-headed and emancipates from all emotions, focussing towards the best resolution of the case. An attorney removes all aggressive or vindictive statements from their court presentation and negates any chances of you sabotaging your case.

3. Avoiding Delays

Legal proceedings can be time consuming without the help of a family lawyer. The procedure requires proper documents to file for divorce and adequate information. Self-appealing litigants face many problems with the paperwork or other issues, which results in a delay in the procedure. Hiring a competent attorney helps in avoiding improper paperwork and other problems, which might otherwise cause delays.

4. Paperwork

Filing a divorce requires filling out a number of forms and collecting relevant information, resulting in the accumulation of a mountain of paperwork on the part of the litigants. Judges rely heavily on the paperwork filed to pass judgment which makes it important to provide the complete paperwork. Providing inappropriate data elements or tone, or omitting necessary information by mistake, is perceived as contempt and damages your credibility. Divorce attorneys, on the other hand, know how to fill out the paperwork in a persuasive manner, presenting your side of the argument favorably, and cutting down on undue delays.

Last Few Words

Family lawyers have expertise in identifying the individual’s needs and work tirelessly to fulfill them, even with finite resources. Good divorce attorneys dissuade their clients from fighting over petty matters, and focus on setting priorities so that their client achieves the best outcome from this ordeal. Afterall, divorces often result in far more losses than winnings. What matters is, who comes out with lesser damage.

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All you Need to Know: Spousal Sponsorship in Canada

If you’re a Canadian citizen or a permanent resident, you can sponsor your spouse, conjugal partner or common law partner to live, study and work in Canada under the Spousal Sponsorship program. To be eligible under this program, you need to fulfill certain spouse sponsorship Canada requirements. Keep on reading to learn about these guidelines.

Eligibility criteria

You should be 18 years of age or more to be eligible to sponsor your spouse, partner or children. Additionally, you’ll have to prove that you can provide for food, lodging, and clothing for yourself and your family, and can support them financially to ensure they don’t have to ask for help from the government. Additionally, the sponsored person will receive a visa when both, they and the sponsor, obtain approval from Immigration, Refugees and Citizenship Canada (IRCC).

Citizens who don’t live in Canada will have to prove that they’ll start living in the country once the sponsored person becomes a permanent resident.

Definitions of spouse, common-law partner and conjugal partner  under the program

Spouse

family

 

Married couples as recognized by the law of the land. If the union took place in Canada, the sponsor would need to produce a Certificate of Marriage from the province where the marriage took place. For marriages that took place outside Canada, the union must be eligible as required by the law of the country and the Canadian federal law. Same-sex partners who married in Canada can participate in the program; however, those who entered into a union outside of Canada will have to prove their relationship to file an application

 

Common-law Partner

imigration

Partners who have been living together continuously for a year or more and are in a sexual relationship without getting married are eligible to participate in the program. Exception to a year rule of living together includes brief period of absences tending to business or family obligations

 

Conjugal partner

A sponsored person is identified as a conjugal partner if they have either of the following situations:

 

  • When immigration barriers or other legal restrictions related to divorce or same-sex marriage prevent the applicants from qualifying as common law partners/spouse

 

  • The sponsor and the sponsored have had a mutually dependent relationship for a year or more. Under this provision, both the applicants will have to prove their commitment towards each other including emotional ties and intimacy. They’ll also have to prove their financial closeness, which may include joint ownership of assets.

Conclusion

Knowing the spouse sponsorship Canada requirements helps you avoid hassles when sponsoring a spouse.  It is also imperative that you consult your immigration lawyer and work together to create a watertight case. Don’t be afraid to ask questions about any clauses or conditions that you don’t understand to ensure you comply with all the legal norms.

 

 

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A Handy Guide to Spouse Sponsorship in Canada Post Bankruptcy

Like most people, you may also believe that bankruptcy puts an end to all the happiness in your life. Well, this is not entirely true. Bankruptcy is, of course, a serious financial obstacle, and with the receding economy, a higher number of employees are getting pink slips. Some of these employees who may have spouses residing in foreign countries may be looking for their sponsorship to Canada. Though there are no specific income requirements to sponsor your spouse for residency in Canada, a few restrictions prevail when it comes to bankruptcy.

Dig in to learn more.

How to Sponsor Your Spouse When you are Bankrupt?

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The biggest adverse effect that an existing or past debt problem has on immigration is that you cannot sponsor your spouse to immigrate to Canada while being on an undischarged bankruptcy. You become eligible to make a sponsorship application only after you have received your discharge. If you are also among those who are in debt and look to sponsor your family, an immigration lawyer can be of great help to you. They are experts at presenting you with many options, therefore, allowing you to clear up your debts. Let us learn about the three choices you have if you are in debt but, want to sponsor your spouse to Canada.

File the Bankruptcy

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You may begin with your sponsorship application once you have quickly cleared up your debts. In other words, you can file your bankruptcy first and then, submit your sponsorship application post your bankruptcy discharge. The first-time bankrupt in Canada is eligible to receive a discharge from personal bankruptcy in only nine months. Your bankruptcy may, however, extend to 21 months, if you have to pay “surplus income”.

Sponsor Your Partner First

Family and Immigration Issues

You can choose to sponsor your partner first, and then file the bankruptcy, provided the sponsorship application process is over. Given that sponsorship application processing takes several months or years to complete, you may not be able to hold off your creditors for a long time.

File a Consumer Proposal

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Filing a consumer proposal has no effect on your sponsorship application. A consumer proposal helps to legally protect you from your creditors and make a negotiated settlement on your debts. It typically implies that you avoid declaring bankruptcy. A successfully accepted consumer proposal dissolves your bankruptcy filing, therefore, enabling you to submit your sponsorship application. You need to remember that a consumer proposal needs financial support.

Conclusion

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Now that you know how to get a bankruptcy discharge and also understand other requirements for Spouse sponsorship to Canada, you can avoid several issues that your spouse sponsorship application may face. Though bankruptcy proves to be a hurdle for many Canadian citizens, comprehending how to address the issue helps you gain approval for sponsorship of your spouse and family.

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Charged With DUI? Legal Ways to Immigrate To Canada

 

law

Immigrating to a new country is one of the most important decision in everyone’s life and Canada is no exception. Whether you seek to arrive as an International Student, Temporary Foreign Worker, or have the requisite skills, education and language proficiency, the process of immigration to Canada is increasingly driven by economic and legal factors. But what if you have been charged for driving under the influence of DUI? In that case, you may not be eligible to enter Canada easily. Entering Canada with DUI is a complex task and you may require to take special permissions and follow a tough and legal process. It is always advisable to seek help from a professional Canadian Immigration Lawyer who may adhere to all the legal actions and guide you with the procedure strictly maintained according to the Immigration laws in Canada. In this blog post, get to know about two legal ways available in case you need to enter Canada with DUI. Take a look.

Immigration lawyer

Temporary Residents Permits

If you are not eligible to follow immigration laws in Canada but have a justified reason to migrate to the country, you may be issued TRP (temporary residents permits) that will allow you to stay in Canada for a limited period. The immigration or a border service officer will make sure that your need to stay in the country outweighs the health and  safety risks to Canadian society. After complete assurance, he will provide you with TRP.  To seek a permit, you will have to follow procedure and pay a processing fee, which is non-refundable. Although the process can take some time, ensure that you have applied at the right time before the date of journey to Canada.

Note: The permit can be cancelled by the immigration officer and will not be valid once you leave canada unless you have taken a special permission to leave and re-enter.

 

How to Apply for TRP?

eTA Required

If you are a citizen of eTA required country but is restricted to get eTA and is applying for TRP due to some circumstances, you may need to get an application form for Temporary residents permits from the visa office of your country so that you can proceed with the procedure.

citizenship and immigration in canada

Visa Required

Submit an application for a TRP along with the related documents that justify the reason for your visit to Canada. You may also be called for an interview so that the officer can process the documents forward.

Processing fees

You may be required to pay a considerable and non-refundable amount to cover the cost of processing your application. Check for the specific payment instruction in the visa office.

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Criminal Rehabilitation

In this process, you may require the permission from the concerned authorities to travel Canada without the renewal of Visa. The process can be moved forward only after the officers grant you the permission. For this you may go through the permission eligibility criteria that is tough and time consuming. You can only apply for Criminal Rehabilitation, only after five years since the completion of your sentence. You may also be required to fulfil all the conditions such as fine, probation, driving prohibition, community service and other related formalities within five years. If you are eligible and have completed all the formalities, you will be granted permission otherwise you will have to go for TRP.

Last few words

These two methods may help you to enter Canada with DUI but before processing to any of the methods, seek advice from a professional Canadian Immigration Lawyer in Calgary or any other part of Canada. Both the procedures are complex enough and are tough to be dealt alone. A professional helps you to complete the procedure faster and easier.

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4 Factors to Consider When Hiring a Family Lawyer

Working with the wrong divorce and family lawyers can do more harm than good for those undergoing the mental trauma of separation from their spouse. Hiring a rookie family lawyer in Calgary or elsewhere can result in substantial losses for the client in litigation and related costs. To ensure you hire a professional worth their salt, you should look for the following qualities in service providers: Continue reading

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