Veterans’ Court

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If you’re facing criminal charges and you are an honorably discharged veteran from any branch of the military, you may be eligible for Veterans’ Court. You may get a reduced sentence, favorable house arrest terms, and government-funded alternative programs to traditional sentences through Veterans’ Court.

Veterans’ Court is a relatively new idea that began in 2008 in New York. It has been geared toward addressing the problems unique to veterans of the military. Courts recognize that many veterans facing alcoholism, drug addiction, or other problems are facing them partially out of a response to PTSD or other combat related issues. Courts are now seeking to address these underlying issues with veterans rather than throwing them in with the rest of the defendants they face.

A first question that often has to be addressed is whether Veterans’ Court is a separate court in a different place than “normal” court. The short answer is no. Veterans’ Court is run as a program in the same county courthouse where your charges are pending. In some counties, it’s even in front of the same judge, and it’s all technically the same court.

Veteran’s Court comes with a number of advantages. If qualified, that individual who is on Veteran’s Court can face reduced jail time, lowered fines, and other reductions in penalties. Probation terms are typically easier to abide by. Where private organizations or the VA step in, there is money to fund treatment or other solutions for the defendant. Veterans’ Court of course is not open to everyone. You must be a veteran of one of the branches of the armed forces and you cannot have been dishonorably discharged.

Veterans’ Court is not a free pass, and in some cases, it would be a bad idea to accept its provisions. This is particularly true when you should fight the charges instead. Veterans’ Court still typically requires a guilty plea (outside of exceptional circumstances). It still requires compliance with the program, just like treatment court or ARD would. Furthermore, some charges are too serious for Veteran’s Court. Nonetheless, Veterans’ Court is a great opportunity, especially for veterans with underlying mental health conditions or drug addictions. It is a great way to seek resolution of charges and attempts to honor service to our country, rewarding those who have served our country.

If you have questions about Veterans’ Court, contact a criminal defense attorney in our office today.

Family Law Tip of the Week: Do We Need a Divorce Lawyer if We Don’t Have Anything?

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Welcome to Family Law Tip of the Week, a regular series on our blog where we offer tips on how to go through divorce and custody disputes in an amicable way. Divorce should always be a last case resort but if you are going through it, we want to provide some tips on how to survive it.

A common question our divorce attorneys hear is: “Do we need an attorney if we don’t have anything to split?” Here are a few reasons you probably still need an attorney for your divorce matter even if there are not a lot of assets between the two of you.

First, a divorce lawyer or mediation firm will help to ensure that even meager assets are split and retitled appropriately. Unfortunately, we have become aware of situations where people tried to handle their own divorces and did not retitle all of the assets, leading to disputes many years later.

Second, it is important to have new estate planning documents drawn up, including wills and powers of attorney. This will clarify who should inherit your possessions when you pass away. Wills also dictate things like who would bring a wrongful death action if you were to pass away suddenly in a car accident or due to other injury. Redrafting your will ensures clarity about who has that right now that you are no longer married.

Third, although it may sound silly, attorneys help to ensure that the divorce is properly filed and finalized. Divorces in Pennsylvania require a number of steps, a state-required cooling off period, and more. It is important to ensure that both parties have properly complied with those steps and that the divorce is actually processed and finalized.

Fourth, if you have children between the two of you, an attorney should help you work out a written custody agreement. Even if you are going to attempt to keep custody 50/50, or if you think you have an agreement, there are still important matters upon which to decide. Attorneys can help to ensure that the custody agreement is drafted in contract form, and that the parties have considered whether or not to submit it to a judge for consideration and an appropriate order.

Feel free to reach out to our offices with any specific questions you may have in your divorce or custody action.

Business litigation in Lehigh County

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When it comes to running a business, every experienced entrepreneur knows that it’s only a matter of time before a great idea well-executed will meet with conflict. Whether it’s a competitor making false claims about you, a large customer that suddenly stops paying the bill, or an ownership dispute, successful businesses often find themselves in the middle of legal controversy.

For businesses in the Allentown area, this is a real concern. Allentown and the Lehigh Valley have seen an explosion of growth in the last ten years, with industry coming back to the city and a revitalized downtown. But for many, with this growth comes the growing pain of business conflict and litigation.

So how can you prepare your Lehigh County business for dealing with litigation challenges? Here are three steps you can take now to ensure that your company is ready for the storms ahead.

Review your ownership documents and your operating agreement or bylaws.

When you’re running a business day-to-day, it can be difficult to take time and review “old news,” like the documents that govern the running of your company. But this is an important step, and taking time to review these documents every year can save you a lot of headaches down the line. In his landmark book, Built to Last, business author Jim Collins wrote about how important it is for companies large and small to take time and review their mission statements and founding documents to guard against “mission creep.” This is doubly true of legal documents. Ignoring the rules you created for your company can open you to legal challenges and personal liability on many matters—and this is particularly true if you have multiple owners.

And while we’re talking about multiple owners, it’s also important to document your decision-making process together by means of corporate resolutions, meeting minutes, or other instruments designed to demonstrate who votes which way. Keeping track of this can guard you against later legal challenges that you, as a majority shareowner, failed to take care of your co-owners’ interests.

Develop a relationship with a business attorney.

When a crisis hits, it’s important to know whom to call. When a lawsuit is served on you, you typically have only 20 days to respond. At that point, in the midst of the pressures of your regular business operations, you have to find an attorney and they need time to answer the Complaint appropriately. You may need to explain the ins and outs of your company, as well as the origins of the specific dispute, to this attorney. This is why it is helpful to have a working relationship with a litigation attorney well before this sort of dispute breaks out.

Conclusion: Call Cornerstone Law Firm today

At Cornerstone Law Firm, we pride ourselves on our client-focused approach to the law. We get to know our clients personally and professionally, and want to know about their businesses before a dispute begins. If you own a business in the Lehigh Valley, call us for a free discussion of your business needs. We’re here to protect and promote your business growth, and we’d love the chance to get to know you.