Massachusetts Residents Gearing Up for Huge CORI Change

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May 13, 2012 /24-7PressRelease/ -- Back in 2010, the Massachusetts legislature realized that their system of handling the dissemination of the information contained on a person's criminal record needed an overhaul. The changes essentially rebuilt the entire Criminal Offender Record Information (CORI) system, and they touch upon every use for the information contained on a criminal record, everything from job applications to buying a new home.

The new CORI laws will also make it easier for those with a criminal record to correct improper information contained therein and it streamlines the process for someone seeking to seal information contained on their record. As an example, where before a person with a felony conviction on their record had to wait 15 years before beginning the process of having the record sealed (misdemeanors could only be sealed after a 10-year wait), the new law lowers the waiting time by a full five years, allowing people to apply to seal the evidence of a felony conviction from public view after 10 years and a misdemeanor after five. There still isn't a guarantee that the record will be sealed, but giving people the opportunity to apply five years sooner can have a huge impact on their lives.

Perhaps most importantly, though, -- from the perspective of some legal rights activists like those at the American Civil Liberties Union (ACLU), anyway -- the revised statutes will make it harder for potential (or current) employers to make adverse hiring, firing, denial of benefits or promotional decisions without disclosing that those choices were based upon an applicant's criminal record. Employers will now have to not only inform a prospective applicant that he or she was denied an opportunity based on information found in a criminal record, but also must provide to the denied applicant what precise information was used to make the determination.

When Are the Changes Coming?

While some of the changes went into effect at the time the law was passed in 2010, the great majority of the changes will be going into effect on May 4, 2012. To the layperson, it may seem like there was no reason for the delay, but the gap was necessary to allow employers, mortgage lenders and educational institutions -- the businesses most likely to take criminal record information into account when making decisions that could affect an applicant -- to make internal arrangements and adjustments necessary to ensure that they were compliant with the new legal standards.

Even though Massachusetts' CORI law changes are extensive and they make it easier for people to live even though they have a criminal record, the best defense against having information on your criminal record used against you is to prevent a conviction in the first place; working with a skilled criminal defense attorney to fight the charges against you can help improve your chances.

Article provided by Milligan Coughlin LLC
Visit us at www.milligancoughlin.com/

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The Homestead Act Can Help Massachusetts Residents Save Their Homes

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    May 10, 2012 /24-7PressRelease/ -- On March 16, 2011, the updated version of the Massachusetts Homestead Act went into effect. The law offers Massachusetts homeowners a way to protect their homes from creditors. People should be aware of how the Homestead Act could help them save their homes when considering filing bankruptcy.

Homestead Act Protections

For Massachusetts homeowners, the Homestead Act automatically protects $125,000 of equity in a primary residence from creditors without the homeowner needing to file anything. People who choose to file a homestead declaration under the Homestead Act can protect up to $500,000 worth of home equity above the mortgage on the home.

Limitations of the Homestead Act

A homestead declaration does not protect a home's equity in all circumstances. A person may only declare his or her primary residence as a homestead, so it cannot be used to protect vacation homes or second homes. Additionally, a homestead declaration will not protect a home from:
-Tax liens
-Mortgages used to purchase the residence
-Child or spousal support back payments
-Debt incurred before the homestead declaration

Saving a Home Through the Homestead Act

Using a homestead declaration can be beneficial for those filing bankruptcy. If a filer chooses to use the Massachusetts homestead declaration, he or she will be using state bankruptcy exemptions. Doing so can protect much more of the equity in the home than federal exemptions allow -- currently only $20,200. This would reduce the likelihood that a person filing Chapter 7 liquidation bankruptcy would lose his or her home as part of the liquidation of the bankruptcy estate to pay off unsecured creditors.

Filing a homestead declaration can also help a person filing Chapter 13 wage-earner bankruptcy using Massachusetts exemptions. Under Chapter 13, the filer must repay a percentage of his or her unsecured debt equal to the amount the creditors would have received had the filer used Chapter 7. By protecting more of the equity in the filer's home, a homestead declaration can also reduce the amount of money that a filer will have to repay under Chapter 13.

Consult an Attorney

Deciding whether to file bankruptcy using state or federal exemptions can be complicated. A multitude of factors can affect how advantageous using one or the other would be, based on an individual's circumstances. If you are considering filing bankruptcy, talk to an experienced bankruptcy lawyer who can discuss your situation with you and advise you of your options.

Article provided by Law Offices of Kenneth E. Lindauer
Visit us at http://www.lindauerlaw.com

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Teen Drivers in Massachusetts

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May 09, 2012 /24-7PressRelease/ -- Every year, prospective teen-drivers throughout Massachusetts and the United States enter classrooms to learn the basic rules of driving; which vehicle has right-of-way, what it means to yield, the dangers of distracted driving and much more.

Yet, learning about driving in an educational setting doesn't necessarily translate to "good" driving when real-world dangers are encountered while behind-the-wheel. And, according to an article by CarInsurance.com there are three skills that driver's education programs fail to emphasize.

Distracted Driving

U.S. Transportation Secretary Ray LaHood has used his tenure to bring attention to the dangers of distracted driving, such as using often specifically targeting messages and educational programs at young drivers. Yet, teens are not getting the message.

A recent survey by the insurance company State Farm reveals that 57 percent of the teens surveyed admitted to texting while driving. Further, the survey found that 63 percent of teens "strongly agreed" that texting while driving would likely result in an accident; whereas 83 percent "strongly agreed" that drinking and driving would likely result in an accident. Research from the University of Utah shows that using a cellphone while driving delays drivers' reactions similar to drivers who are legally drunk (a blood alcohol level of 0.08 percent).

According to the National Highway Traffic Safety Administration, or NHTSA, teen drivers were more likely than any other group of drivers to be involved in a fatal car-accident involving a distracted driver. The NHTSA reports that 16 percent of teen drivers involved in fatal car accidents were distracted.

As of 2010, teaching teens about the dangers of distracted driving was a part of a few drivers' education programs throughout the country. According to the Governors Highway Safety Association, 18 states and Washington, D.C., incorporated distracted driving into drivers' education programs.

Skids and Hard Braking

Another driving skill needing more emphasis in drivers' education is braking. Teens often fail to understand how hard to step on the brakes in emergency situations, or even know how to control the vehicle when they do, according to one professional driving instructor.

Situational Awareness

Lastly, according to the Centers for Disease Control and Prevention, or the CDC, teen drivers are more likely to underestimate or fail to recognize hazardous situations. "Situational awareness," according to CarInsurance.com, involves "searching for and identifying all potential hazards on the road."

Massachusetts Graduated Licensing

In order to allow teens to gain valuable driving experience in the safest possible way, Massachusetts uses a graduated licensing program consisting of three steps: Learner's permit, Junior Operator's License and full licensure. To reach the third step of full licensure, the minor drivers must first successfully complete the previous steps, each with its own requirements and restrictions.

Learner's permit is the first step in the process for a new minor working to obtain a full driver's license. While holding a learner's permit, the following restrictions and requirements apply:
- Must be at least 16-years-old to obtain a permit.
- Must hold the learner's permit for at least six months.
- Complete a minimum of 12 hours of supervised driving by an adult in the passenger's seat. The accompanying adult must be at least 21-years-old, hold a valid driver's license from Massachusetts or another state, and have a minimum of one year of driving experience.
- Complete a minimum of six hours of behind-the-wheel training with an instructor.
- Complete a minimum of four hours of in-car observation of another student driver.
- Complete 30 hours of classroom instruction.
- Permit holders under 18-years-old cannot drive between 12:00 a.m. and 5 a.m., unless accompanied by a parent or legal guardian with a valid driver's license and at least one year of driving experience.

Junior Operator's License, also called a JOL, is the next step in the graduated licensing process. Restrictions on obtaining and driving with a JOL include:
- Must be at least 16.5-years-old before unsupervised driving is allowed.
- Cannot drive between 12:00 a.m. and 5 a.m., unless accompanied by a parent or legal guardian with a valid driver's license and at least one year of driving experience.
- No passengers under the age of 18-years-old for the first six months, unless the passenger is a member of the driver's immediate family or an adult at least 21-years-old is supervising.
- Complete an additional 12 hours of supervised driving.

Full licensure is obtained by completing the previous two steps and only after a driver has reached 18-years-old.

After a car accident, speak with a personal injury attorney about your legal options. Through a personal injury lawsuit you can recover compensation for medical bills, lost wages, and pain and suffering.

Article provided by Law Offices of Joseph J. Cariglia, P.C.
Visit us at www.cariglia.com

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Dividing Property in a Massachusetts Divorce

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    April 28, 2012 /24-7PressRelease/ -- A large source of stress and potential conflict in divorce is the division of property. Accumulating property and assets together is a part of marriage, and deciding which spouse gets what assets when the marriage ends is no easy task.

A recent case involving fraud highlights complications that can arise when dividing assets after divorce. The husband had invested $5.4 million in an investment with Bernie Madoff, who is currently serving a 150-year sentence for fraudulently taking approximately $20 billion from investors. At the time of the divorce in 2006, however, authorities had not yet caught Madoff, and so the $5.4 million was included in the property settlement.

After discovering the fraud, the husband sought to have the property settlement modified based on "mutual mistake" regarding the investment and its value. While property settlements can be modified after a mutual mistake is discovered, ultimately the court decided that the mistake was not substantial enough to warrant a modification in this case.

Equitable Distribution Basics

Under Massachusetts law, marital property is divided according to the legal concept of equitable distribution. Broadly speaking, equitable distribution holds that each party to the divorce should have a fair marital property division, which may or may not mean that each party receives the equivalent of half of the marital property. Marital property is generally any property acquired by either spouse during the marriage, with only a few exceptions.

In Massachusetts, equitable distribution is governed by statute, which lists several factors a court must take into account when dividing assets:
-The length of the marriage (the longer the marriage, the likelier the split will be more equal)
-The conduct of the parties
-The age and health of the parties
-The amount and sources of income, including work skills and future employability
-The estate and liabilities the parties
-The needs of the parties
-The potential for future acquisition of assets and income

A judge will also consider these same factors when awarding alimony, if any.

Property division in a divorce can be complicated, even for couples with no extenuating circumstances such as being victims in a $20 billion fraud scheme. If you are contemplating divorce, contact an experienced divorce lawyer to discuss your situation and protect your legal rights to your assets.

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