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Family Law
Marriage and Divorce Child and Custody Support Divorce and family law issues are often very complicated and the best way to proceed is by first having a consultation with Jeffrey S. Posin and Associates so we can discuss the particular facts of your situation and devise the best strategy for you to obtain a divorce while protecting your rights. Marriage and Divorce All property acquired after marriage by either husband or wife is presumed to be “community property,” unless (1) otherwise provided by agreement, or (2) otherwise ordered by a court. Community property means that both husband and wife have an ownership interest in the property regardless of whom acquired the property, although there are exceptions to this general rule. The most common ground for receiving a divorce is where the husband and wife are “incompatible.” When obtaining a divorce due to incompatibility it is important to remember that you or your spousal has a right to get a divorce even if the other party does not want one. You can only get divorced in Nevada if one of the parties is a resident of the state of Nevada for at least six weeks prior to the filing of the Complaint for Divorce. The most common way to prove residency is by providing a witness who lives in Nevada, to testify that you have lived in Nevada for at... Read More
Criminal Law
Drug Related Charges Sealing of Records Sex Crimes Bad Checks, Casino Markers and Other Theft Charges The most important thing to do if facing a criminal charge is to consult an experienced attorney as soon as possible. At Jeffrey S. Posin & Associates you always meet with an experienced and knowledgeable attorney and consultations for criminal matters are always free. When Jeffrey S. Posin and Associates is representing you in any criminal matter, you can be confident that your attorney is going to provide you with an aggressive defense. Being charged with a crime is a very serious matter. If convicted, the court may impose imprisonment, a fine, community service, civil sanctions, probation, and/or order the person to pay restitution to the victim(s). Whether you are facing misdemeanor or more serious felony criminal charges you need an experienced, aggressive and knowledgeable attorney to defend you in your case. When facing criminal charges you need to know that your rights are being protected and you are receiving a defense that you can be confident in. At Jeffrey S. Posin and Associates we provide aggressive defense for all criminal cases, including but not limited to, DUI, Domestic Violence, Sex Related and other serious felony cases, and all Juvenile Criminal cases. When facing a criminal prosecution, you cannot afford not to have Jeffrey S. Posin and Associates defending you! In Nevada, crimes... Read More
Bankruptcy
Chapter 7 Bankruptcy Chapter 13 Bankruptcy Deciding whether or not filing bankruptcy is the right step for you is a difficult and complicated decision. If you are facing a foreclosure, repossession or are tired of the harassing telephone calls from creditors, bankruptcy may be the best option for you and your family. For individuals there are generally two types of bankruptcy that can be filed, Chapter 7 or chapter 13. Whether you need to file a Chapter 7 or a Chapter 13, the important thing to understand is that you will be able to have relief from the financial stress that you are currently facing. After having a consultation with Jeffrey S. Posin and Associates we will be able to determine what type of bankruptcy is right for you. Chapter 7 Bankruptcy Also known as “Fresh Start” or “Liquidation” bankruptcy, Chapter 7 bankruptcy allows a person to eliminate most or all of his or her debt while being allowed to keep much of the property he or she may have. In most cases, a person may keep their home or car(s) (secured debt), provided that they continue to make current payments and are up to date on the loan. Additionally, Nevada provides generous exemptions in bankruptcy which allows you to keep most or all of your personal belongings, including but not limited to your clothing and furniture. Additionally, you... Read More
Car Accidents & Personal Injury
If you are in an accident of any sort, it is important that you preserve your rights to the fullest extent. If you were injured due to the fault of another party you should immediately seek medical attention and meet with Jeffrey S. Posin and Associates for a free consultation so we can help you get the compensation for your injuries that you deserve. In addition to seeking medical attention and meeting with an experienced attorney at Jeffrey S. Posin and Associates, there are some other things you can do to help preserve your rights and obtain fair compensation for your injuries: Be careful when discussing your case with the police or your insurance company. Only state what you definitely know and avoid speculation. Don’t let others put words in your mouth. Do not speak to the other party’s insurance company before seeking the advice of an attorney. Attend to your injuries immediately. If you require medical attention, seek it. If you have medical payment coverage on your insurance it is okay to use it. Follow the doctor’s advice. However, if you have health insurance, always try to use it prior to allowing medical providers to use medpay through your car insurance. Keep a record of all of your expenses related to the claim. Keep copies of your medical records and bills. Document your lost income, mileage and incidental... Read More
Domestic Violence
A Domestic Battery is any willful and unlawful use of force or violence upon the person of another with whom you have a domestic relationship. This means that if you commit a battery on any person who is a family member, spouse, boyfriend or girlfriend or roommate among other things. In Nevada, if police are called to a domestic dispute they are required to make an arrest if they have reason to believe that domestic violence may have occurred. This means there is a very real chance that either you or your spouse will be arrested even if the person calling the police recants or changes their story as an arrest is mandatory. If you are facing a domestic violence charge it is very important that you contact Jeffrey S. Posin and Associates for a free consultation as the penalties for being convicted of this crime are very severe. In Nevada the penalties for a Domestic violence are as follows: First Time Domestic Violence A first time domestic violence conviction within a seven (7) year period is a misdemeanor. An individual who is convicted of a first time Domestic Violence faces the following mandatory penalties: (1) Imprisonment in the city or county jail for not less than 2 days, but not more than 6 months; and (2) Perform not less than 48 hours, but not more than 120 hours, of community... Read More
DUI
Nevada law forbids anyone from drinking an alcoholic beverage while they are driving or in actual physical control of a motor vehicle. In addition, it is unlawful for anyone to have an open alcoholic beverage container in the passenger area of a motor vehicle while the motor vehicle is being driven. This statute is separate and apart from Nevada’s drunk driving laws. DUI means Driving Under the Influence of alcohol or drugs (whether prescription or illegal drugs). You can also violate the DUI laws by driving with 0.08 or more blood alcohol level or if a blood or breath sample within 2 hours of driving is 0.08 or more – unless you can prove that you consumed the alcohol AFTER driving. You may be arrested for driving under the influence if it can be shown you were driving while influenced by alcohol, “to a degree which renders you incapable of safely driving or being in actual physical control” of a vehicle, even if your blood alcohol level is less than 0.08 percent. If you are arrested for DUI, the police officer may request that you submit to a preliminary breath test and then a follow-up breath or blood test. If you refuse to submit to the tests, the police officer will seize your driver’s license on the spot, arrest you, and may use reasonable force necessary to obtain a... Read More