Morse Legal Services is a full service legal firm. Practice areas include:
Providing debt relief for debtors
Including Driving Under Suspension (DUS) and Driving Under the
Influence of alcohol or drugs (DUI or Operating a vehicle under the Influence of
Alcohol or Drugs OVI)
Including Wills, Power of Attorney, Durable Power of Attorney,
Living Wills
Including writing, and reviewing of contracts
Provide services in the Miami Valley of Western Ohio including Montgomery, Greene, Miami, Shelby, Clark, Preble, and Warren Counties.
Morse Legal Services provides debt services in preparing Chapter 7 and Chapter 13 petitions for debtors. The initial consultation is free.
Chapter 7 Bankruptcy is straight bankruptcy.
Chapter 7 provides debt relief for individuals who are unable to pay their debts within a reasonable time. If a person qualifies for Chapter 7 Bankruptcy relief, a person can have most of their debts discharged (forgiven). However, debts for child support, spousal support, taxes, and student loans are not dischargeable. In 2005, Congress made significant changes to the bankruptcy laws. Bankruptcy is still available, but there are more requirements to file a petition. The attorney must do two types of analysis (Means Test, Good Faith Test) to see if a person qualifies for Chapter 7 bankruptcy relief. The Means Test compares the debtor’s income to the median income for Ohio. The Good Faith Test compares the debtor’s household net income to the debtor’s household expenses to see if a debtor’s household has any surplus income available at the end of the month.
Chapter 13 Bankruptcy is a personal reorganization plan
Chapter 13 bankruptcy reorganizes a debtor finances to pay as many debts that the debtor can pay. If one is behind in one’s house payments, car payments or other secured debt, Chapter 13 can provide a way to catch up in these payments under a federal court order. Chapter 13 often can stop foreclosures of homes or repossessions of vehicles. Payment plans last between three and five years.
During your lifetime, a person has a one in ten chance to be stopped by law enforcement. An officer could stop one for something minor, speeding, or something more serious, driving under the influence of alcohol. It is best to obtain legal representation for any charge other than minor traffic offenses. Occasionally, one needs legal representation for some traffic offenses including speeding.
Besides understanding the offense, legal representation can save you time, possibly time in jail. Other than some traffic offenses, most criminal charges could result in a jail sentence. Other than traffic offenses, there are two types of charges: misdemeanors and felonies. For a misdemeanor, one can spend up to six months (for each offense) in jail; for a felony one can spend years in prison.
Generally, law enforcement officer will testify against an offender, and the government will have an attorney, the prosecutor. The judge is a neutral party. An individual needs legal representation to protect your rights and negotiate with the prosecutor and judge.
When you are stopped by law enforcement officer, it is the best policy to say little as possible. The officer will record anything you say, and testify against you in court. You have a constitutional right to remain silent and speak with an attorney before making any statement. Exercise that right.
Driving Under the Influence or Operating a Vehicle Under the Influence. Ohio law concerning drinking and driving is strict. At the present time law enforcement officers seem to have a no tolerance policy related to drinking and driving. If an officer smells alcohol on your person while you are driving, it is likely that you will be arrested for driving under the influence (DUI/OVI). You must have a designated driver if there is any drinking and driving.
Driving Under Suspension. Having a driver’s license is a privilege granted by the state. One can loose one’s driver’s license if one does not have insurance at all times or fails to pay child support. The Department of Motor Vehicles (DMV) has the authority to suspend one’s license automatically under certain circumstances. The DMV is required to send a letter to the driver indicating that their license is suspended. However, the DMV does not required to make sure that one receives this letter. Many drivers do not know that their license is suspended until stopped by an officer.
Estate and Unmarried Individuals
There is no doubt that one day all of us will pass to our reward. Death is a certainty for all. Your loved ones will have to settle your affairs. To make it easier on your love ones, you should prepare the following documents:
1. Will
2. Living Will
3. Durable Power of Attorney
1. Visitation authorization
2. HIPPA Record Authorization Representative
Everyday each of us agrees to hundreds of contracts. Every time you buy fuel for your car or get a haircut you form an agreement, a contract, to receive and pay for services. The only contract that is required to be in writing are contracts related to the sale of real estate. However, most serious agreements should be in writing. Most common written contracts are residential leases. These contracts, leases, are usually written by the landlord, and favor the landlord. If you are a renter, you should have a lease reviewed by an attorney. If you are a landlord, an attorney should write a lease tailored to your specific circumstances. Using a form lease is a bad idea and may lead to loss of some of your rights
Ohio law gives specific rights to landlords and tenants. You should know your rights to avoid misunderstanding in the future. A one-year residential lease is a long time to have a business relationship with someone. Eviction is a headache for everyone. Landlords should have their leases reviewed by attorney. Tenants should have a lease read by an attorney to make sure they understand the terms.
In twenty-first century, people live in various family makups. There are married persons, unmarried persons, and siblings as well as gay and lesbian couples who live together in one household. There are special legal needs for any family that is not the traditional married man, women, and their children. American law favors, and gives special automatic rights to traditional families. To protect a relationship, an alternative family should protect itself legally. Persons in this type of relationships should consider partnership agreements, co-parenting agreements, wills, advance directives and other similar documents to safeguard the relationship.