Germaine & Blaszka, P.A.Home | Germaine & Blaszka, P.A. | Derry, New Hampshire2024-02-16T19:27:34Zhttps://www.germainelaw.com/feed/atom/WordPressOn Behalf of Germaine & Blaszka, P.A.https://www.germainelaw.com/?p=503692024-02-12T19:27:44Z2024-02-16T19:27:34ZLimited employment opportunities
Having a criminal record can reduce your chances of securing gainful employment. Many employers do background checks as part of their hiring process, and a conviction can raise red flags.
Even if you possess the right qualifications and skills, some companies have strict policies against hiring individuals with criminal histories. This limitation can harm your efforts to rebuild your life and provide for yourself and your loved ones.
Housing challenges
Finding suitable housing can also become a challenge with a criminal conviction. Landlords and property management companies usually screen potential tenants, and a criminal record can lead to an automatic rejection.
This barrier leaves you scrambling to find housing options, often facing stigmatization in the process. Without stable housing, maintaining stability in other areas of life becomes increasingly difficult.
Financial hardships
Fines, court fees and legal expenses associated with the legal process can quickly add up, imposing a heavy financial burden on you. If you have a criminal record, you may encounter obstacles when seeking loans, credit or housing assistance. This financial strain can lead to extreme stress, making it difficult to meet basic needs.
Understanding these unexpected issues is important when you are striving to rebuild your life post-conviction. By addressing these challenges head-on and seeking support from resources and networks, you can chart a path toward a brighter future.]]>0On Behalf of Germaine & Blaszka, P.A.https://www.germainelaw.com/?p=503672024-01-30T02:41:33Z2024-02-06T02:40:34ZYou do not need grounds for divorce
Unlike decades ago, today no-fault divorce is available in all 50 states. This means you do not have to prove that your spouse did something specifically wrong to get divorced. However, there are still important financial and legal implications that their behavior and honesty during the proceedings could affect.
You can uncover hidden assets and accounts
Unfortunately, some spouses will try to hide money and assets, including luxury cars, jewelry, second homes, offshore bank accounts and cash stashes, so that they do not have to split them in the divorce. A recent survey found that up to 35% of divorcing spouses hide savings or checking account assets. A private investigator can help uncover these hidden assets.
You may find evidence of wrongdoing
While grounds are not required for today's no-fault divorce, any evidence of cheating, gambling issues, drug or alcohol abuse or domestic violence could impact legal aspects such as child custody. If you suspect wrongdoing, a private investigator can provide photographic or video evidence.
Hiring a private investigator can be costly, but it may be worth it to protect your rights and uncover any hidden assets to ensure a fair and reasonable settlement in your divorce.]]>0On Behalf of Germaine & Blaszka, P.A.https://www.germainelaw.com/?p=503212023-12-12T01:01:50Z2023-12-12T01:01:50ZHistorical precedence
Historically, traditional gender roles have influenced societal views on parenting. Courts assumed that mothers work best in nurturing roles while fathers are primary breadwinners. This assumption has long shaped legal decisions. Judges may have favored mothers and perpetuated the belief that fathers are less likely to gain custody.
Changing dynamics
In 2022, 10.9 million children lived with only one parent, and 80% of these children live with their mothers. However, societal dynamics are in an evolution process. In recent years, there has been a noticeable shift in attitudes towards parenting responsibilities. The legal system increasingly recognizes the importance of shared parenting and the active involvement of both parents in a child's life. As a result, many challenge the outdated stereotype that fathers are less nurturing or involved.
Legal standards
Courts seek the best interests of the child when determining custody arrangements. This principle places the child's well-being at the forefront. Judges consider emotional and financial stability, living conditions and the ability to provide a supportive environment. Therefore, the gender of the parent is less relevant.
Challenges faced by fathers
Despite these positive developments, fathers may still encounter challenges in custody battles. Some argue that preconceived notions about parenting abilities based on gender persist. Additionally, fathers may be less likely to seek custody due to societal expectations or assumptions that they will not be successful.
Navigating the complex terrain of family law requires society to acknowledge that gender does not determine parental abilities. Custody decisions should reflect the best interests of the child.]]>0On Behalf of Germaine & Blaszka, P.A.https://www.germainelaw.com/?p=503192023-11-21T02:14:25Z2023-11-21T02:14:25Z1. Challenging radar accuracy
While 9.18% of U.S. drivers had a ticket for speeding on record in 2022, not all speeding accusations are legitimate. One defense worth exploring is challenging the accuracy of the radar used by law enforcement to measure your speed. The radar equipment must be regularly calibrated and properly maintained. If there is any doubt about the accuracy of the radar reading, it could cast doubt on the validity of the traffic violation.
2. Questioning traffic signal timing
In some cases, misdemeanor traffic violations may arise from alleged violations of traffic signals. However, it is important to investigate whether the timing of the traffic signal was properly synchronized. Malfunctioning or improperly timed traffic signals can lead to confusion and unintentional violations.
3. Identifying faulty equipment
Sometimes, traffic violations are a result of faulty vehicle equipment rather than driver behavior. Ensure that your vehicle's lights, signals, and brakes are in working order. If a violation was due to a malfunctioning component, documenting repairs or maintenance records can serve as evidence in your defense.
4. Challenging officer observations
Lastly, scrutinizing the officer's observations can be a valid defense. Human error is a reality, and challenging the accuracy of the officer's observations regarding your driving behavior could be a viable strategy. Witness statements, video evidence or inconsistencies in the officer's testimony may contribute to a successful defense.
Understanding these potential defenses can empower individuals facing misdemeanor traffic violations in New Hampshire to navigate the legal process more effectively. Each case is unique, and a thoughtful approach to building a defense can make a significant difference in the outcome.]]>0On Behalf of Germaine & Blaszka, P.A.https://www.germainelaw.com/?p=503172023-10-06T21:32:16Z2023-10-06T21:32:16ZThe fentanyl crisis in New Hampshire
New Hampshire has been dealing with a growing fentanyl crisis. Fentanyl is a synthetic opioid that is far stronger than heroin or morphine. It is often mixed with other drugs, including prescription opioids, cocaine and counterfeit pills. The unintended presence of fentanyl in these substances has led to a surge in overdose deaths.
Implications for unintended possession
Accidentally possessing a substance laced with fentanyl can have severe consequences, both legally and physically:
New Hampshire has stringent drug laws, and the possession, distribution or trafficking of fentanyl is a serious criminal offense. Even if someone possesses a substance unknowingly mixed with fentanyl, they may still face legal consequences if caught. Penalties can include fines, probation and even imprisonment.
Even a small amount of fentanyl can be lethal. Unintended possession carries a substantial risk of accidental overdose, which can be life-threatening. Individuals need to be aware of the dangers associated with fentanyl and take precautions to avoid exposure.
Preventing accidental fentanyl exposure
To protect yourself and others from accidental fentanyl exposure, consider the following precautions:
Education: Educate yourself about the risks of fentanyl and the signs of an overdose. Knowing what to look for can save lives.
Testing: If you are unsure about the contents of a substance, consider drug testing kits, which can help identify the presence of fentanyl.
Exercise caution: If you or someone you know has a fentanyl prescription, be careful not to get it on your skin unless you are reapplying it. Accidental contact can lead to overdose.
If someone is experiencing a drug-related emergency, don't hesitate to seek medical assistance immediately. New Hampshire's Good Samaritan law may provide legal protections in these situations.
Fentanyl was the cause of over 250 deaths in 2020 alone. Individuals should be aware of the risks of drug use and take precautions to avoid exposure to fentanyl-laced substances.]]>0On Behalf of Germaine & Blaszka, P.A.https://www.germainelaw.com/?p=502482023-08-09T20:15:58Z2023-08-09T20:15:58ZCo-parenting in action
The decision to co-parent is a mutual decision between both parents to continue raising their children together as amicably as possible, primarily for the benefit of the children.
Research shows that co-parenting is highly effective in mitigating the negative aspects of divorce that children often experience, which is promising. However, co-parenting does not come without its challenges. Common mistakes parents make when co-parenting include:
Being inflexible with the other parent
Exhibiting intolerant behavior toward the other parent
Speaking ill of the other parent to their child
Trying to win or compete for their child’s love
All these mistakes are common, and making them does not mean co-parenting is doomed. Understanding that though you may experience difficulties, you can overcome them and continue co-parenting is critical to recentering yourself and showing up for your child.
Parents who view co-parenting as a process rather than a destination tend to find that they are more forgiving of their mistakes, able to bounce back easier after making a mistake and are happier overall.
No parent is perfect, and there is no one way of being the best parent. Ideally, in a divorce situation where children are involved, the parents always keep the child’s best interests in mind, especially when making decisions that can have a long-term impact on the child.]]>0On Behalf of Germaine & Blaszka, P.A.https://www.germainelaw.com/?p=502492023-08-05T04:13:50Z2023-08-05T04:13:50ZDrug court options to prevent recidivism
New Hampshire does have a program in place to help people facing drug crimes. Drug courts allow a person to go through a program that includes following guidelines, attending counseling and taking steps to end drug dependency. If a person successfully completes the program, they avoid going to jail or prison and avoid having a felony charge on their criminal record. Individuals should inquire about this option before going to court.
Early interventions for juveniles
Youths with drug charges often face the highest chances of a lifelong issue with the criminal justice system. Early interventions can help to reduce the chances that a young person continues down the wrong path. By offering these children help at the first sign of bad decisions, authorities can help to stop bad habits from forming and redirect their lives so that they do not end up in the system for life.
Help for other offenders
Adult offenders often can avoid reoffending if they get the right support. They need to have people around them to assist with providing them support to stay away from drugs and help them reintegrate into society. They need jobs and places to live. By removing barriers and providing resources, authorities can make this process easier.
Recidivism is preventable, but it takes help. Being open to receiving assistance can make it easier for people to avoid more charges.]]>0On Behalf of Germaine & Blaszka, P.A.https://www.germainelaw.com/?p=502502023-06-05T20:03:56Z2023-06-05T20:03:56ZFailing to create a plan
The biggest thing you can do wrong is not create an estate plan. While many people put this off, failing to plan puts your loved ones' financial futures at risk.
Not talking to family and friends
Make sure you talk about your plan with your family and friends. That can make sure everyone understands your wishes, so there is less of a chance for contention. If you cannot speak to a specific friend or family member, write into your plan that anyone who contends it is automatically written out.
Naming one beneficiary
It would be best to always designate multiple beneficiaries for all your assets. For example, if a beneficiary passes before you, you want to know that a backup is in place. Therefore, the second person you name should be your second choice for that asset. In addition, it would be best if you designated multiple contingent beneficiaries.
Forgetting children's futures
Even if you have the best intentions, your wording could impact your children's futures. If you have young children, leave specific instructions for how the guardian spends their assets to care for them, and remember to plan for inheritance taxes.
Creating an estate plan is a great thing to do. However, making any of these mistakes can cause your wishes to go haywire. In other words, make sure you do not miss anything. The perfect estate plan will allow you to fulfill your last desires.]]>0On Behalf of Germaine & Blaszka, P.A.https://www.germainelaw.com/?p=502512023-05-31T23:54:06Z2023-05-31T23:54:06ZA trust can provide financial stability
Many intellectually disabled adults struggle financially. Besides being unable to work, they may have difficulty balancing a budget or remembering to pay bills. Disabled adults are also vulnerable to financial abuse and exploitation.
With a special needs trust, you can designate a trustee to handle your child's funds. This can protect your child's best interests by allowing a capable person to make responsible financial decisions on his or her behalf.
Your child can still receive public assistance
Government programs like Medicaid and SSI provide an essential safety net for disabled adults. However, relying on these benefits alone can be difficult. Eligibility depends on financial need, so an inheritance can affect your child's ability to receive assistance.
When you leave money in a trust for your child, the trustee controls the funds and the beneficiary has no direct access to them. Because the funds technically belong to the trust and not the beneficiary, they do not count against the beneficiary's means-tested government benefits. Your child can continue receiving benefits to cover his or her basic needs while also having access to the trust.
When planning for your disabled child's future, you should consider establishing a special needs trust to meet your child's needs while protecting his or her public benefits eligibility.]]>0On Behalf of Germaine & Blaszka, P.A.https://www.germainelaw.com/?p=502522023-04-07T22:03:28Z2023-04-07T22:03:28ZChoosing where to age
Many people prefer to age in place because of the comfort, familiarity and convenience that comes from staying in their home. The presence of family members, routines and other consistencies can help lower anxieties and emotional challenges associated with aging or failing health.
Moving to an assisted living facility can provide a sense of normalcy while gaining the benefit of continual supervision and medical intervention. Moving to an assisted living facility alleviates the stress of home maintenance or upkeep, as well as reduces the risks of accidents or injuries when attempting to cook, clean or travel.
Choosing the right estate plan for your residence plans
Medicaid has specific rules governing the transfer of personal funds in the years prior to moving into a nursing home facility. In many cases, you need to protect your estate years in advance if you want to keep a facility from your family’s inheritance. Possible estate planning options to discuss include:
A life estate transfer
An annuity
An irrevocable trust
You can protect your loved one’s with a number of strategic decisions made now instead of later.
Speak to your family about your wishes for aging and listen to their concerns. Make a decision that protects your health and well-being before financially protecting your wealth.]]>0