Triplett McFall Wolfe Law, LLC

Bellefontaine Legal Blog

Misdemeanor vs. felony charges

If you are facing criminal charges in Ohio for the first time in your life, whether they are for a misdemeanor or felony, you may not know what to do or what happens next. The team Triplett McFall Wolf Law, LLC has experience representing clients who need an attorney who will fight for the best possible outcome.

According to FindLaw, most states segment crimes into categories; with classes in each that determine sentencing guidelines for the maximum amount of jail time an individual will serve. Crimes involving a jail term of at least five days, but less than a year are typically misdemeanors. Depending on the specific details of the crime and your history, prosecutors have significant flexibility regarding charges, whether they offer a plea bargain and the sentence length.

What to know before making a slip and fall claim

Ohio weather can be unpredictable. A sudden rainstorm can cause a ceiling to leak, or a snow squall can make sidewalks and entryways slick. If you slip and fall while on someone else’s property, there may be grounds for a claim, depending on the circumstances. At Triplett McFall Wolfe Law, LLC, our team often represents accident victims, helping them get the compensation they deserve.

According to FindLaw, people get hurt every day due to slipping and falling. It can be difficult to prove negligence on the part of the property owner. Before taking the case to court, you need to ask if there were steps taken to maintain reasonable safety conditions? The law requires property owners to ensure their property is free from dangerous conditions, within reason. It also considers whether the person who fell was taking appropriate precautions in their specific situation. 

How can I help my kids cope with divorce?

The end of your marriage is sure to have an impact on your kids. Even if you and your ex are on good terms chances are your children will experience a range of negative emotions, from anger to guilt and virtually everything in between. Very Well Family explains some of the emotional effects kids experience after their parents' divorce, as well as tips on how you can handle the issue.

Children may feel guilty

How can I recover from holiday spending?

Now that the holidays are over, many people in Ohio are reeling from the amount of money spent on gifts, food, and entertainment. While they’re supposed to be a time of joy, for most the holidays mean overspending, which can bring your dangerously close to financial instability. Experian offers the following advice in this case, which can help your recovery from problem spending over the holidays.

Make a list

Can a bankruptcy stop wage garnishment?

If you are experiencing financial difficulties, you may not only have trouble paying bills, but you may be having a hard time living from one paycheck to the next. If there is a time you get so behind on your bills that your wages are being garnished, it can make the way you live your daily life extremely difficult.

There may be relief to wage garnished and it may be a solution that can turn your whole financial situation around. That solution is bankruptcy. You may have been considering bankruptcy in the past, but if you are now having as much as 25 percent or more of your paycheck garnished to satisfy creditors, one way you can stop it is by filing for bankruptcy.

Will I go to jail for a DUI?

If you drink and drive, the chances of getting caught are pretty good. If you get caught in Ohio, you will probably go immediately to jail. This initial arrest takes you off the road and allows the court to set a date for your trial. Usually, you will spend only a night or two in jail. According to the Ohio Revised Code, the final ruling in your case may very well involve more jail time. This time, you probably will spend more than a night behind bars.

Your sentence depends upon many factors. These include your blood alcohol content at the time of your arrest and if you have previous violations. Your crime may be a misdemeanor or a felony.

Recovering a dissipated marital estate

Are you an Ohio resident considering divorce? Chances are, you have reached this decision as the result of experiencing many negative relationship elements. Distrust and financial issues are among the most common reasons that marriages end and divorce proceedings often may make the situation worse. The team at Triplett McFall Wolf Law, LLC helps clients work through the stressful and confusing task of uncoupling their lives and property from that of their spouse.

Dividing assets can be a difficult and complex process, especially if one spouse acted as financial manager for the household. According to Divorce Magazine, dissipation occurs when one spouse spends money with the sole purpose of reducing the marital estate. Providing evidence of this can be challenging, especially if your soon-to-be-ex tries to hide the spending. 

What is a peremptory challenge?

A right to a jury trial is one of the most crucial aspects of criminal proceedings in the state of Ohio. A jury will determine whether the evidence against you is sufficient to convict you of whatever you are charged with. However, at the stage of jury selection, your attorney does have a say in who ends up on the jury through peremptory challenges.

As the American Bar Association explains, prospective jurors are called in to a court and then reviewed by a judge to evaluate their fitness for serving on a jury. Some potential jurors are excluded for reasons that might make them unfit, such as a personal bias that would preclude them from being impartial in their judgment, or if they possess a criminal background.

What is the Chapter 7 means test?

A Chapter 7 bankruptcy offers you the chance to have many of your outstanding debts discharged, freeing you to use your income to re-establish yourself on firm financial footing. Yet this is a privilege not afforded to all. The federal government wants to ensure that people do not abuse the benefits that Chapter 7 bankruptcy protection offers. Therefore, if you want to file for it, you must first qualify. The qualification standards for a Chapter 7 bankruptcy are established by what is known as "the means test." 

The Chapter 7 means test compares your current income to both that of your demographic in your state as well as the total amount you owe in nonpriority unsecured debts. The first step in the test is to determine your current monthly income (less a few allowed expenses). If that income amount is lower than that of your particular demographic in your state, then you qualify to file under Chapter 7. If it is not, then your net income over the past five years is determined. According to the website for the Federal Judiciary, this amount is then compared to two values: a set dollar amount total and a percentage of your debt. For 2018, those values are $12,850 or 25 percent of your nonpriority unsecured debt. If your aggregate income over five years if greater than either of those amounts, you cannot qualify for a Chapter 7 bankruptcy. 

Helping your young adult overcome OVI charges

While there’s been a decline in the occurrence of drunk driving among teens and young adults in recent years, it’s still the leading cause of death for ages 18-25 both locally and nationally. Operating a vehicle under the influence of alcohol or drugs is not only dangerous, it’s also a serious criminal offense.

While zero tolerance drunk driving laws, anti-drunk driving community campaigns, sobriety checkpoints and school-based instruction programs have been effective in reducing and preventing drunk driving, one in three traffic deaths still involve a drunk driver.

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