Blankenship, R.
Massey, C.E.
Steelman, S.

BMS | 504 ERLANGER RD | ERLANGER, KY 41018 | 859-823-5351

Criminal

Bankruptcy

Social Security

Auto Accidents

Workers' Comp

CRIMINAL

Criminal cases are when persons are charged with a crime by the state in which the person(s) reside.  There are misdemeanor cases and felony cases.  Misdemeanor cases have a potential sentence of a year or less in jail.  Felony cases are charges that carry a sentence of more than a year in jail.  To be convicted of a misdemeanors or felony, the state must prove a defendant guilty beyond a reasonable doubt. 

Being charged with a crime is a serious matter.  It can affect your personal and public rights.  IT IS ALWAYS BEST TO BE REPRESENTED BY A LAWYER!
 

If charged with a crime it is not advisable to make any statement to law enforcement unless your attorney is present.  Anything said may be used against you.  You have NO obligation to be cooperative or to give a statement.

If you are charged with a crime, your first court appearance is called an arraignment.  You will be told with what crime you are being charged.  IF YOU HAVE NOT SPOKEN WITH A LAWYER, IT IS ALWAYS BEST TO ENTER A PLEA OF NOT GUILTY.

If you can not afford an attorney, you may ask the state to provide one.  If you post a bond or if someone else posts a bond for you, it may prohibit you from getting a court appointed lawyer.

After arraignment there are several hearings before a case is concluded by plea agreement, Court trial or Jury trial.

If a person chooses to represent himself, they will be held to the same standards as a lawyer.

For additional information you may contact the Grant County or Erlanger location.
 

BANKRUPTCY

Bankruptcy is a Federal law that allows and individual or business to eliminate debt and/or re-organize debt. In 2005, the Bankruptcy laws changed, but individuals or business CAN STILL FILE FOR BANKRUPTCY protection.

Bankruptcies are called Chapters.  There are five different chapters: Chapter 7; Chapter 9; Chapter 11; Chapter 12 and Chapter 13..  Most individuals file either a Chapter 7 or Chapter 13.

A Chapter 7 Bankruptcy allows debtors to eliminate most debts.  A Chapter 13 Bankruptcy allows debtors to re-organize debts so a debtor can make payments on part or all of the debt depending on the debtors ability to pay.  With either Chapter an automatic stay goes into effect upon filing prohibiting creditors from having direct contact with the debtors.

Whether an individual files a Chapter 7 or Chapter 13 is determined by a debtors income and expenses.  Both Chapters can stop garnishments, suits and foreclosures.

Usually, a debtor has minimal time in Court.  The process is simple, but it does require paperwork and documentation.  Should you file a Bankruptcy, you will have to provide the following, if applicable:

  • Deed and Mortgages to real property
  • Vehicle titles
  • Boat titles
  • Mobile home or motorhome titles
  • Pay advices (6 months)
  • Bank statements (6 months)
  • Credit card statements (6 months)
  • Copies of active lawsuits
  • Copies of any divorce decrees or child support orders Tax returns (last 3 years)
  • Copies of stocks, bonds or retirement funds

Additionally, anyone who files Bankruptcy must now take a credit counseling course before filing.  It has to be completed after filing.

 

For additional information, contact Michelle in my Grant County location (859-823-5351) or Melissa in my Erlanger location (859-426-9000).

 

SOCIAL SECURITY

To file for Social Security Disability Income (SSDI), a person must show they have been or will be disabled for a period of at least twelve (12) months.  Being unable to get hired is not the same as being disabled.  To be disabled a person must demonstrate that there is no job that can be performed by the claimant. 

Several factors go into disability including age, education, work history and medical history.  To file a person must submit biographical information and medical information.
 

The first stage is the initial application.  Usually, claimant's are denied at this stage.  This is not surprising as the examiners have never seen the claimant.
 

Stage two is a petition for reconsideration if the first stage application is denied.
 

Finally, stage three is a hearing before an administrative Law Judge (ALJ).
 

AUTO ACCIDENTS

If you are injured in an automobile accident, motorcycle accident or boating accident, contact a lawyer immediately!  DO NOT MAKE ANY STATEMENTS TO AN INSURANCE AGENT or REPRESENTATIVE BEFORE CONSULTING A LAWYER.  How you handle a claim for personal injury begins the moment you are injured.


Make sure to document every fact about your accident:  time of day, weather conditions; time; location; witnesses; type of vehicle; passengers; etc.  If possible have someone photograph or videotape the accident scene and the damaged vehicles.  All facts will be important in resolving your case.
 

If you are involved in an accident, follow up with your doctor whether you feel like you need to or not.  Many injuries are not immediately apparent.  Proper medical treatment is essential to a good resolution of your case.
 

As timelines do exist in personal injury cases, CONSULT A LAWYER IMMEDIATELY!
 

For additional information contact my Erlanger or Grant County location.
 

WORKERS' COMP

If you are injured while on the job, REPORT IT IMMEDIATELY to your employer.  Failure to report timely may result in a lost claim.  In workers' comp, it does not matter who is a fault, but only that it occurred in the scope of the injured party's employment.

Generally, a person injured at work may be entitled to wages and/or medical benefits.  This is especially true if a person is off of work for an extended period of time due to a work related injury.  Depending on the severity of the injury, the injured party may be entitled to a settlement.  IT IS ALWAYS BEST TO CONSULT WITH A LAWYER!  In mist cases, a lawyer only gets paid if he or she is successful in obtaining a settlement award for his or her client.

Treatment of any work related injury is important.  You do have the right to choose your own doctor.  It is very important to attend all appointments and to follow all directions given by a treating doctor.

Once treatment is complete, the case is ready to be resolved.  In most cases this is complicated and a lawyer is necessary to assist an injured party in resolving his or her claim.

For more information on work related injuries, please feel free to contact the Erlanger location (859-426-9000) or the Grant County location (859-823-5351).

 

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