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Philadelphia Criminal Defense Law Blog

Making sense of your new commercial lease agreement

Signing a commercial lease for a new property is always an exciting prospect. Perhaps your business started off in your garage or basement, and now you're finally ready to expand into your own facility. Maybe you're finally able to start producing some of your own components in-house, or you just need more space as you add more office staff to your company.

Much like residential leases, commercial leases outline the responsibilities of both tenants and landlords. Unlike a residential lease, however, there are often more obligations to the tenants in commercial leases, from charges like CAM fees to extended lease terms. While month-to-month or single year leases are common in residential rentals, for commercial spaces, leases often run several years. It's critical that you understand what you sign before you agree to anything in writing.

Take the time now to create a thorough estate plan

Far too many put off the creation of a last will or estate plan until they are at or even past retirement age. That can leave their families in a difficult position and end up wasting a substantial portion of their assets on probate court in the event of an accident or sudden medical event. In situations that involve minor children, not having a last will or naming a guardian could leave them vulnerable. Do you have someone you would trust with medical and financial decisions on your behalf? Do you have enough assets to make creating a trust a worthwhile procedure?

No one wants to imagine dying while still relatively young and healthy, but it does happen, often without warning. Failing to take steps to guide the process of handling your assets ahead of time can leave your loved ones to deal with a frustrating and potentially confusing estate.

Ways to challenge breathalyzer results

When a driver receives DUI charges based on breathalyzer results, it can feel as though there is no room to build a decent legal defense. This is understandable because the media often portrays breathalyzers as airtight proof of intoxication, but this is simply not the case in many instances.

Although breathalyzers do measure the amount of alcohol in a subject's blood stream with impressive precision, these instruments are far from perfect. Even if you believe that the evidence against you is very strong, it is still wise to consult with a DUI defense attorney to fully understand your rights and the legal options you have available.

Do not ring in the New Year at a DUI checkpoint

For many people, New Year’s Eve means being with friends and imbibing in festive alcoholic beverages. This means that over the holiday more people drive while under the influence (DUI). As a responsible driver, you may be at risk for accidents and injuries over this year’s holiday weekend.

January 1st is the second most common day of the year for fatal drunk driving accidents. Because of this spike in accidents, Pennsylvania law enforcement sets up more DUI checkpoints over the holidays to take drunk drivers off the road. This post will cover how you can protect yourself from accidents and the steps you should take if you are charged with a DUI.

Reasons for incorporation or LLC

There are few easy decisions when it comes to your business structure. One of best ways to simplify year one of a new structure is to make it effective at the start of a new year, reducing tax and bookkeeping complications.

Whether you are a self-proprietor performing specialized services, or a partnership that produces goods for others, your business structure needs to protect your personal assets, ensure stability and provide a clear tax route.

What the Supreme Court said about warrantless DUI body searches

The Fourth Amendment protects us from “unreasonable searches and seizures” of our property by the police. Ever since the Bill of Rights was made part of the law of the land in 1792, lawmakers, law enforcement and judges have grappled with the requirements of a search warrant -- and when exceptions to the rule apply.

Police searches typically involve a pat-down of our body and/or a search of our bags, car, home and workplace. But our bodies are our property too, and an increasingly controversial question of criminal law is, do we have a reasonable right to privacy over our insides?

What is a revocable trust, and how does it work?

Unless you have few possessions or assets, and just one or two heirs, it’s unlikely that a will would be sufficient for your estate plan. Your will is the foundation of your plan, but there are a number of other documents available to help you control your assets and keep your estate out of probate after you die.

For example, the revocable trust is one of the most useful tools available to you. It’s one of the most popular types of trusts used in estate planning because of its flexibility.

What to expect at an eviction hearing

For most people, going to court to resolve a legal dispute is a last resort. Landlords are the same way. Most experienced landlords agree that it’s sometimes necessary to go through the entire eviction process, it’s usually better to settle the matter out of court.

Still, as a landlord you need to know your rights and responsibilities in Pennsylvania, as well as the eviction process. In today’s post, we will discuss the central step in eviction law: the eviction hearing.

The alternative to a DUI conviction in Pennsylvania

Everybody makes mistakes, but some mistakes are more serious than others. Sometimes, the police get involved and you are arrested and charged with a crime like drinking and driving.

DUI is a crime in Pennsylvania, potentially punishable by jail time and the loss of your driver’s license. This is a scary prospect, especially if you have never been in trouble with the law before.

What are the remedies for breach of contract?

In business, you rely on contracts to get the things you need from your suppliers, distribute your goods or services to clients, and possibly hire and retain your employees. If your contracts are well-written, comprehensive and the result of a good-faith negotiations, your chances of having one of the parties breach are low.

Low, but not zero. As remote as the possibility might seem, there is always a chance that a company or individual you are doing business with will fail to hold up their end of the deal, potentially costing your business a lot of money.

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