Amazingly enough that almost never happens. No one really looks like George Clooney and if you had that kind of high tech equipment you probably don’t need to rob anything and the fast getaway car is usually a 1998 Honda Civic. Nor are the crooks as smart or smooth as our boy George. The vast majority are confused, unprepared and just plain dumb.

Like these people:

Convicted of receiving stolen property, James Wombles, 37, had to wear an ankle bracelet as part of his parole. The bracelet came complete with a GPS monitoring system that let cops track his every move. Over the course of a few weeks, the Riverside, Ohio, man allegedly broke into six homes. You know where this is going — just as the cops knew where Wombles was going. Following the signals from his bracelet, they tracked him to his car, where they found him sitting on the stolen booty.

Some criminals just aren't suited to it.

Timothy Chapek, 25, allegedly broke into a home in Portland, Oregon to take a shower. When he heard the owner come home, he got scared. And yes, called 911. The homeowner called into the bathroom to inquire as to what Timothy was doing and he informed her had broken in and was in the shower. When she offered to call 911 he said he was already on the phone with them.

Clint Messina and an associate stole a Krispy Kreme doughnuts delivery truck in Slidell, Louisiana. The Krispy Kreme deliveryman had left the engine of the truck running and its rear doors open while he went into a convenience store to make a delivery. Upon returning to find the truck and the hundreds of doughnuts inside missing, the deliveryman called police, who pursued and caught up to the vehicle. Messina then led police on a 15-mile chase, leaving a trail of doughnuts behind them.

One night at a corner store, a man entered with a shotgun and demanded money from the clerk. The clerk put money into the bag for the criminal. The robber then noticed a bottle of scotch behind the counter and demanded that the clerk put the scotch in the bag. The clerk refused to do so saying that he didn’t believe that the perpetrator was over the age of 21. The frustrated criminal showed the cashier his driver’s license indeed proving that he was over 21. The clerk then agreed to give him the alcohol. When the thief left, the clerk called the police and gave them the thief’s name and address that he obtained from the driver’s license.

In Oklahoma City, Dennis Newton was put on trial with the suspicion of armed robbery. He apparently entered a convenience store and raised a gun to the store manager’s head and demanded money. However, during his trial, Newton decided to fire his lawyer and defend himself. When the store manager came up to the stand to testify that Newton was the robber he accused her of lying and then yelled,  “I should have blown your head off!” He paused and then quickly added “-if I’d been the one who was there.” The jury took twenty minutes to convict Newton and recommended a 30-year sentence.

Don’t let this be you. If you find yourself at the wrong end of a criminal charge the smartest thing you can do is find a good lawyer. Of course, that’s assuming you’re smarter than these guys. Fletcher, Rohrbaugh and Chahine should be your first call if you need a criminal defense attorney. We have the expertise and the resources to help you whether you’re a criminal mastermind or just someone who made the wrong decision so let us go to work for you and make the best of a bad situation.

If you're considering bankruptcy consider all options.

If you find yourself out of work or underemployed, faced with unexpected healthcare debt or just can’t manage your financial obligations you may be thinking of bankruptcy as a solution. But there are things to know before you file and consulting an attorney is the first thing you should do. You should also educate yourself on how bankruptcy works as well as the different types, Chapter 13 vs. Chapter 7.

Chapter 13

A chapter 13 bankruptcy is also called a “wage earner’s plan”. It allows someone with a regular income to repay all or part of their debts. A primary benefit of a Chapter 13 Bankruptcy filing is that it can prevent foreclosure of your home or repossession of your car. Filing Chapter 13 allows the debtor to prevent collection action by both secured and unsecured creditors by creating a repayment plan. The duration of the bankruptcy repayment plans range from 36 to 60 months.

This plan allows the debtor to spread out payments to get caught up over time and prevents the debtor from having to come up with large sums of money money immediately. Along with a principle benefit of stopping a home foreclosure or the repossession of other types of secured collateral such as a car, a Chapter 13 Bankruptcy can also help eliminate some or even most of your unsecured debt depending on your debt structure and your ability to pay into a plan.

Chapter 7

The primary benefit of a Chapter 7 bankruptcy is the elimination of most or all your unsecured debt. Unsecured debt is debt that is not secured, or attached, to any property. This includes credit card debt, medical bills, payday loans or other similar obligations. Chapter 7 eliminates all of this debt.

Another benefit of Chapter 7 Bankruptcy is that you can obtain relief from your debts in a shorter period of time. It typically takes three to four months from the date you file your Chapter 7 Bankruptcy case with the court until you receive your discharge. Chapter 7 may be a good idea if you can’t pay your debts and face legal action from creditors.

A Chapter 7 is a viable option if your necessary living expenses exceed your ‘take-home’ income.  If you have some disposable income left at the end of each month, then Chapter 13 may be the best choice.

Both of these bankruptcy options are complicated and require careful consideration before any action is taken. It may also be the most difficult decision of your life.  Most people who face this dilemma are honest, hard-working people who never thought this would happen to them. The attorneys at Fletcher, Rohrbaugh and Chahine understand this and can provide the necessary tools to help you make your decision.  We will represent you to ensure your rights are protected and the best outcome is achieved.

The judicial system in the US decides if an individual or organization needs a courts driven decision. It is crafted so that the most common way in which this is determined is by a jury of “peers” otherwise know as other Americans. The people will make a determination of based on evidence presented and how they will interpret this evidence. This is an extremely important element as to how our society functions.

This might sounds meaningless when you’re called to decide if a homeowner’s tree is on his neighbor’s lawn but it does matter. If you were to put yourself in the homeowner’s shoes (or even the neighbor’s) you would want a trial attended by people who listen and then return a fair verdict, right? Jury service is also for civil cases, not just criminal.  It is to resolve disputes over contracts, personal injury, property rights or mental health commitments.

Serving on a jury can also be very interesting and educational. You’ll literally see our democracy in action and your place in it. No, it most likely won’t look and sound like an episode of “Law and Order” but it will give you a better understanding of the law and how it applies to everyday life. You’ll undoubtedly learn something you didn’t know.

Most jury service is brief, a few days are the norm, but it’s worth spending the time to see something you don’t often get to see. It can bring you closer to how our community functions, gives you an opportunity to help someone who has prevailed on the justice system and needs your help. Avoiding it because you’re busy or think it’s a waste of time is missing the point. Look at other countries where the people’s voice is seldom heard and you’ll get the idea.

So if you’re summoned and sitting next to another juror who is complaining, just be brave and tell them you’re looking forward to it. Tell them you plan to listen carefully, make your decision based on evidence and the law, and give both sides a fair chance. See if you can get them to go along with you.

At Fletcher, Rohrbaugh and Chahine we believe in representing our clients in the best possible way and that means educating them about all aspects of their rights. Working in partnership with them we guide and advise them, counsel them and work with them for the best possible outcome. If you have a legal question, problem or need legal help we’re just a phone call away.

So let’s go over a few reasons why you should consider writing a will as soon as possible.

Everybody dies. That’s reason number one. You may think you’re too young, too healthy, too responsible or too careful but the truth is that everybody dies. And unfortunately we don’t get to pick when.

If you have kids you need a will. Designate a guardian so that the courts won’t have to choose one. It may not even be someone your children know so don’t assume they will go to your family.  This is especially critical if both you and your spouse are killed. You run a real risk of your children going into the foster care system and that would be a tragedy.

Where will your money go if you die suddenly? You might think it would just go to a spouse or child but you might be surprised to know that they may only receive half and that half may not come for months or years. The remainder may go to other relatives or possibly your debtors.  You money may even end up going to the government if you die intestate. It sounds crazy but it happens all the time.

If you own a business with large assets and do not have a will at the time of your death, your family may not see the benefits due them. If there are business partners they may be entitled to a portion of your estate due to existing partnership agreements that will take precedence. Don’t let the benefit of your life’s work go elsewhere.

Minor children may also not be entitled to assets until they reach a certain age. Designate a trusted friend, family member or better yet a financial manager to handle the money and provide a living until they reach majority.

If you are living with a partner but are not legally married a will is imperative if you want that partner to receive your assets after you die. This can be very important if you are in a same-sex relationship in a state that doesn’t recognize your relationship. A long-term partnership may end with your loved one shut out of your home or without the assets you worked for together.

Stop procrastinating and realize that you have to resolve to write a will. Don’t leave your family, friends or other loved ones out in the cold if you pass away suddenly. Think of a will as your last act of love and kindness and don’t put your nearest and dearest into a difficult situation at a time when they also must mourn your loss.  At Fletcher, Rohrbaugh and Chahine we can help your prepare a will, designate guardianship or manage your assets so that when you pass away your family will be safe and secure.

According to the Kansas City Star an analysis of more than 2,500 wrecks showed that overall wrecks, rear-end wrecks and injury wrecks actually increased in the two years after the cameras were installed at 17 intersections. The analysis also revealed that right-angle crashes, known as T-bone wrecks, decreased at those intersections.

There is some evidence that red light cameras aren't as effective as predicted.

Another study suggests that the cameras may actually increase rear-end collisions as drivers slam on their brakes after noticing or remembering the cameras are there.

There have also been issues involving due process and who is actually responsible for the violation if the registered driver isn’t behind the wheel. Last fall the Missouri Court of Appeals upheld a ruling stating that the city of Creve Coeur, outside of St. Louis, is not required to prove that the car owner is the driver of the vehicle at the time of the violation because Missouri law provides that a municipal ordinance can impose liability on a vehicle owner if another person operates the vehicle in violation of the ordinance.

The National Motorists Association contends that red light cameras aren’t the cure for accidents but that better design of traffic lights may be the solution. It contends, “their greatest practical harm (the cameras) is that they reward and perpetuate improper installation, maintenance and operation of traffic lights.” Citing studies that found accidents were reduced when yellow light durations were extended it recommends more study of each intersection traffic lights settings.

Do you change your driving habits when you know you’re approaching a red light camera in an intersection? If you’ve ever sat out a light cycle you’ve probably seen the flashes of light indicating a driver who’s been nabbed.  If you received one would you simply pay it or would you contest? If you have traffic law questions or find yourself needing a traffic attorney call us at Fletcher, Rohrbaugh and Chahine, 913-712-0242. Our attorneys are experienced in all forms of traffic law and can assist you. Don’t go it alone when you have us to back you.

The best interests of children should be foremost in custody decisions.

The first advice usually given is that each parent has a duty and obligation to do what is best for the children and support the other in doing the same. Cooperation is encouraged, as is civil communication. But unless a stepparent adopts a stepchild this person has no legal rights pertaining to that child. And while the instinct may be to act as a “full” parent, legally they are not.

Stepparents are adults in a child’s life, so they should be respected by the child and kept informed on what is going on in the child’s life. And a stepparent may very well become a cherished member of a child’s world.  However, stepparents do not have a right to participate in the health care or child rearing decisions of the biological parents. If a stepparent wants more participation in making decisions or influencing a course of action it must be with the agreement of both parents. Parents may even consider revisiting the original custody agreement with regards to a new stepparent or partner to make any adjustments clear and binding.

In the case of a divorce involving minor children the best outcome is what’s best for the child. Children will ideally have two responsible and reasonable parents who put aside any differences when it comes to custody and child rearing issues. But because complete agreement isn’t always possible it must be understood that they are to respect and support the other parent’s decisions when they are in that parent’s care.

Introducing a new foundation member of a home (stepparent or domestic partner) will always be a challenge and it is up to the biological parents to put their children first when making decisions. The law office of Fletcher, Rohrbaugh and Chahine offer specialized counsel to couples who are seeking divorce with custodial issues. They will work with you in the best possible fashion and help you to make those difficult decisions because we know all parents want the best for their children.

Returning Troops May Have Difficulty Returning To Normal Life

The military divorce rate has reached its highest level since 1999 with approximately 30,000 divorces in 2011. The Army, Navy and Air Force have all seen increases with only the Marine Corps holding the same as 2010. Military women are the most likely to have marriages that ended with one in ten.

Returning home to spouses and families who have carried on without them can make a smooth transition difficult and they may feel left out. If the service member was in combat or in a particularly violent zone it can be startling to shift gears to a “safe” environment and numerous soldiers have reported feeling threatened even when back home and going about day to day mundane tasks.  Resuming a normal marriage with a non-military spouse may leave little shared experiences to unite them.

Compounding the difficulty of being gone, sometime for years, and returning to a “normal” environment are injuries sustained by the returning family member. Post-traumatic stress disorder, traumatic brain injury and other wounds may mean a service member returns to a different role within the family. Men may no longer be the primary bread-winner or women may not feel needed as a mother when children grew up while they were gone.

Michael Schindler, author of the book “Operation Military Family: How Military Couples are Fighting to Preserve Their Marriages.” states, “Now they have to blend commands. It can take six to 12 months before they get into some normal groove again,” Schindler said, adding, “There are a lot of the same pressures as normal couples, but added pressures of war.”

The Army has the most number of service men and women and has the largest budget for family and marriage counseling. Their most popular program, Strong Bonds, devoted over $100 million to marriage support on US bases here and overseas. The Army expects to see a greater demand as more and more forces draw down.

Other non-profit organizations provide retreats, counseling or other services to help returning service members re-assimilate into a spouse and family setting and are reporting encouraging results. However, many times the couples simply cannot reunite. When this is the case divorce may just be the answer and may actually salvage a relationship when remaining married could not. It may make relationships with children more easily managed and can remove the pressure to return to the exact person they were when they deployed.

If you live in Missouri or Kansas and are faced with a military divorce situation you can rely on the professionals at Fletcher, Rohrbaugh and Chahine, LLP. No matter what your needs are, we can help you step by step, as you assess your options and manage surprises, opportunities, and setbacks. Attorney Mark A. Rohrbaugh is a former JAG Officer in the Army Reserve so you will be guided by someone who understands the nature and obligation of military service. You can reach him by calling (913) 390-8555, or learn more about our general family law practice here at www.KansasMissouriLaw.com.

A loan consolidation of all of your debt into a single obligation is tempting and may even have a lower interest rate than what your currently paying but simply moving your debt to another location isn’t the answer.

Ask yourself:

• Can you actually pay that amount even with a lower rate? Carefully read the term, interest rate and other fees associated with it. Some services won’t even mention fees until the very end and then you can be so wrapped up in the process that you agree without thinking it through.

• Will the loan be repaid over the life of the loan or will there be a large “balloon” payment at the end?  It’s difficult to think about the future when your debt is right in front of you but the end of the loan balloon payment will come and you need to be realistic and not just hope you can pay it.

• Home equity loans may put your home in jeopardy. Most states provide an exemption that protects a certain amount of equity in your home and puts it beyond reach of creditors. That exemption no longer applies to your home equity if you pledge that portion to a home equity lender. Are you really willing to do this?

You’ve no doubt seen the advertisements from companies claiming they can negotiate with your creditors for you and reduce your principal by “50 to 70%!” and drop your monthly payments.

“That is virtually impossible under any circumstances,” says Travis Plunkett, Legislative Director of the Consumer Federation of America. That’s why CFA warns consumers not to use debt settlement programs. “They are promising something they can’t deliver,” Plunkett says.

If you seek credit counseling you can find legitimate agencies that can help you with a realistic plan to confront your debt. Shop around and remember that easy answers will not be found, a magic bullet doesn’t exist and unfortunately there are people who know what you want to hear and will gladly separate you from your money.

It’s hard to resist looking for help when you feel helpless. Don’t be taken in just because someone promises easy answers. Fletcher, Rohrbaugh & Chahine, LLP, debt relief attorneys understand the feelings of guilt, shame or loss of control that can come with crushing, frightening debt. We offer free debt relief consultations and may be able to assist you in a reasonable solution to your financial challenges. Call us at (913) 712-0242 and let us help.

You would do all these things in your divorce too, but in a separation, you remain married.  I often tell my clients that the only difference between a settlement in a separation and a divorce is one paragraph in the Decree of Divorce that dissolves the marriage.  It is also my experience that nearly all separations become divorces.

That said, Mr. Landers points out many financial reasons that you may want to separate for the long term, but remain married.  I thought he made some good points.  His top reasons were:

• meet the 10-year requirement for social security benefits.
• continue receiving health insurance benefits under your spouse’s plan.
• take advantage of potential tax benefits from filing jointly.
• retain certain military benefits.
• pool certain resources.  He explained this benefit as follows:   “For some couples, maintaining two separate households is simply too expensive. Some decide to divide their home into “his” and “her” areas, so they can maintain a certain lifestyle (albeit one that’s now separate).  However, a decision to pool certain resources is not necessarily straightforward. In the case of alimony, for example, the IRS maintains that: “Spouses cannot be members of the same household.”  Payments to your spouse while you are members of the same household are not alimony if you are legally separated under a decree of divorce or separate maintenance. A home you formerly shared is considered one household, even if you physically separate yourselves in the home. You are not treated as members of the same household if one of you is preparing to leave the household and does leave no later than 1 month after the date of the payment.” In other words, alimony would not be tax deductible by the payor, if they are living in the same household.”

Of course, there are social and religious reasons to legally separate as well.  In times past, people in certain professions could not get divorced.  This included teachers, clergy and elected officials.  Today, these social concerns are mostly historical, but some people have personal or cultural problems with divorcing.

Most people whose marriages have broken down will choose to divorce, but it is good to think about all your options before you decide.

http://www.insidearm.com/daily/credit-card-accounts-receivable/credit-card-receivables/november-largest-consumer-credit-growth-in-a-decade/