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SERVICES

BANKRUPTCY

When a business or individual’s income is insufficient to pay off debts, bankruptcy is an option guaranteed by the U.S. Code that is designed to help ease the burden of debt. Bankruptcy most often results from credit card debt, medical bills, job loss, or divorce.

We help clients to file two kinds of Bankruptcy.

  • Chapter 7 Bankruptcy: Or “liquidation” is much more common, usually only lasts six months or less and generally leads to the clearance of all debt. Alternately, this type of bankruptcy sometimes requires forfeiture of some property, but often a party is able to keep all property and usually most of it.

  • Chapter 13 Bankruptcy: Is used to “buy time” for someone who is experiencing debt, but should eventually be able to pay it off with a 3-5 year plan. The upside over Chapter 7 is that it allows the individual to keep property that could be surrendered under Chapter 7. Chapter 13 Bankruptcy can also be used to pay off debt to the IRS, which cannot be liquidated. Chapter 13 bankruptcy requires a steady income and can only be filed by individuals, not businesses.

If you decide to explore the possibility of filing bankruptcy, we will meet with you and review your financial information, such as income and expenses, as well as your total debt. We will determine whether you are eligible for Chapter 7 Bankruptcy and decide what action to take (which may not involve bankruptcy).

Bankruptcy may seem like a daunting undertaking, but it is designed by the government to help in difficult financial situations and is an option that you should consider if debt has become a burden on your life or business.

If you have questions or are ready to set up an appointment and get started, contact the Law Office of Rudnick, Hosek, & Pendl Ltd.

 

CRIMINAL & TRAFFIC DEFENSE

Criminal Defense involves protecting the rights of an individual who has been charged with a crime. Criminal charges can be Felonies (punishable by one year or more in a state prison) or Misdemeanors (punishable by one year or less in local jail). Every defendant accused of a crime has rights granted to them by the United States Constitution and state constitutions.  These rights include the right to be represented by counsel, the right to a trial, the right to confront witnesses against them, and the right to remain silent. If convicted of a crime, there is a range of potential consequences including fines, probation, and jail or prison time.  Criminal convictions can also have lasting consequences for a defendant's employment, immigration status, and right to own or possess firearms.  An experienced criminal defense attorney can spot issues in the State's case and raise the appropriate defense in court.  An experienced criminal defense attorney may also be able to negotiate a plea deal with the State to secure a reduced charge or favorable sentencing recommendation.

Traffic Defense involves protecting the rights of an individual who has been charged with a traffic offense.  Many traffic offenses are minor misdemeanors that do not carry any risk of jail time upon a conviction.  Other traffic offenses, including Operating a Vehicle while Intoxicated (OVI), are much more serious and carry mandatory jail time upon a conviction. Possible consequences for a traffic offense include a fine, license suspension, points assessed against the driver's license, and jail time. Motorists with a Commercial Driver's License (CDL) risk losing their CDL if convicted of certain traffic offenses, even if they were not driving a commercial vehicle when they received the ticket. In an OVI case, an experienced traffic defense attorney will help the defendant obtain driving privileges from the court, investigate whether the officer administered field sobriety tests correctly, and check whether the breath test machine was calibrated and functioning properly.  OVI cases can be highly technical and having an attorney who knows the ins and outs could be the difference between a guilty verdict and a dismissal.

Some criminal and traffic offenses include:

  • Murder

  • Rape

  • Gross Sexual Imposition 

  • Domestic Violence

  • Assault

  • Weapon Offenses

  • Theft and Fraud

  • Robbery

  • Burglary

  • Drug Offenses

  • Disorderly Conduct

  • OVI

  • Speeding Tickets

  • Driving under Suspension

  • Probation Violations

Regardless of whether you feel you are guilty or innocent, if you are summoned to defend a criminal or traffic charge, you will be facing professional prosecutors and you need an attorney who knows their strategies and has the experience and skill to match. We will perform a thorough investigation of the incident and prepare a strong case for trial or negotiate a favorable plea offer. We will also be there to answer your questions and keep you informed and prepared throughout the process.

If you are pulled over for OVI, you have the right refuse field sobriety tests. If you refuse a blood, breath, or urine test, your driver's license will be suspended but you have the right to appeal the suspension and/or request driving privileges. If you are charged, we will defend your case throughout each stage of the proceeding and keep you well-informed of the status of your case.

In any criminal or traffic case, the State has the burden to prove you guilty beyond a reasonable doubt. An experienced defense attorney can identify the weaknesses in the State's case and argue for an acquittal based on the State's failure to prove each and every element of the offense at trial.  Our attorneys will make sure the best-possible defense is presented to the judge or jury and zealously protect your constitutional rights.

If you have been charged with a crime or traffic offense and wish to set up an appointment or telephone conference, contact the Law Office of Rudnick, Hosek, & Pendl Ltd.

 

DOMESTIC RELATIONS

The field of domestic relations law is a general area that deals with legal issues that arise within families. These issues often arise at difficult times and it is important that you have the knowledge and experience of an attorney on your side to explain your options and rights and make sure that your interests are reflected in the outcome. The most common type of case in this field involves the separation of spouses, but even this is a relatively broad area that includes divorce, dissolution, and annulment. Divorce is the process of one party bringing a lawsuit against his or her spouse in an attempt to end a marriage, whereas dissolution means that both parties have come to a legal agreement to end the marriage and divide assets. An annulment rules that a marriage was invalid to begin with and erases the legal record.

Other common cases are:

  • Child custody, support and visitation rights

  • Paternity issues

  • Adoption

  • Domestic abuse

  • Prenuptial Agreements

Domestic relations cases often involve fierce disputes and even if there is an agreement between parties you need an experienced attorney to make sure that every detail is constructed with care, because your decisions may affect the rest of your life and the lives of your family. Whether your case simply requires guidance through paperwork or representation in litigation, we will do everything in our power to both put your mind at ease and get results. If you feel that it is time to end your marriage, we will analyze your family situation and plan the most efficient course of action, whether that is mediating a dissolution agreement, building a divorce case, or a more unique solution.

If you have questions about whether your domestic issues require a legal solution or are ready to set up an appointment, contact the Law Office of Rudnick, Hosek, & Pendl Ltd.

 

ESTATE PLANNING - ELDER LAW

An estate plan is a strategy for the distribution and protection of assets in the event of incapacitation or death. Any subject that deals with death can be uncomfortable to confront and there is a perception that wills and trusts are overly complicated, however, it is important to realize that if a death or incapacitation does occur, without proper planning, the cost will be exponentially greater for the immediate family and things may not work out as the deceased would have wished. Immediate family members do not automatically take over finances after a death and without a plan, the assets of the deceased are controlled by a probate court rather than a beneficiary, which can lead to estate taxing, judicial appointment of a third-party Administrator to handle assets, conflict among family members, or other costly and time-consuming processes. If you are married, have children, own property or other significant assets, it is critical that you devise an estate plan that ensures that your wishes are met and expenses are minimized.

Your estate plan may include:

  • Will

  • Living will

  • Trust

  • Guardianship

  • Power of Attorney

  • Medical Power of Attorney

  • Health care rights for physicians

  • Advance Health Care Directive

  • Life Insurance and retirement planning

  • Litigation of disputes

ELDER LAW is a branch of estate planning that deals with needs that arise from old age, specifically medical. It is important that you choose an attorney with experience in this field that understands the aging process and can properly plan for the future.

In addition to those listed above, aspects of Elder law include:

  • Medicare/Medicaid

  • Social Security

  • Disability claims

  • Nursing home placement

  • Mental health issues

We will sit down with you one-on-one, decide which features best fit with your goals and guide you through the documents needed to implement them. This may be a simple will or something more complex. Regardless, we will continue to work with your plan if it requires updating in the future. Your estate plan will not only provide security for your family and peace of mind for yourself, but often the savings in taxes and probate costs will far exceed those of developing it.

If you have further questions or are ready to set up your estate plan today contact the Law Office of Rudnick, Hosek, & Pendl Ltd.

 
PERSONAL INJURY

Personal injury law involves injuries that are the result of another’s negligence and seeking compensation for the financial losses they cause. Any such situation could fall under personal injury law and it is a broad field.

Some common cases involve:

  • Vehicular or pedestrian accidents

  • Construction accidents

  • Work injuries

  • Dog bites

  • Wrongful death

  • Medical malpractice

The aftermath of an injury can be a stressful time as medical bills, time off from work, car repairs, and physical and emotional pain add up, but with a good attorney the legal system can help. You may wonder whether your case is worthy of compensation or worth the hassle of litigation or you may simply need help dealing with insurance companies or medical care providers. We will assess the specific facts of your case and discuss possible courses of action including settlement offers and litigation. We will be there for counsel when any new developments arise in the case and only require a contingent fee, meaning we only get paid if a recovery is made.

If your life has been significantly affected by an injury that you did not cause, it is in your best interests to inquire about taking legal action. To learn more or set up an appointment to talk about your case, contact the Law Office of Rudnick, Hosek, & Pendl Ltd.

 
REAL ESTATE

Whether you’re dealing with a home, business location or an investment property, buying or selling real estate involves a significant expense, which is why legal issues arise and attorneys are needed. Real estate law involves the transfer and development of property as well as any difficulties that may arise in the process. Whether you are looking to buy a home or sell a commercial property, you need the guidance and resources of an experienced attorney.

Some common issues we deal with:

  • Purchase, sale, and development of residential and commercial property

  • Financial strategy and tax issues

  • Title insurance

  • Mortgages, liens, and easements

  • Closing and review

  • Leases

  • Landlord/Tenant issues

  • Construction contracts and zoning

  • Foreclosures

  • Conveyancing

  • Disputes and litigation

Every party involved in the process deals with these issues and we represent buyers, sellers, landlords, tenants, developers, brokers and lenders. Each case is different, but whether you have a specific need or you are just considering a real estate transaction, we will deal with yours in both a personal and cost-efficient manner. Depending on your specific case, we may advise as to your property rights, discuss your issues and concerns or negotiate a contract. The ultimate goal is to see the client in a secure home or with a profitable investment.

If you have further questions or are ready to set up an appointment contact the Law Office of Rudnick, Hosek, & Pendl Ltd.