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Mount Sterling Kentucky Legal Blog

DOJ to make it easier for police to seize assets from suspects

Attorney General Jeff Sessions announced this past week a reversal in policy for the Department of Justice that will soon make it easier for police to seize assets from suspected criminals. This is a change from the previous administration, which limited this practice in fear that cash and property could be taken from suspects without evidence that a crime has even been committed.

“No criminal should be allowed to keep the proceeds of their crime,” said Sessions at a speech in Minnesota. The practice of asset forfeiture is often used in the case of drug suspects, who may have excess cash as a result of their illegal dealings. However, this new announcement could have affects for suspects of virtually any crime across the country.

The hidden dangers of trampolines in the summer

Summertime is playtime for many of our kids. Children have off school and are able to play freely - but unfortunately there are many dangers that could cause your children to seriously injure themselves, putting a sudden end to their summertime fun.

We have written previously about the dangers of swimming pools, especially in relation to bacteria and parasites that may exist when the pool owners don't clean the water properly. But there are many other dangers you need to watch out for, on your own property and others. One that often goes unnoticed: trampolines.

Why every business owner should have a business succession plan

Running a business is tough - the last thing that may be on your mind is what happens after you can't run it anymore. Far too many business owners fail to have a business succession plan in place for when they retire, die or are incapacitated, and it could put the very existence of your business at risk.

There are numerous reasons why you should have a plan in place if you don't already. Aside from the peace of mind, these are three reasons why many business owners make business succession planning a priority.

Call White Peck Carrington, LLP to discuss establishing a business succession plan today.

Consider the many reasons to create an estate plan

Many people assume that they don't need to create an estate plan. They believe that their assets will automatically go to their spouse or children upon their death.

While there is no legal requirement to create an estate plan, there are many reasons why you should consider doing so (if you have yet to take action).

4 mistakes people make when they're pulled over for drunk driving

When you are pulled over for drunk driving or driving under the influence, the first thing you may do is panic. Especially if this is your first offense, you may not know your rights, and may make a fatal mistake that could make your charges worse.

We have seen far too many cases where someone gets charged with a DUI or DWI and attempts to resolve it themselves, instead exasperating the situation. If you are pulled over, avoid making one of these common mistakes.

More children die from motor vehicle accidents in southern states

Motor vehicle accidents are one of the leading causes of death and injury in our country. But while everybody is at risk when it comes to car accidents, one study suggests that children in particular are more at risk in the South than elsewhere across the country.

A study by The Journal of Pediatrics analyzed auto accidents involving minors across the 50 states, and found that pediatric mortality rates were higher in Southern and Midwestern states than those in the Northeast. Parents should take extra precaution when driving with their children in the car, ensuring all measures are taken to protect them.

Some states consider Textalyzer test to combat distracted driving

It is fairly easy for law enforcement to determine whether or not a driver is drunk driving. But there is no objective test in place to prove whether a driver was distracted driving.

In 2016, 834 people died in car accidents in Kentucky. Nearly a quarter of those incidents resulted from cell phone use and distracted driving. Kentucky has laws in place making it illegal to text and drive – but it is fairly hard to prove whether someone was using their cell phone. One bill proposed in New York, and being considered in other states and cities across the country, is looking to change that.

Parasite linked to swimming pools and water parks on the rise

Next week is the CDC's Healthy and Safe Swimming Week, and their theme this year is the Cryptosporidium parasite -- or 'Crypto' for short. The parasite is commonly transmitted through fecal matter in public swimming pools and water parks, and outbreaks across the country have doubled last year compared to 2014.

Last month we wrote a post about liability in swimming pool related injuries and death, and one aspect of swimming pool liability is the illness you can contract due to the negligence of pool owners.

Here's what happens if you don't have a will at death

You've heard many times that it's important to have a will. Why is it so important, though? Won't your spouse automatically receive your assets if you pass away?

The fact is that your spouse will not automatically receive your assets in most cases. When you die, you will have died intestate, which means the laws of the state where you reside take precedent.

U.S. Justice Department calls for tougher criminal prosecution

During the Obama administration, the United States Justice Department advised that its prosecutors across the country limit jail time and mandatory sentencing for lower level, non-violent crimes. This made it easier for those charged with minor crimes, such as marijuana possession, to receive a more favorable sentence in their case. But some argued that it also led to a rise in criminal activity.

However, the new administration is now reversing this policy, directing U.S. prosecutors to "charge and pursue the most serious, readily provable offense." This aligns with many of the president Trump's initiatives to crack down on crime and support law enforcement across the country. But for lower level offenders, it also means you could be more likely to receive jail time for your offense.

Please contact White Peck Carrington, LLP for any of your criminal defense needs.

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