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Manslaughter charges in the state of Oregon

Regardless of their intent, causing the death of another person in Oregon without just cause could lead to serious criminal charges. Should they find themselves involved in a fatal crash or another such incident, it may be helpful for people to understand the state’s manslaughter laws. 

Depending on various factors, manslaughter charges are divided into four categories – first-degree manslaughter, second-degree manslaughter, criminally negligent homicide and aggravated vehicular homicide. According to FindLaw, first-degree manslaughter charges include the following:

  •          Committing murder while under extreme emotional distress
  •          Causing a death recklessly and with extreme empathy toward the value of human life
  •          Recklessly causing a death while driving under the influence and having at least three prior drunk driving convictions or an assault conviction

Keeping on top of trade secret protection

It is not unusual for Oregon business owners to worry about keeping their trade secrets from being leaked, misused or stolen. Protecting your sensitive business information involves not only physical protection, but legal security as well. Knowing the different ways your information can be taken or stolen is an important part of erecting sound security around your trade secrets.

The U.S. Small Business Administration (SBA) explains that trade secrets should be identified and marked as sensitive or confidential. However, even if labeled as sensitive, leaving your confidential documents in easy reach of any employee will make your secrets not appear to be very secret at all. So you should make extra efforts to separate your secrets from ordinary company information, such as keeping them in their own file cabinet or a locked room.

How can I make the most out of visits as a single parent?

If you’re awarded visitation of your child after a divorce, it’s natural you’d want to get the most out of your visits as possible. This will help build a solid relationship with your kids, which is extremely important after a divorce takes place. To help you get the most the most out of visits with your children, Live About offers the following tips.

Plan a few fun activities

Should you sign a non-compete agreement?

The excitement of getting a new job is very similar to buying a new home, your excitement will be brewing as you are asked to sign several acknowledgement forms, financial forms, tax forms and other documents. When it comes to the papers you are signing before employment, one of those documents may be a non-compete agreement. This is a contract in which an employee agrees not to work for a competitor or create a business that will compete with your current employer after you leave the job.

Non-compete agreements can restrict an employee from finding new work once they leave their current position. Because of this, a non-compete agreement that you may be asked to sign could be challenged in court based on the following factors.

Tips for dads fighting for sole or joint custody

The courts believe that children benefit from parenting plans that actively include both parents. Although it is traditional for mothers to retain sole custody of their child, there are circumstances where it is not the only or even the best choice. Today, more fathers want joint custody and a strong relationship with their children than in times past. At Van Ness, Williamson LLP, we often represent father’s who want to spend more time with their child and take an active role in their lives.

VeryWell Family reports that dads typically have difficulty achieving sole or joint custody. However, there are several things that you can do that encourage the court to look upon their custody petition favorably:

  • Make child support payments consistently and on-time, even if you have an informal agreement with your child’s mother. Keep the receipts, canceled checks and other related documentation to show the courts you provide for your child as agreed upon.
  • Maintain a regular visitation schedule by following the parenting plan set by you and your ex or the court. Keep an accurate record of the time spent with your child, demonstrating to the judge that you take your role as a father seriously.
  • Have space in your home specifically set aside for your child. Adequate living accommodations is a factor when the court considers joint or sole custody.
  • Actively participate in all aspects of your child’s life, from their school activities to social and religious events. Not only does this make your child happy, but it also provides evidence to the judge that you want a meaningful relationship.

Is a prenuptial agreement right for me?

If you have recently become engaged in Oregon, you may be hip deep in wedding plans. Will it be a formal affair or a simple exchange of vows on a tropical beach? While the pre-wedding period is generally a joyous time, it is also the best time to consider a pre-nuptial agreement.

According to HowStuffWorks, a prenup is a private contract, agreed upon by two parties before the marriage begins. The purpose is to address the handling of financial matters if there is a divorce or death. Unlike the common perception, premarital agreements are not only for the wealthy. If you bring personal assets, property, liabilities or children to a marriage, an agreement is appropriate.

Valuation experts can help in partnership disputes

In many ways, an Oregon business partnership is like a marriage. This is often very apparent when the partnership comes to an end. If there are no contracts or similar agreements signed, the split can become complicated. At Van Ness, Williamson LLP, we have experience evaluating litigation risks and helping clients identify the best way to reach their separation goals.

The CPA firm of Gelman, Rosenberg & Freedman reports that partnership disputes may take years to resolve if there is no formal agreement regarding an exit strategy. Having an independent valuation can help smooth the road to an equitable split. Valuation methods may include assessing sales, cash flow, earnings, profits, book value or capitalization of dividends or income.

Gun trusts can help prevent gun violence among dementia patients

Gun violence kills close to 100 people each day. Sadly, there is a chance one of these cases involved individuals with dementia harming themselves or a member of their own family.

Since 2012, there have been at least 15 incidents of a dementia patient committing a homicide with a firearm. Additionally, there have been close to 100 cases of a dementia patient using a firearm to commit suicide. Many people believe that gun trusts can prevent these types of tragedies from occurring.

Why your Miranda rights are so important

When Oregon residents come to Van Ness Williamson LLP looking for a criminal defense attorney to defend them against the charges they face, we find all too often that they voluntary talked to law enforcement officers before talking to us. Usually this is a mistake, and sometimes it is a big mistake. Since so many people, however, erroneously believe that the law requires them to answer any question an officer asks them, we thought we should write this blog post telling you that you never have to voluntarily speak with the police and why this is so.

You likely have heard the Miranda warning many times on TV or in the movies. This is the warning that law enforcement officers read to suspects when they arrest them. As FindLaw explains, the Miranda warning consists of the following four statements

  1. You have the right to remain silent.
  2. Anything you say can and will be used against you in a court of law.
  3. You have the right to an attorney.
  4. If you cannot afford an attorney, one will be appointed for you.

Are post-nuptial agreements considered valid?

Much like a prenuptial agreement, a post-nup establishes ground rules on property ownership and asset division in the event a marriage ends. Because this is a relatively new area of the law, some people worry that their contracts won't be considered valid by the court after their divorce. The Spruce explains why some people opt for post-nups and what elements make them enforceable.

When a marriage runs into trouble it can be tough for many couples to navigate. In this case, post-nuptial agreements are thought to be a last chance at saving a marriage by deciding on areas of conflict. Conflict is often financial in nature, especially when one party has more assets than the other or is a business owner. In the event a conclusion can't be reached, a post-nup can help determine who owns what and how property and assets should be split upon divorce.

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