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 |  Practice Areas
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               | Our knowledge, experience and training are supported by our aggressive and proactive style. We have represented individuals and businesses in a wide array of disputes. Please click on any of the following practice area to learn more about the services we provide:
Criminal Defense Have you been arrested? Discuss your case with an experienced Criminal Defense Attorney prior to making decision that may affect your future. From the moment of charging, through trial, our firm will put the extensive trial and jury experience of our attorneys to its best use in your defense. We spend the time necessary to make sure that we have developed the best defenses possible prior to discussing settlement or going to trial. Part of our success in the Criminal Defense arena is our extensive investigation process. We will:
We have the resources and experience to handle any type of criminal defense, including:
Trust someone who knows the system to provide the right representation and guidance. We provide a free initial consultation to discuss your case and defenses and will structure your fee payments to suit your finances. We also accept payment by credit card.
DUI and Traffic Violations We will aggressively defend your rights if you are accused of alcohol-related offenses or traffic violations. We will work to ensure the evidence against you is collected and preserved in a legal manner and your constitutional rights are upheld. We also fight to provide you a fair trial and appeal any errors committed by the court or its participants.
Divorce and Custody Our knowledge, experience and training in family law are supported by our aggressive and proactive style. We also believe in reasonableness and cooperation, however, and adjust our representation to suit the needs of any particular client. We assist clients in all aspects of the law relating to the needs of today's families, including, but not limited to:
Litigation and Appeals We have represented individuals and businesses in a wide array of disputes, including those involving automobile accidents, contested family law matters, breach of contract and many others. We do not promote unnecessary litigation, nor do we shy away from a legal battle. When we think that a case should settle or that we have obtained the best settlement offer under the circumstances, we will tell you. We will not, however, advise you to accept an unsatisfactory compromise and in those circumstances, we will aggressively pursue your case to the fullest extent allowed by the law. Our appellate practice is tailored to the needs of our client. We have extensive appellate experience. Adherence to specific appellate procedural rules and filing deadlines are essential steps that cannot be overlooked or taken lightly for risk of dismissal before the case is even heard. In most cases, a notice of appeal must be filed within a set number of days after the date of a final judgment, so it is imperative to contact an experienced appellate attorney immediately if you believe an error was made at your trial or hearing.
Employment Discrimination Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. There is also a growingbody of law preventing or occasionally justifying employment discrimination based on sexual orientation. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment. The main body of employment discrimination laws is composed of federal and state statutes. The United States Constitution and some state constitutions provide additional protection where the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer.
Probate Probate is the legal process by which a person's debts are paid and assets are distributed upon her or his death. Individual state laws direct the probate court how to distribute the deceased's estate. State laws and procedures vary greatly, so, it is important to consult a firm with expertise in this area of the law to ensure that the deceased's assets are distributed correctly.
Bankruptcy We represent individuals in Chapter 7 and Chapter 13 bankruptcy proceedings, at both the state and federal level, which are initiated by either an insolvent individual, or business, or creditors seeking to have the debtor's remaining assets distributed among the creditors and, thereby, discharging the debtor from further obligation or restructuring and reorganizing the insolvent's debt structure. For more information about how we can help you, click on the subjects listed below:
Chapter 13 Chapter 13 is a useful method by which you can repay creditors as best as you can, while retaining your property. The filing of any bankruptcy provides you with protection by way of an "automatic stay", which means that your creditors must deal with you through your attorney. They may not call you, sue you, garnish your wages or take any other action to collect their debts without court permission. Chapter 13 is funded by a payroll deduction order from your employer or a payment from you if you are self-employed or receive social security. If your employer does not honor the payroll deduction order, it becomes your responsibility to make these payments. While you are in Chapter 13 bankruptcy, you may not incur any additional credit without court permission. An exception is made for emergency situations, such as medical emergencies. Past due post-petition utility bills are not considered emergencies and borrowing to cover such debts would be frowned upon by the courts. Likewise, you may not sell any of your property without court permission. After you file for bankruptcy, you will be required to attend a Meeting of Creditors. During the Meeting of Creditors, the Chapter 13 Trustee will review the proposed payment plan with your creditors. At the same time, your attorney will probably engage in the negotiation process with the creditors which may result in a modification of your plan and a modification in payments. Most creditors have 90 days from the Meeting of Creditors to file claims. (Governmental units have 180 days). If claims are not filed within that time, those claims are barred and need not be paid, unless you consent to do so. Upon the successful completion of your Chapter 13, you will receive a Discharge Order from the bankruptcy court. This means that your listed debts are considered discharged, even if they are not paid in full. This means that these creditors cannot attempt to collect these debts from you. Certain exceptions are made in such obligation, such as long-term mortgages, alimony and/or child support payments, and/or student loans.
Chapter 7 Individuals, who for a variety of reasons are unable to pay their bills, may prefer chapter 7. Chapter 7 gives you a fresh start, while permitting you to pay every bill you are willing and able to pay. Chapter 7 eliminates those debts you are not able or do not want to pay. Valid liens, security agreements and mortgages survive Chapter 7 even though the underlying debt is discharged. Creditors who could repossess your car or furnishings, or foreclose on your home, may still retake their collateral if you get behind in your payments after the bankruptcy is closed. However, you are not responsible for the payment of any deficiency after your collateral is sold. There is a common misperception that you lose your property in a Chapter 7. The bankruptcy act provides very generous exemptions that allow you to keep all property classified as exempt. Your Court appointed Trustee might sell any property that is not exempt. However, very few people have any property that exceeds the allowed exemptions.
Social Security Disability If you become disabled, Social Security Disability Insurance ("SSDI") provides income until your condition improves and guarantees income if it doesn't. It is not a government handout or welfare. It is insurance that you paid for during your working years. You are entitled to it based on mandatory payroll taxes that you have paid and your employer has matched. We provide the knowledge and legal expertise to make the Social Security disability process less confusing, less intimidating and more convenient for people with disabilities. When a worker covered by Social Security becomes disabled or blind, he or she may be entitled to receive disability benefits. In addition, certain family members may qualify for benefits based on the disabled worker's earnings record. Some of the family members who may qualify for such benefits based upon your own earnings record include:
An issue of critical importance to most disabled workers is the availability of health insurance. Fortunately, regardless of your age, if you qualify for Social Security Disability Benefits, you also become eligible for Medicare, including Part A (hospital benefits) and Part B (medical benefits) once you have received SSDI benefits for 24 months. However, the criteria for determining eligibility for Social Security disability benefits are extremely strict and the Social Security Administration is reluctant to award such benefits even in the face of what you believe is compelling proof that you are, indeed, disabled. While private disability insurance may pay for short-term disability or partial disability, or provide benefits when you can't work at your regular job, Social Security does not. Under Social Security's eligibility rules, you must be completely unable to do any kind of substantial gainful work for which you are suited, and the disability must be expected to last for at least a year or result in death. If you believe you are disabled, you should promptly contact your local Social Security Office and submit an application for disability benefits. If you are denied benefits, you should contact an attorney immediately to preserve your rights.
Contract Law We pursue and defend a range of commercial litigation and contract disputes including business purchase/sale agreements, vendor/customer agreements, construction and construction management agreements, employment and shareholder agreements, non-compete, non solicitation, and non-disclosure agreements for employers and employees. Copyright © 2008 by Pignatelli & Mertes, P.C. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. | |