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May 2023
WHY THE WHEELS OF JUSTICE TURN SLOWLY
The Sixth Amendment gives Americans the right to a speedy trial, but it’s not uncommon for high-profile criminal cases to take a while to go to court. Meanwhile, Supreme Court cases are often years in the making, and personal injury victims can attest to how long it usually takes to receive the restitution they’re owed. So, if we have the right to a prompt day in court, why do the wheels of justice seem to turn so slowly? “Speedy” is a relative term and has been the subject of multiple lawsuits from defendants who believe the government violated their rights. The Speedy Trial Act of 1974 sets federal limits on how long various phases of federal prosecution can take, but the law still allows for certain delays. Many states also have their own statutes regarding what time frame is considered speedy. In addition to this, a surprising number of defendants choose to waive their rights and delay proceedings. While many think a speedy trial is in their best interest, attorneys often need time to compile the best information and make a good case for their clients. A swift trial is not helpful to the defendant if a longer lead time would give them better chances of winning. Unsurprisingly, complicated cases often take significantly longer than more straightforward ones. A DUI case can generally be resolved in months, while murder trials often take years. It takes time to gather and analyze evidence, particularly when DNA evidence is involved. Good attorneys also generally seek out expert witnesses, but they first must locate and interview them. And in some cases, the defendant must undergo psychiatric evaluations before being declared fit to stand trial. Meanwhile, it’s notable that the right to a speedy trial applies only to criminal cases, not civil ones. Criminal cases take precedence when civil and criminal cases are tried in the same court building. Further, many civil matters are resolved by attorneys “on the courthouse steps” shortly before trial. Therefore, courts schedule multiple civil trials on the same day, knowing they will not be able to hear them
all. When fewer cases than anticipated are settled, the court must reschedule some of them.
Civil attorneys must also cope with the same pressures as criminal ones. Discovery, as the evidence-gathering portion of a civil trial is called, can last months. Interviewing witnesses also takes time, and expert witnesses are common in some types of civil litigation. Also, since trials are generally expensive, attorneys often spend a significant amount of time trying to resolve the matter before bringing it to a courtroom. Many people blame their lawyers for delays in court proceedings. The previously listed scenarios are more common, but unprepared or unscrupulous attorneys can sometimes be responsible. Therefore, it’s worth everyone’s time to locate an experienced and trusted attorney, no matter the nature of their case. Even when the attorney is not at fault, a client’s belief that they are can weaken the relationship and create a worse outcome.
The stakes are high in every legal case, so most people want to resolve theirs as soon as possible. But while months or years can
feel like a very long time, speedier trials are often not reasonable, desirable, or favorable. The rate at which the courts move can be an unwelcome surprise to many, but it’s a small price to pay for a fair system.
Please call us at 304-594-1800 to find out how we can help you!
-Jeff Robinette
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COMFORT IN AN EMERGENCY
Why You Need a Power of Attorney
Estate planning is about much more than determining what will happen to your assets after you pass away. It’s also crucial to plan for medical emergencies. In fact, designating financial and health care powers of attorney (POA) should be an essential component of any estate plan. A POA gives someone the legal right to act on your behalf. These documents also outline the specific type of decisions the designated agent can undertake and sometimes detail a single event. For example, if you become incapacitated, designating financial power of attorney will allow someone you choose to handle your finances on your behalf, while a health care power of attorney grants someone the right to make decisions about your medical treatment. Before designating an agent, consider whom you trust with your money and health. Some people might select the same family member to be their financial and health care agents, but others could choose separate individuals. Each situation is different, and you know what’s best for you. While a relative who cares deeply about your well-being may be an ideal health care agent, this person might make a terrible financial agent if they can’t balance a checkbook. Each state has methods for determining who will make decisions for an incapacitated person when they do not have a predesignated
power of attorney. But the process is less than ideal. Having to hash out who should be your representative can cause strife within your family when they need each other the most. Further, an incapacitated person no longer has the ability or right to determine who will take on these crucial responsibilities and make monumental decisions about their care, finances, and life. Creating power of attorney documents while you are of sound mind gives you some measure of control over your future. Fortunately, many POA designations will never take effect, but if the worst happens, you’ll be better off having a power of attorney in place.
CHOOSING THE RIGHT MOMENT The Perfect Time to Claim Social Security
Most of us pay into Social Security our entire working lives, but how much we each benefit from this mandatory investment depends on when we start claiming benefits. Whether you start claiming Social Security at age 62, 70, or somewhere in between is a highly personal decision. But everyone should consider several factors before deciding when to start receiving their checks. The earliest age someone can start claiming Social Security benefits is 62. Many people don’t want to work longer than they have to, so immediately cashing in might seem like a great idea. But there is a catch: People who collect Social Security at 62 receive reduced benefits. According to CNBC, someone who turns 62 in 2023 and begins claiming benefits will receive a 30% lower monthly benefit than if they wait until 67 — and the reduction is permanent.
The full retirement age is 67 for most people still waiting to claim, at which point they can receive 100% of the benefits they’ve earned. But there’s an incentive to wait even longer. Benefits increase by roughly 8% for each additional year you wait until age 70. CNBC further calculates that someone who doesn’t begin receiving benefits until 70 will receive 76% higher benefits than someone who takes them at age 62. If you only look at the amount of your monthly benefit, it’s clear that waiting until 70 is ideal. But you should consider other factors. For example, some people have minimal savings that will not allow them to make ends meet. But if they’re laid off or pushed into early retirement, claiming Social Security might be the only option, despite the downside.
Someone in good health with a reasonable chance of living a long life will generally benefit from waiting. However, someone in poor health at age 62 may want to receive benefits while they still can. (Even then, experts remind you to weigh the impact of survivor benefits.) Before claiming Social Security payments, discuss your long-term plans and goals with your family. Additionally, discussing the matter with your financial advisor is extremely wise. They can evaluate your circumstances and guide you through your options.
Everyone considering claiming Social Security should also evaluate their health.
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THE HEALING POWER OF PETS:
Companionship, Exercise, and Purpose!
Four-legged companions are cute, cuddly, and friendly and work wonders for our mental health and well-being! It makes sense, then, that the first week of May is National Pet Week, part of Mental Health Month. According to the Human and Animal Bond Research Institute (HABRI), pet ownership improves the mental health of 74% of pet owners. In fact, studies have shown that caring for a pet helps relieve anxiety, loneliness, stress, and depression. It even boosts your heart health! The best part is that it doesn’t matter what kind of pet you have — feathered friends, rabbits, and even snakes can be great companions! Here are some of the top benefits of bonding with your pet daily. They provide companionship. Let’s be honest: Nothing beats having a four-legged friend greet you at the front
door every time you come home! That companionship bond can boost your immune system while reducing depression. Also, having a buddy can help you to feel needed, wanted, and valued. Many pet owners even talk to their animals! They encourage exercise. Especially if you have a dog, your pet is sure to keep you active. Canines crave exercise, so while you meet their movement requirements to stay happy and healthy, you also get in your daily steps! Likewise, keeping a cat active requires your energy behind a laser pointer, feather wand, or other toys. They reduce anxiety. According to Johns Hopkins Medicine, petting a dog helps lower cortisol, the hormone responsible for stress. Pets live without concern for yesterday or tomorrow. They only care about the here and now,
which helps their owners feel calm and relaxed. Also, petting and holding an animal allows you to appreciate the beauty of nature, which can be soothing. They add structure and purpose. Pets are creatures of habit — they like to be fed around the same time each day, go on their morning or evening walks, and look forward to playtime. No matter how badly you’d like to stay on the couch, your pet will get you up and moving. A pet’s unconditional love certainly does more than just keep you company! Our pets can genuinely be little lifesavers!
TAKE A BREAK
Ginger Pork Stir-Fry
Inspired by TasteOfHome.com
So do not fear, for I am with you; do not be dismayed, for I am your God. I will strengthen you and help you; I will uphold you with my righteous righthand. Isaiah 41:10
Ingredients
• 1 tbsp cornstarch • 1 cup orange juice • 2 tbsp soy sauce
• 1 small onion, sliced • 1/4 lb fresh snow peas • 1/2 sweet red pepper, julienned • Cooked rice • Green onion, chopped (optional) • Sesame seeds (optional)
• 2 cloves garlic, minced • 1/4 tsp ground ginger • 1 lb pork tenderloin, cut into thin strips • 2 tbsp canola oil
Directions
1. In a small bowl, whisk cornstarch, orange juice, soy sauce, garlic, and ginger until smooth; set aside. 2. In a large skillet over medium-high heat, stir-fry pork in oil until lightly browned, about 4–5 minutes. Remove pork and add onion, peas, and red pepper. Cook until crisp-tender, about 3–5 minutes. 3. Stir in orange juice mixture and pork. Bring to a boil, and then cook until thickened, about 2 minutes. Serve over rice. Garnish with green onion and sesame seeds, if desired.
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Call Now To Speak to An Attorney 304-594-1800 211 Everhart Drive Morgantown, WV 26508
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INSIDE THIS ISSUE
Why ‘Speedy’ Trials Take So Long
1
Why Every Estate Plan Needs a Power of Attorney Should You Wait to Claim Social Security?
2
4-Legged Friends Who Benefit Our Health Ginger Pork Stir-Fry
3
Student Takes C+ to Court
4
BAD GRADE? SUE YOUR PROFESSOR!
During your school career, you probably got at least one grade that was less than you deserved. Maybe you painfully accepted the grade or confronted your instructor for an explanation. Most people choose one of those two options — but have you ever heard of a student taking their professor to court? That’s precisely what this Pennsylvanian student did when she discovered her C+ grade wouldn’t let her graduate. Megan Thode, a Lehigh University graduate student, sued her professor and school for the mediocre grade that would ultimately cost her a degree. Thode reported that due to the incorrect grade, she couldn’t graduate and, therefore, couldn’t pursue a career as a licensed therapist. Thode demanded a grade change from this lawsuit as well as monetary damages. How much exactly? She wanted $1.3 million. According to Thode, this represented the money she would lose from not earning her graduate degree and starting her desired career. We should note that since Thode was the daughter of Stephen Thode, a finance professor at Leigh University, she attended the school for free.
by her evaluation. According to USA Today, when questioned, the professor remarked, “I believed she received the grade she earned.” In fact, Eckhardt testified that Thode had explosive behavior in class, acted unprofessionally, seemed emotionally unstable, and didn’t even heed a warning letter.
As expected, a judge quickly rejected this case in court. NPR announced that, after only four days of testimony in the civil trial, the judge determined the university never breached any contract and did not owe Thode a dime. In the end, Thode changed her master’s degree to human development. She won’t be anyone’s therapist any time soon!
Her professor, Amanda Eckhardt, gave Thode a zero in class participation, lowering her overall grade to a C. And Eckhardt stood
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