Family Law & Divorce
Child Related Issues
What Punishments Can Be Imposed by a Court-Martial?
There are several punishments that a court-martial can impose on a defendant. These punishments could include loss of pay, loss of rank, or restriction to base. If you are going through a court-martial proceeding, contact the criminal defense lawyers at Mirabella, Kincaid, Frederick & Mirabella, LLC. We will strive to get your charges reduced and obtain the most lenient sentence possible for you.
If you are going through a summary court-martial proceeding, you can receive up to 60 days of restriction to base and 30 days of confinement. A special court-martial can impose stricter penalties such as 3 months of hard labor, a discharge for bad conduct, and up to a year of confinement.
The maximum punishment a general court-martial can give depends on the offense the court is addressing. Some offenses will lead to less than a year in prison while more serious offenses have harsher consequences. General court-martials that address serious crimes, such as murder, can impose the most severe punishments. These penalties can lead to dishonorable discharge, life in prison, or even the death penalty. In addition, offenders can be sentenced to hard labor, loss of pay, and military discharge.
A court-martial can easily change the rest of your life; therefore, do not hesitate to find an attorney who can tackle these issues as your trial is taking place. Call our office at 630-665-7300, or contact us online to schedule a free consultation. Our main offices can be found in Wheaton and St. Charles, Illinois. We serve clients in Naperville, Oak Brook, Lombard, and Kane County.
Should I Hire a Civilian Lawyer for My Military Criminal Case?
Court-martial cases are not handled in the same manner as civilian court cases. Military criminal cases are different because stricter laws regarding conduct are applied to military personnel. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help you understand why hiring both a civilian lawyer and a military attorney can be beneficial for you and your case.
In the armed forces, there are certain conduct laws that only apply to military personnel. Penalties for violating these laws include fines, restriction to base, prison time, loss of pay, and other administrative sanctions.
Depending on the type of charge or case you have, the government may not be required to appoint an attorney for you. If the government does appoint a lawyer, your civilian representation can work alongside the appointed attorney to fight your case with aggression and effectiveness. If you want to do your best to avoid serious punishments such as life in prison or the death penalty, you should retain our experienced criminal defense attorneys.
If you are someone that has been, or is worried they may receive a court martial, contact our offices at 630-665-7300 so that we can schedule a free consultation to formulate the best action plan for your situation. Our offices are located in St. Charles and Wheaton, IL. We serve clients in Naperville, Lombard, Kane County, and DuPage County.
What is Bankruptcy?
There are times when financial situations can be downright overwhelming, and it can feel like there is no way out of any of your debts. If debts become such a significant problem in your life, federal law allows opportunities for fresh starts to relieve that financial stress. At Mirabella, Kincaid, Frederick & Mirabella, LLC we can teach you about the most common forms of bankruptcy you can file.
For those who are seeking to restructure or eliminate their debt, the bankruptcy code allows three types of financial relief. One option is Chapter 7 bankruptcy which is liquidation or “straight bankruptcy.” This form of bankruptcy is the most common because it allows the debtor to start completely fresh. You should consider filing for Chapter 7 bankruptcy if you believe you cannot repay any of your debts, if there are no cosigners involved, or if you expect your creditors to take legal action against you.
Another option is Chapter 13 bankruptcy which can allow you to adjust your debts. This method is used for those who have a consistent source of income and would like to pay their debts if they were able to do so. The debtor can arrange a payment plan between three to five years that will have to be approved by the courts. You will often be allowed to keep larger assets such as your home.
Finally, Chapter 11 bankruptcy applies to commercial enterprises that would like to continue operating their business as they schedule repayments of their debts. Upon the plan’s approval from the court, the business can consolidate, unload debt, and reorganize for a fresh start to hopefully prevent future massive debts.
If you or your family believe that you may have to file for bankruptcy, please contact our offices at MKFM Law so that we can review your information during a free consultation. Do not suffer from crippling debt any longer. We can be reached at 630-665-7300. We serve clients in Elmhurst, Oak Brook, Will County, DuPage County, and across Illinois.
What is an Order of Protection?
A civil order of protection is a court order entered in domestic relations or criminal proceedings in order to protect survivors of domestic violence. It will enforce penalties or liabilities to ensure protection for the victim of domestic violence. Orders of protection are not criminal themselves, but the orders are often used in criminal proceedings. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we assist domestic violence victims with pursuing orders of protection. We also help clients who are recipients of protective orders challenge the order and address the legal ramifications of the court order.
Orders of protection can also be acquired during the divorce process. One of the benefits of an order of protection is that they can be obtained without any notice—making them very difficult for the opposing counsel to legally challenge the order. Parents are allowed to get a hold of an order of protection for their children as well.
There are a few different types of orders of protection. One is an emergency order which can be enforced the day someone requests it. It usually only lasts for 2-3 weeks. Another type of order is an interim order. A judge can give this type of order to someone after the other party has been served. This could last up to a period of 30 days. The third type of court order is a plenary order of protection. It can only be issued after a court hearing and may last up to two years.
If you have been a victim of domestic abuse, or if you have been accused of domestic violence and have a court order issued against you, please contact our offices at Mirabella, Kincaid, Frederick & Mirabella, LLC so we can answer questions involving your potential case. We have served clients for decades all over the west Chicagoland area including towns in Kane and Kendall counties such as Wheaton, Naperville, St. Charles, Glen Ellyn, Batavia, and throughout Illinois. Call us at 630-665-7300, or contact us online to schedule a free initial consultation.
How Much Does it Cost to Hire an Attorney to Represent Me Against My Employer for Sexual Harassment?
If you or someone you know is considering hiring an attorney to file a lawsuit against your employer for sexual harassment, you should be aware of the potentially high bills some lawyers will try to charge. Allow us at Mirabella, Kincaid, Frederick & Mirabella, LLC to explain your pricing options.
If you are looking to find a lawyer for your potential sexual harassment case, we advise that you do not hire him or her on an hourly basis. This is an easy way for some untrustworthy attorneys to drain your bank account in the form of high hourly costs. At our firm for MKFM Law, we represent victims of sexual harassment on a contingency basis.
What that means is that if we were to accept your case, we will not charge you hourly fees that can cost you an astronomical amount. Instead, we will wait until we reach a settlement or resolution for your case. Once your lawsuit is over, we will take a percentage of the money that we were able to obtain on your behalf.
If you have been quoted an outrageous price for hiring an attorney for a sexual harassment lawsuit, do not get discouraged. Allow us to look over your case and come up with an action plan that will be the most cost effective for you. We have been helping clients in the West Chicagoland area for decades and doing our best to serve our clients with experience, honesty, and open communication. Please contact us at 630-665-7300 so we can schedule a free consultation at our office.