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Posts Tagged ‘Face Value’

Question about Pardons in Pennsylvania?

June 3rd, 2011 1 comment

I want to begin the process of obtaining a pardon for crimes I was convicted of from an accident back in 2002. Basically I went to 2 different pardon attorneys and recieved very different information. I assume this is because until I pay a retainer they are not going to spend anytime looking at my case. I want some other oppinions.

I was charged with Homicide by vehicle and reckless endangerment for an accident in which I was unable to stop for a red traffic signal and collided with another vehicle in which the other motorist was killed. Back then i was young and nieve in thinking that my attorney would actually help me. Instead he forced me to plead guilty to these crimes. At face value, everyone comes to conclusions thinking I must have done something wrong otherwise I wouldn’t have been charged this way. I say BS, there was no extenuating circumstance that I commited with gross negligence. Now I believe, at most and by talking to other officers, and reading about law that I should have been charged with Carless Driving with Accidental Death. I did nothing to warrant criminal action in that accident.

So talking with one attorney who barely had any facts and contacted the pardon board, said they would not grant a pardon for something like this. She said people need to know about it. She also said the only way I would have a chance is if I could prove I was wronfully charged. The other attorney with little information said I should wait until 15 years pass and then file for a pardon based on the fact that I have trouble obtaining jobs. He said accusing them of excessive charges would not go in my favor and that it is water under the bridge.

These people are contradicting eachother and I am confused. I feel like I have to say I was somehow wrongfully charged, however I am afraid I will get denied like the second attorney said.

Please, someoene who knows something about law give me some advice. I am desperate to have this criminal record removed. I am not a criminal and don’t believe I should be looked at as a criminal.

Thanks for any help.

The second attorney is pretty much right on. The fact that you plead guilty and the facts are not in dispute will make things considerably more difficult.

Your allegation that you were "forced" to plead guilty by your attorney does not hold water. Don’t go there.

The reason people conclude that you "must" have done something wrong to get the charges you did is because that’s how it works. The state "must" prove that you’ve done what the law describes for that charge in order to be convicted. The judge would not allow you to plead guilty to a charge either if it didn’t appear that you actually did what the charges say you did. You can’t plead guilty to bank robbery if there’s no evidence that a bank was actually robbed, and you can’t plead guilty to vehicular homicide if you were simply in a bad accident.

Viaticle Settlement Companies: How They Work

December 16th, 2009 No comments

Death and taxes may be the only sure things in life, and speculating on the former may sound disconcerting to many. Viatical settlements involve selling the life insurance policy of a terminally ill person to a company which pays a lump sum cash amount to the policy owner in return for the policy. The companies buy the policy at a reduced rate of the face value, sometimes as much as 50% of the face value, and then collect the death benefits after the person’s demise.

Viatical settlements are basically a high-risk transaction for the investor, as life expectancy is totally unpredictable. The viator (seller of the life insurance policy) may outlive the predicted life expectancy assigned to him by his doctors. If so, the investor who buys the policy will stand to lose, or at a minimum see his rate of return greatly reduced. The longer the person lives, the lower is the return value of the policy.

A terminally ill person may wish to sell his policy to raise cash to in order to ease the financial strains of his final days. For many people with terminal diseases, this is the only method they have to be able to provide for their healthcare treatment in their final months. While it may sound like investors prey on these people who in turn become victims, that is not what actually happens.

There are many private companies as well as individual investors who purchase life insurance policies. They then become the beneficiaries on the demise of the original policyholder.

Each company will have their own rules for buying the policies. They will likely run a checklist on your policy. For example, most companies prefer that a policyholder has had the policy for at least two years. They may also ask you to sign a release allowing them to access your medical records. This is normal as they need to know the medical life expectancy in order to determine the present value of the future payment. Let’s assume that your policy has a face value of $100,000. That money will be worth far more next year than it will 15 years from now.

You should not accept payments on installments. As per New York State law, all funds must be received at the time of sale. Also, there should be no hidden fees involved at the time of sale. If a fee is undisclosed until the final transaction occurs, it should be taken as a red flag. Why wasn’t the fee disclosed initially? If the fee was disclosed earlier, would that have made another company’s offer more attractive? These are questions you should consider.

Remember, when selling your life insurance policy, the same guideline applies as buying a new car: never accept the first price quoted, and always shop around for price comparisons. Only then will you be sure to receive the best price on your viatical settlement.

Greg Roy
http://www.articlesbase.com/finance-articles/viaticle-settlement-companies-how-they-work-54824.html