Consumer Info

Blog and Other News

This is our blog and where the Ruston Attorneys at Goff and Goff Attorneys post consumer news and information concerning consumer safety, divorce law, injury law, family law, wills and estate law, succession law, dangerous products and recalls, news and information relative to criminal defense, federal criminal defense, criminal appeals, estate planning, elder law, auto accident law, car wreck law, and other information that is germane to the friends and clients of the Ruston attorneys at Goff and Goff.  

We will also post information and articles here that are too lengthy to post in facebook or on twitter.

Spring Cleaning — Expunge your Criminal A rrest and Conviction Records in Louisiana

The job market is getting tougher every day. With more and more people competing in the workplace, youthful indiscretions and run-ins with the law can have a great impact and may very well be the difference between you and an otherwise equally (or less) qualified competitor. Filing expungement proceedings may be your answer. An expungement is a legal process whereby a person’s criminal conviction and arrest records may be made non-public. (Certain crimes (such as sex offenses) cannot be expunged. Additionally, certain agencies (such as the Louisiana Board of Nursing) still have access to the records. 

Generally, there are two situations in which a criminal record may be expunged, namely when the arrest does not result in a conviction (such as pre-trial diversion or intervention, dismissal, acquittal, failure to prosecute) or after a certain period of time has elapsed between the completion of the sentence and the filing of the expungement. This period is generally five years for the expungement of misdemeanor convictions and ten years for the expungement of a felony record.

“Processing fees” are now required to be filed with the expungement paperwork. These fees total between $500 and $600, depending on the crime. Some of the fees can be by check, but some must be by money order. Louisiana law provides that the processing fees are non-refundable, so it is vitally important that your expungement paperwork be prepared correctly before it is filed. 


Fingerprinting and background checks are now required under the new law. An expungement cannot be filed without these documents. The background check must be an official check from the State of Louisiana. Your local clerk’s office cannot provide you with a criminal background check that would qualify. It can often take up to a month to obtain this check. 

When the legislature changed the expungement law in 2014, lengthy delays in favor of the State of Louisiana were added. After the filed expungement pleadings are served, each agency, including the State of Louisiana, has sixty days within which to object. If there is an objection from the state based on a technicality or otherwise, then the judge will set the matter for a court hearing to determine whether the objection was legally based and whether the expungement pleadings were properly drafted. If there is no objection, then an order may be presented to the judge. That order is again served on the agencies, who are to then expunge their records. The state usually sends back a certification. It can take several months for the state to get to your expungement and send out the certification. Accordingly, the sooner your expungement is filed and you are in the pipeline, the sooner your expungement can go through. The state handles these orders on a first-come-first-served basis.

Under the new law in Louisiana , expungement of a criminal record has become a very specific, expensive,  and time-consuming process. Much of the judge’s discretion has been taken away. If done incorrectly, the $500 or more in “processing fees” (expungement court costs) may be be wasted. Contact a Louisiana expungement lawyer so that your expungement is done correctly the first time. It often costs  more in legal fees to try to fix an improperly handled expungement than it would have to have hired an expungement attorney to do it right the first time.

DEBT COLLECTION SCAM HITS ELDERLY IN RUSTON AREA!

        Elderly in the Ruston area are being targeted by unscrupulous debt collectors resulting in the loss of thousands of dollars.  Recently, an elderly client, Mr. Smith (not his real name) was terrorized by an out-of-state debt buyer. A debt buyer is a company that buys old, often uncollectable debts from the original creditor for pennies on the dollar.   Mr. Smith, a man in his 80s, lost his wife to cancer nearly 20 years ago.  While she was ill, the couple ran up a large credit card bill for living expenses, and in the end the client was unable to pay them.  The debts were written-off by the credit card company as uncollectable many years ago.  At some point a debt buyer purchased the account.

        Last month, 18 years later, and long after the statute of limitations on the debt had run, Mr. Smith received a phone call from the debt buyer.  The caller threatened to take Mr. Smith’s bank account and to garnish his social security, his only income, if he didn’t comply with the demand for immediate payment. Afraid he would lose everything, Mr. Smith agreed to pay $4000 that day, and make monthly payments against the remaining balance. Mr. Smith gave the collector his credit card number and access to other financial information.  A few days later, Mr. Smith began to wonder if he had done the right thing.  He contacted his credit card company, but the credit card company refused to reverse the $4000 charges.  Devastated and in tears, Mr. Smith contacted the Elder Care Law Attorneys at Goff and Goff.  Bank accounts cannot be garnished without first proving the validity of the debt in court and obtaining a judgment. Social security is not subject to garnishment for bad credit card debts.  The debt collector lied to scare this vulnerable senior into paying a debt that was no longer due. 

            The attorneys at Goff and Goff were able to get the client’s money back quickly, but only because he realized something wasn’t right and took action.  PLEASE alert your elderly friends and relatives to be weary of these types of calls!  If they have already been scammed, they need to take action immediately.  Call an attorney.  If you call Goff and Goff, we would be honored to help.  We practice in the areas of Elder Law, Family Law, Wills and Estates, Successions, Personal Injury and Criminal Law    

Protecting your Children through the Custody and Divorce Process

We know how frustrating and scary it can be.  You want to protect your children from the ugly aspects of your divorce and child custody case, but your spouse is hell bent on putting them in the middle, making them chose sides, or worse, turning them against you.

You fear asserting your parental rights and the rights of your children to the guidance and maximum contact with both parents will ratchet up the tension, bitterness and venom from the other parent.  Taking the high road while insisting on the right thing for the children can be a difficult task.  You need help.  You need guidance.  You need a divorce attorney who understands the ins and outs of this battle.

The knowledge and support gained by hiring an experienced child custody attorney can take the fear out of the process, help you deflect the bitterness and manipulation of the other side, and help you stay on that high road for the sake of your children.  A child custody attorney will clarify the law as it relates to your situation, what your true rights are and how the courts will likely apply the law to your circumstances.  A child custody lawyer can help you plan your response to the bitterness and manipulation, guide you through the child custody process, and increase your chances of a favorable outcome for the children. 

If you need help with a child custody matter, please call us at 318-255-1760.  We are here to help.  Put Ruston child custody Attorney Shelley Goff’s 25 years of experience negotiating and litigating child custody cases to work for you.

 To learn more about child custody and how a child custody lawyer can help in your case, read “Child Custody 101,” found here


Ruston Family Law Attorney Published in Nationally Circulated Magazine

Recently Ruston family law attorney Shelley Goff was asked to write an article for the The Warrior, national legal journal. The article is entitled “Irreconcilable Differences:  The Use of TLC Methods in Domestic Relations Cases.”   Gerry Spence's Trial Lawyers College teaches lawyers methods for presenting the truth to judges and juries and is usually thought to apply to personal injury and criminal defense cases.  In her article, Shelley, a 2004 graduate of the prestigious college, outlines how she uses these methods in representing parties to divorce, child custody, support, and other family law cases.  The article appears in the magazine’s Winter 2013 issue.  

TLC Warrior TOC







Ruston child custody and visitation lawyer Shelley Goff - state registered Mediator.

Recently Shelley Goff has become a registered mediator for child custody and visitation cases.  A mediator is a neutral third party that helps couples going through a divorce try to work out issues without the expense of going to court. In doing so, she does not render legal advise.  The parties to the mediation may, but are not required to have legal representation at the mediation while they try to work out their differences in hopes of limiting or eliminating the issues that they raise in court.  Often mediations are an efficient and economical method of handling family law issues.  Under some circumstances, courts require parties to attempt to resolve their disputes through mediation before litigating the issues in court. 


North Louisiana criminal defense lawyer Shelley Goff invited to join National Trial Lawyers - Top 100 Trial Lawyers

Recently criminal law attorney Shelley Goff was selected to join the National Trial Lawyers - Top 100 Trial Lawyers.  According the the unsolicited invitation letter, the organization evaluated Ms. Goff’s qualifications and determined that she exemplified the superior qualifications, trial results, and leadership in her area.  




Ruston attorneys at Goff and Goff volunteer in the Junior Judge’s Program.

Recently Shelley and Add Goff, together with 4 other members of the Lincoln Parish Bar Association volunteered at Ruston Elementary School teaching through the Junior Judge’s program.  During the program, the attorney watched videos with the children  and discussed the tough situations presented in those videos.  Together with the children they would come up with the appropriate choices and responses would be if the child were facing a similar  situation. The situations included cheating, destroying property, bullying, teasing, stealing, drugs, alcohol, gangs, and weapons.  

Ruston Criminal Defense Attorney Receives Blackstone Recognition from LACDL for winning Federal Criminal Jury Trial

The Louisiana Association of Criminal Defense Lawyers (LACDL) recently recognized criminal defense attorney Shelley Goff with the association’s prestigious Blackstone Order 10:1:







Ruston Attorney A. Kennon Goff, III again named in Best Lawyers in America

We recently received the following letter informing Goff and Goff attorneys that senior partner Kennon Goff has again been named as one of the best attorneys in the United States:

"Congratulations on having been selected by your peers for inclusion in the 2012 edition of The Best Lawyers in America®in the practice area of Personal Injury Litigation - Plaintiffs. Indeed, special congratulations are in order as you are one of a distinguished group of attorneys who have now been listed in Best Lawyers® for twenty-five years or longer. For nearly three decades, Best Lawyers has been regarded – by both the profession and the public – as the definitive guide to legal excellence in the United States. 

Selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey (comprising more than 3.9 million confidential evaluations by your fellow top attorneys) and because no fee or purchase is required to be listed, inclusion in Best Lawyers is rightly considered a singular honor. Our annual, advertisement-free publication has been described by The American Lawyer as “the most respected referral list of attorneys in practice.” 

***

Again, congratulations on being selected by your peers to be included in Best Lawyers"


Goff and Goff listed in U.S. News & World Report's "Best Law Firms"

We have recently been informed that our firm Goff and Goff Attorneys has been named as a first-tier ranking law firm for the Shreveport, Louisiana metropolitan area in the field of Personal Injury Litigation:  

"We are delighted to inform you that the 2011-2012 U.S. News - Best Lawyers 'Best Law Firms' rankings are complete and that Goff and Goff has earned impressive placement...The rankings are based on a rigorous evaluation process that included thousands of clients, highly skilled lawyers and law firm representatives. An unprecedented amount of data was collected, emphazing...the significance of your firm's presence in this unparalleled guide to law firm expertise.... We congratulate Goff and Goff on this success."

The publication is due to be released in November, 2011.


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Gun Law Matters Twitter Feed (@GunLawMatters)

Below is the twitter feed from our website  (www.GunLawMatters.com), which is dedicated to gunshot related legal issues, and our law practice involving gunshot injuries, hunting accidents, dropfires, accidental discharges, defective firearms, defective ammunition, tree stand accidents, and other gun safety related litigation handled by the gun lawyers at Goff and Goff Attorneys.

Consumer Product Safety Info and Child Product Recalls


Common Legal Jargon and Legalese

Plaintiff-a person who brings a case against another person or entity in a court of law.

 

Defendant- a person or entity sued or accused in a court of law.

 

Deposition- the written record of a witness's out-of-court testimony.

 

Summary Judgment-Rule of Civil Procedure 56 permits any party to a civil action to move for a summary judgment to a claim, counterclaim, or cross-claim, when he believes that there is no genuine issue of material fact and that he is entitled to prevail as a matter of law. 

 

Interrogatory- a written question that is formally put to one party in a case by another party and that must be answered in writing and under oath.

 

Discovery- the compulsory disclosure, by a party to an action, of relevant documents or other information requested by the other party to the proceeding.

 

Trial- a formal examination of evidence by a judge or jury, in order to decide guilt in a criminal case or obligations in civil proceedings.

 

Product Liability-Refers to the legal liability of manufacturers and sellers to compensate buyers, users, and even bystanders, for damages or injuries suffered because of defects in goods purchased. (Click here for more information)

 

Tort- wrongful act or an infringement of a right (other than under contract) leading to legal liability.

 

Court of Appeal- a court that reviews the rulings of a trial (district) court.

 

District Court- a state or federal trial court.

 

Jury- a body of people sworn to give a verdict in a legal case on the basis of evidence submitted to them in court

 

Expert- a person who has a comprehensive and authoritative knowledge of or skill in a particular area.

 

Succession- the action or process of inheriting a title, office, property, etc. after a person’s death.

 

Heir-a person legally entitled to the property or rank of another on that person's death

 

Legatee- a person who receives a legacy from a will.

 

Probate- the official proving of a will in court.

 

Forced Heirship- those persons whom the testator or donor cannot deprive of the portion of his estate reserved for them by law, except in cases where he has a just cause to disinherit them. 

 

Will-a legal document containing instructions as to what should be done with one's money and property after one's death.

 

Codicil-an addition or supplement that explains, modifies, or revokes a will or part of one.

 

Executor (Executrix)- a person or institution appointed by a testator to carry out the terms of their will.

 

Administrator (Adminstratrix)- a person legally appointed to manage and dispose of the estate of an intestate, deceased person, debtor, or other individual, or of an insolvent company.

UNDER CONSTRUCTION - PLEASE CONTACT US WITH YOUR QUESTIONS



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