Showing posts from 2016

When Is A Marriage Annulment A Possibility?

Virtually every newlywed couple dreams of forever when they say "I do." Unfortunately, the divorce rate in the United States is currently hovering around 50%, which means that roughly half of all new marriages will end at some point. Divorce is the most common means by which a marriage comes to an end, but it is not the only option. Today, our family attorney in Osage Beach MO is here to help educate you on another means by which marriages may end: annulments.

What Is An Annulment?

An annulment is similar to a divorce in that it marks the dissolution of a marriage. Unlike a divorce, however, an annulment wipes the slate clean and makes it such that, in a legal sense, the marriage never even existed. An annulment essentially declares a marriage "null and void." Couples who get divorced are recognized as having been married previously, but couples who get their marriage annulled receive no such recognition.

Why Get An Annulment?

Divorce typically results when couples who…

Understanding Your Miranda Rights

"You have the right to remain silent. Anything you say can and will be used against you in a court of law."

If you've ever watched a TV show or movie that depicts police officers making arrests, you've probably heard this warning uttered by the officers as they take individuals into custody. In real life, law enforcement's failure to properly deliver the Miranda Warning can be a critical component of criminal defense at the Lake of the Ozarks and around the rest of the country.

An Overview Of The Miranda Rights

The Miranda Warning serves to remind defendants of these rights:
The right to remain silent, as anything said can be used against you in court.The right to consult with an attorney. If you cannot afford an attorney, one will be appointed to represent you.The right to have an attorney present during police questioning under certain circumstances.
A defendant may invoke these rights before or during a custodial police interrogation. Once a defendant has invoked h…

Healthcare Directives: An Overview

Even under the best circumstances, certain situations may require family members to make tough decisions about their loved one's end-of-life care. Having an advance healthcare directive in place can help prevent unnecessary stress during this already challenging time. Keep reading to learn more about this important aspect of estate planning, courtesy of the team at O'Donnell Law Center.

What Is A Healthcare Directive?

Simply put, a healthcare directive is an official document outlining how you would like your healthcare to be handled. In the event that you become incapacitated or otherwise unable to make decisions for yourself or to communicate your wishes to others, this document will guide your named health care agent as he or she makes decisions on your behalf.

What's Included In A Healthcare Directive?

Typically, healthcare directives utilize a Durable Power of Attorney for Healthcare and a Healthcare Declaration / Living Will to identify several elements pertaining to you…

Is A 'Suspended Imposition Of Sentence' A Viable Option For Your Criminal Case?

In many criminal cases where the defendant is found guilty, the Court orders a sentence to serve as the consequence for the crime committed. Depending on the severity of the crime, the sentence may include a fine, jail/prison time, or a combination thereof. In certain situations, however, the imposition of a sentence may be "suspended," allowing the defendant the opportunity to avoid a fine and confinement. O'Donnell Law Center is here to help you understand this unique situation and how it may be applicable to a criminal case.

What Is Suspended Imposition Of Sentence?

Suspended Imposition of Sentence (often abbreviated as "SIS") is a sentencing option trial courts sometimes use when the defendant is placed on probation. This probationary period may be supervised or unsupervised, depending on the Court's order. As its name suggests, an SIS order "suspends" the sentence while the defendant is on probation. Typically, the sentence remains suspended as…

Things To Know About Criminal Defense

Until they become personally involved in a criminal case, most people tend not to think about criminal defense in much detail. They know crimes happen, people are charged and go to jail, but vague knowledge such as this is not nearly as impactful as being directly involved in a criminal case. When you are facing criminal charges, things get very serious, very quickly.

O'Donnell Law Center hopes that you never have to be involved in a criminal case at the Lake of the Ozarks. Life is unpredictable, however, and sometimes securing criminal representation becomes necessary. Our criminal defense attorney in Osage Beach MO is experienced at defending the rights of the accused. Keep reading to learn some important aspects of criminal defense.

You Have The Right To Remain Silent.
The Miranda Rights refer to your right to remain silent during custodial interrogations. Police officers are required to inform suspects of this right before interrogating them, else they risk having a confession an…

Social Media Used As Evidence In The Courtroom

Anything You Post May Be Used Against You In The Court Of Law

The onset of social media drastically changed the judicial system as we knew it. Before, we relied largely on seeking out and retrieving physical evidence and witness testimony to build a case for court.  Social media, which now comes to us on our phones, introduced an entirely new method of building (and attacking) legal cases. Social media has become one of the first sources people go to when looking for evidence to support their cases. The team at O'Donnell Law Center is here to shed some light on how today's social media platforms influence the legal world.

Understanding Basic Premises

Social media has been used in courtrooms for several years now, and it is widely viewed as a valid, acceptable form of evidence. For this reason, deleting posts or deleting/deactivating accounts and profiles during legal proceedings is often considered tampering with evidence and can be subject to fines and other penalties.

Once somet…

National Business Women's Week: Supporting Today's Working Professionals

Women are playing increasingly prominent roles in the modern workforce. Women were once found almost exclusively in homes caring for their families, and now they are holding higher and higher positions of power in both small and large companies. In recognition of the contributions and achievements of working women, the Business & Professional Women's Foundation has designated this week (the third week of October) as National Business Women's Week.

As a woman-owned business, O'Donnell Law Center is excited to celebrate this week-long observance. In honor of National Business Women's Week, we are dedicating today's blog to some of the business law services at the Lake of the Ozarks to our local professional women.

Business Formation
Starting a business is a thrilling - but often daunting - process. Our legal team is here to help take the weight off your shoulders by assisting with the formation process. We can help you determine which type of business entity will be…

Everyday Reasons To Call Your Attorney

"I'm calling my attorney!"

When you hear the above phrase in movies or the media, it's often sensationalized, used as a threat, or only uttered in extreme circumstances. As a result, many people mistakenly assume that they should only reach out to an attorney at the Lake of the Ozarks in times of crisis. While it is true that having an attorney on your side during an extreme situation is valuable, you don't have to limit your contact with your attorney to these scenarios. In fact, there are many everyday situations where an attorney's counsel can be helpful. O'Donnell Law Center is here to provide a few examples.

Hiring And Managing Employees

As a business owner, ensuring that the proper steps are taken when hiring employees is essential. In order to protect your company's interests, you'll want to ensure that every detail receives proper attention. As your trusted business legal team, we can help you draft solid employee agreements and non-compete a…

Insurmountable Debt: Today's Financial Crisis

8 in 10 Americans are in debt (Source: We all dream of achieving a debt-free lifestyle, but the unfortunate truth is that most of us will never get there.

However, having debt is not necessarily a bad thing. Car loans and mortgage loans, for instance, allow us to own cars and homes that we would never be able to afford if were limited to making out-of-pocket purchases. If you fall behind on payments, though, even "good" debt becomes a massive financial burden. If you or someone you know is struggling with delinquent debt, having a debt collections attorney on your side may be worth its weight in gold.

Debt In America - A Brief Overview

Americans are currently facing a debt crisis, with figures at all-time highs. Here are a few eye-opening statistics about the current debt level in America:
The total outstanding consumer debt is $3.4 trillion.*38.1% of households carry some amount of credit card debt.*Student loan debt currently exceeds all other forms of non-mortgage …

Understanding Maintenance Laws

In Missouri, when a couple files for divorce, one of the spouses may seek financial support from the other. This support, formerly referred to as alimony, is known as maintenance. A judge may make a maintenance order when one spouse cannot sustain living expenses and the other spouse is able to provide financial support. To help you understand the laws related to spousal maintenance, O’Donnell Law Center has outlined some points here. To continue this discussion please contact our Lake of the Ozarks family law attorney.
When is Maintenance Awarded?

A judge will determine whether a maintenance order will be awarded after evaluating several factors, including whether the spouse requesting support has sufficient income and resources, and whether the spouse can become self-supporting with job training or education. A spouse may also require support if he or she is the parent of a child, or children, who require in-home care and a job outside of the home would be unsuitable.
How is Maintenanc…