About Benjy Schirm, J.D.
Benjy Schirm is a storyteller, writer and advocate. He attended the University of Iowa as an undergrad, worked as a theater artist, and went on to earn a J.D. from Western Michigan University so he could take his storytelling from the stage to the courtroom. He has contributed to legal publications in Minnesota, and is a North Star Lawyer, full-time public defender serving Rice County, and on the 4th District Ethics Committee as an investigator.
Articles written by Benjy Schirm, J.D.
Sentencing Hearing Primer in Minnesota
Major steps in the American judicial process include meetings with prosecutors, law enforcement, or agents of the state, and hearings before a judge or magistrate. If someone who has been accused of a crime enters a guilty plea at one of these meetings or hearings or is found guilty by a jury or judge at the conclusion of a trial and adjudication, a sentencing hearing will be scheduled. Here’s what can be expected to occur at one. What's the Purpose of a Sentencing Hearing? The purpose of a …
Who Owns Your Image? Understanding Your Right of Publicity
Imagine riding your bike past a bookstore in Seattle. And to your surprise, they have T-shirts and mugs with your face on them. You’ve never authorized any use of your image, nor have you ever been into the bookstore. What can you do? What Is the Right of Publicity? The right of publicity is your legal right to control how your identity is used for commercial purposes such as advertising, including your image, likeness, and name. “It’s fundamental that the right of publicity is something …
How To Legally Protect Your Artistic Creation: License Your Art
The end is sometimes just the beginning. For an author, the last page of a novel opens a whole new chapter in the publishing process and business of distributing the work. In today's digital world, the instant gratification model has become the norm for consumers, and as such, many will happily download a book for free. But what if you haven't authorized your original work to be given away for free online? What protections do you have, or can you get? "When a client walks into my office and …
Creating a Family Trust or LLC in West Virginia
Properties are exchanged for any number of reasons. A family-owned real estate interest, be it a hunting cabin, expensive beachfront vacation home, or mineral interests, has issues that can be disastrous if there isn’t an adequate plan put in place. “A family should develop some kind of vehicle to continue to own and manage the property, and provide some creditor protections in the event that family members are in trouble or someone was hurt on the property. It provides protections, …
Suing for Sexual Abuse in Missouri
“I think it started back in the ’80s with the Catholic church abuse scandal,” says David Mayer, a personal injury attorney at Monsees & Mayer in Kansas City, Missouri. “People started to realize that sexual abuse is a problem, and agreed we need to fix this. When I was growing up in the ’60s, if I or one of my friends said that a priest molested them, no one would have believed them.” Mayer has handled several civil cases against sexual abusers, and he’s thankful that the rise …
Offshore Tax-Penalty Forgiveness Program Closes in 2018
All citizens, regardless of where they live, are required to file a tax return. Many people who are obligated to file these returns face no tax liability, meaning they probably won’t pay any tax. But failure to file even an informational return every tax year can result in dire consequences. “Millions of people, ex-pats living out of the U.S., are not filing returns,” says Miami-based tax litigator Alan L. Weisberg. “Informational returns have a ton of penalties associated with not …
What You Can Do If You Have a Defective Tree Stand
Missouri deer hunters who use elevated tree stands risk falling from the stand at some point during their lifetime. While many of those falls end with bruises or twisted joints, some end with broken bones, neurological injuries, or even paralysis. If you or a loved one has fallen from a tree stand, you may be wondering if you can get compensation for your injuries. If the tree stand was somehow defective, you may be able to. What Is a Products Liability Case? A products liability case is …
Can I Sue for Gun Manufacturing Defects?
A common cause of gun-related accidents is manufacturing or design defects in the trigger systems of some rifles. “Remington has had problems for 60 years with their model 700, which has a tendency to misfire when you shift the mechanical safety from the safe to the fire position,” says Timothy W. Monsees, a product liability lawyer at Monsees & Mayer in Kansas City, Missouri. “It doesn’t involve pulling the trigger, but the safety virtually acts as a trigger.” So what happens if …
What Does Plead the Fifth Mean?
Pleading the Fifth refers to protections under the Fifth Amendment to the U.S. Constitution against self-incrimination. If you think a statement could expose you to criminal prosecution, you can assert your constitutional right to remain silent. Understanding your legal rights can help you avoid unjust treatment by law enforcement and the courts. If you have questions about pleading the Fifth and your right to remain silent, talk to a civil rights attorney for legal advice. Understanding the …
Legal Issues Stemming from Postpartum Depression
According to the Centers for Disease Control and Prevention (CDC), one in eight women who have recently given birth experience symptoms of postpartum depression. Postpartum depression is defined as a mood disorder under Illinois law. The American Psychological Association (APA) says that postpartum depression (PPD) “doesn’t go away on its own. It can appear days or even months after delivering a baby; it can last for many weeks or months if left untreated.” For new mothers experiencing …
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