If you are looking for a positive result in your legal matter, you should seek a firm that has substantial experience in similar cases.  I have the experience and resources to achieve best possible results in your case.  If you have concerns in any of the following legal areas, I am the attorney for you.  I have a stellar reputation based on my educational and professional backgrounds, and I am highly regarded in the profession, Vermont's courts, and the community of St. Albans.  I am confident that you will not be disappointed in my work on your behalf. Learn more about my areas of practice below.

Bankruptcy

Serious money problems are not a sign of failure.  Financial difficulties can hit anyone, no matter how careful they are with their finances.  You may have been laid off, or you may have made a bad business investment.  While your income may slow down or stop, the bills keep coming in.  Federal bankruptcy law gives consumers and businesses a way to create a fresh start.  Depending on your situation, you may choose to file for Chapter 7 bankruptcy, or "straight" bankruptcy, in which most of your debts are eliminated.  Alternatively, you could file under Chapter 13, through which you pay all or most of your debts over time with oversight from the Bankruptcy Court.  Business owners may be interested in Chapter 11, which gives businesses an opportunity to reorganize.  Whichever type is best for you, bankruptcy can be a useful tool to help you out of your financial problems.  I can help you make the right decision.

Criminal Defense

Chances are, you have never been charged with a crime before.  Whether you have been charged with a felony or "just" a misdemeanor, you now face a process that carries with it the possibility of real and permanent consequences.  Criminal defendants often do not know how serious their own situation is.  You should know that whatever the charge is, it is serious and needs to be addressed.  A conviction for even a "minor" charge can lead to jail time, fines, or both.  And your conviction will become part of a criminal record that can cost you employment and financial opportunities in future.  Now, as never before, you need to fight to protect your rights, and you need a skilled criminal defense attorney who will stand up for you.  Contact me for advice.

DUI/DWI

If you have been cited for DUI/DWI, you should know that the law gives serious consequences upon conviction.  And these punishments drunk driving are even more severe for repeat offenders.  A DUI sentence may require you to pay a substantial fine, serve some time in jail, or both.  In addition to any fines or jail time, your driver’s license may be suspended, even if it is your first offense.  You will have to find alternate transportation and go through considerable effort to regain your driving privileges after a drunk driving conviction.  To add insult to injury, many insurance companies will drop your motor vehicle coverage if you get a DUI.  The companies that will insure you will only do so at a greatly increased premium.  It is easy to see how important it is to protect your rights – and to do that, you need a lawyer who will work to stop these consequences from becoming reality.  Contact me today.

Family Law

-Family law matters can be emotionally draining, particularly when children are involved.  Divorce, custody, and support all concern the most basic human relationships: husband and wife and parent and child.  When a family law issue occurs, it is important to remember that these are legal relationships, as well as emotional bonds.  You have rights and responsibilities in those relationships that will be protected or enforced by the court. 

Divorce is never easy, but I'll be there for you.  However, you must not let yourself be blinded by the emotions involved so that you neglect the many difficult legal issues that will arise in a family law case.  If you are facing a divorce, child custody or visitation, support, or another family-related legal issue, you need expert legal assistance to protect your rights.  I can make sure that you are not taken advantage of during the proceedings.

Immigration

Immigration law affects both businesses and individuals.  Businesses need guidance in complying with the complex employment-related regulations and record-keeping requirements of the Bureau of Citizenship and Immigration Services (formerly known as the Immigration and Naturalization Service).  Individuals who wish to enter the United States need guidance in matters relating to employment-based permanent residence, including green cards, labor certification, immigrant investors, diversity visas, family-based visas, nonimmigrant work visas (H-1B and L-1) and nonimmigrant investor "E"; visas.  Those already in the United States need advice to maintain their status or to sort out asylum, documentation, and citizenship. 

The laws that relate to immigration-the Immigration Reform and Control Act, and the Immigration and Naturalization Act-are complicated, and leave little room for error.  Do not run the risk of being denied your green card.  Contact me to discuss your situation. 

Litigation

To ensure the best possible results for the client, an attorney needs to be willing to take a case all the way to trial.  Many lawyers avoid the courtroom, but I am unafraid of trying lawsuits.  I have built a reputation for credibility in the courts of Vermont and in the legal profession, and that reputation aids your success.  My civil litigation work encompasses motion practice, bench and jury trials, and even appeals where necessary.  My thorough preparation and understanding of all of the facts is essential to trial work, and that effort yields real results for my clients.  I do not take cases with the idea that we will settle - I take cases with litigation in mind, and I try cases to win.

Personal Injury

If you or someone you love has been injured, you know how complicated life suddenly becomes.  My goal is to makeat least one part of your recovery as easy as possible.  When you are injured through the carelessness or recklessness of another, maybe through a car crash or other accident, the law says that the responsible party owes you financial compensation for your injuries, lost wages, medical expenses, and other hardships.  Your family may also have a right to compensation.  I can guide you through the legal process and maximize your compensation.  Whether you are hurt by a car accident, a slip and fall or a defective product, remember - you are owed this money.  At this difficult time, you need to focus on your physical and mental recovery - let me take care of your legal recovery. 

Probate/Estate Planning and Administration

 It may be hard to think about how your family would deal with your affairs and finances after you pass away, but it is essential to do so.  Estate planning allows you to impact the future by directing how you would like your property and assets distributed upon your death.  Clients may chose to do this by having us help with preparing a will or establishing one of many kinds of trusts.  Without proper planning, your estate could go to the government or to people who you did not choose.

I can assist you in making informed decisions about your estate and determine if you need a will.  For existing estates, you and your family may have to go through the probate system, which allows the courts to oversee the distribution of a loved one's assets.  The probate process is easier on all involved if the correct planning has been done in advance.  Let me help you with that process.

Thomas Niksa
Attorney-at-Law
92 South Main Street, 1B
St. Albans, Vermont 05478
(802) 527-1010