Archives for May 2015

Whatever the circumstances that have led to your involvement in legal proceedings, unless you have a background in law or justice you will probably find a lot of unfamiliar law terms and procedures. Without knowing what these terms mean, it can be hard to know what is going on with your case and what you should expect at each step of the court process.

At the Law Offices of David W. Knecht, we strongly believe that you should be properly informed about your case and its progress. Furthermore, we are committed to making sure that not only do you have the right information about what kind of case you are involved in, but that you also fully understand the information so that you know the full implications of your situation. With this in mind we would like to offer a clear and simple explanation of one key legal term that people hear a lot, but may not be able to articulate exactly what it is.

Litigation is a kind of law practice that focusses on the resolution of disputes through the legal system. What are known as “tort” case—when one party alleges that another party has in some way infringed upon their rights or caused them damages—very commonly involve litigation. However, litigation crops up in lots of other types of cases, too; such as family law, divorce proceedings, and probate cases. The defining feature of litigation is that there is an issue being disputed.

You could think of the idea of a lawsuit as a litmus test for whether a case will entail litigation. If you were buying a house and required an attorney to look over the sale contract, you would not want him to sue the seller so there would be no litigation involved. If, on the other hand, you had bought a house and then discovered that your new neighbour was planning to rent out their backyard as a twenty-four hour rehearsal space for death-metal bands, you might consider preventing them from doing that with a lawsuit. This would mean litigation.

Sometimes litigation does mean that your dispute will end up being decided in court, but in reality most litigation cases are settled somewhere along the way—perhaps by a demand letter, or during the subsequent negotiations. This saves potentially huge amounts of money in court costs and legal fees, not to mention your time.

David Knecht has vast experience in the field and is dedicated achieving the best result for his clients. Call Mr. Knecht today to discuss your case.

We live in confusing times with regard to the laws surrounding illegal substances. There is a lot of debate surrounding the way we as a society deal with certain substances, and how we view the problems associated with them. An ever-increasing number of states are implementing drug law reforms, particularly concerning cannabis possession, with measures ranging from partial decriminalization to outright legalization in different jurisdictions.

Whatever the social issues, however, you should keep in mind that the current laws are still enforceable, so it’s a good idea to acquaint yourself with the law, and know which substances are legal and illegal where you live. If you are caught in possession of illegal substances, knowing what to expect will help you to ultimately secure the best possible outcome in your particular circumstances.

Your Rights

When you are placed under arrest, the arresting officer will read you the Miranda rights. Most people are familiar with these rights as they are often quoted in movies and TV beginning with, “You have the right to remain silent…” and continuing on to inform you of your right to legal representation.

Practicing both of these rights is advisable. The police may try to persuade you to make a statement without counsel present. If this happens, be courteous but firm. Insist that you are allowed to speak to your attorney, and do not answer any further questions. If the arresting officer failed to read you your rights, inform your lawyer of that fact.

Talk to Your Lawyer

In order to represent you effectively, your attorney will need to know the circumstances that led to your arrest. Make sure you relate accurately what happened, and in what order. Where were the drugs found—on your person, or under the seat of your vehicle? Why were you approached by the officer in the first place? Your attorney will need to know this to determine whether the search violated your Fourth Amendment rights, in which case it might be possible to suppress the evidence.

There are many possible defences that a good attorney can mount. If you require legal representation now, or think you may in the future, contact David Knecht today.