Archives for June 2016

Problems with Your Divorce? 5 Ways to Come Out On Top

When people ask if you are having problems with your divorce, the right question might actually be “Is anything actually going right with your divorce?” However to ease the pain and difficulty of the divorce process, here are 5 ways to come out a much better and mature individual:

Try to maintain a professional demeanor

Perhaps one of the main contributors to your divorce includes the fact that you and your spouse have a hard time being civil toward one another, let alone professional.

It can be hard to maintain a professional and mature demeanor throughout your divorce proceedings, however striving to portray those two characteristics throughout the entire process will help things run much smoothly, regardless of how your future ex-spouse behaves.

Know your strengths and weaknesses, at least when it comes to finances

Even if your spouse was the one in the family who balanced the books, you can still get up to speed and know your finances better than ever before sitting down with a divorce lawyer. Knowing your financial strengths and weaknesses before your marriage will also help you improve your spending and saving habits for after the divorce is finalized.

Keep your head above water

While it may feel like so many things are out of your control and money is flying out of your bank account in more directions than you can keep track of, KEEP TRACK OF IT!

Staying out of debt is an important way to come out on top during your divorce and make sure that you are set up for your new single life. Though you may have more expenses than you expect, planning wisely can help keep your head above water through your divorce as well as the first twelve months that follow.

Remember the only two certain things in life

Whether its death, taxes or both, you need to also focus on reevaluating your estate plan in the event that you will need it sooner than you think. In addition to a will, trust, durable power of attorney, and advance health care directive, make sure that you also get ahead by changing your legal documents so they are all ready for the inevitable tax deadline next April. Even if taxes are months away, arranging everything for an easy filing will save you stress later on in the year!

Don’t resign yourself to failure

Feeling that your marriage was a failure, and that you might fail in other aspects of your life, is a completely normal feeling during the divorce process. However, a divorce does not mean that you failed, or that your future is grim. 

As you stop devoting all your time and energy to fixing your marriage, you can now put all that energy into finding success in a new endeavor whether it be continuing your education, switching career paths, or learning a new hobby.

3 Tips Most People Don’t Know About Finding the Right Attorney

Attorney shopping can be quite the headache, especially when you consider that your reasons for actually needing an attorney may be a cause of unexpected stress in your life.  While many law firms claim that they are giving you the best lawyer in their firm, there are many other important factors to consider when finding the right representation for your case.

Here are 3 tips most people don’t consider when trying to find the right attorney:

  • The Right Attorney Is Available For You

Attorneys may be busy and may have a slew of other cases, however the right Attorney for you will be one that is available for you when you need him/her most.

When you’re shopping for an attorney, make sure that during your initial meetings you aren’t rushed out the door, or made to hurry over important details. The right attorney understands that your time and your circumstances are just as important as theirs and won’t make you feel rushed.

  • The Right Attorney Has Experience in Your Specific Type of Case

You are most likely aware that you should seek the help of a divorce lawyer if you want to get divorced, or a personal injury lawyer if you’ve been injured in an accident. However in addition to seeking the help of a lawyer who specializes in your type of case, you should also find one who actually has experience in your type of case.

Though an accidental injury lawyer may know the specifics about getting the compensation you deserve, a lawyer who has had experience with the specific insurance company you’re working with will be the right attorney for you!

  • The Right Attorney Has Confidence in You and in Your Case

In some types of cases, the attorney doesn’t get paid until you get paid, right? While that may be enough incentive for the average lawyer to work hard on your case, it is important to remember that the right lawyer for you will be one that has confidence in you and your case, and doesn’t just want to win for a paycheck.

Having confidence in your case means more than just bragging about their track record with similar cases and behaving arrogantly. The right attorney will exhibit confidence in your case by making the most of your situation, those involved and will in turn provide the best outcome for you.

So instead of being impressed by how many cases your prospective attorney has won in their career, consider choosing an attorney based on their availability, confidence in you, and how many cases they have won that are very similar to yours to have the most success with your case!

3 Secrets Police Don’t Want You to Know About Winning a DUI In California

Many California drivers think that your DUI is an open and shut case and you should just roll over and accept the consequences of your actions. However, regardless of what the police would like you to believe, there are actually several different ways to win your DUI case in California. So whether you have been charged with having a blood alcohol level over the legal limit of .08%, caused an accident, or had a high blood alcohol content test, here are three secrets to beating your DUI:
1.    Breath and Blood tests are not exact sciences.
Although many people charged with a DUI take the word of the breath test without question, many drivers are beating their DUI by challenging the test that got them in trouble in the first place. There are dozens of things that could possibly skew the results of a breath test, including:
•    Being mishandled by the police officer
•    Environmental factors (interference by radio frequencies)
•    You burped or had acid reflux or heartburn that skewed your blood alcohol level.
•    Your low carb diet tricks the breath test into displaying a false high BAC
•    The Breath test itself malfunctioning

2.    Officer Error
In addition to mishandling the procedure of a breath test, there are many circumstances where police errors could lead to a judge throwing out your DUI charge. Police officers are required by law to have probable cause to stop you in the first place, and if they do suspect a DUI and wish to arrest you, they are required to advice you of your Miranda Rights- you know, the “You have the right to remain silent…” rights- in order to use statements against you. While you may know these by heart from your latest Law & Order binge, they are required to advise you of them all the same.

3.    Challenge the field sobriety tests and physical symptoms
Whether the officer arrested you for not being able to balance on one foot, or because the officer believes he smells alcohol in your breath,  these tests and physical symptoms can be explained by non-alcohol related facts. Challenging the charges due to the results of the field sobriety tests or “FSTs” can be as simple as presenting evidence that:
•    you were wearing awkward footwear such as: high heels, boots or uncomfortable shoes.
•    there was poor lighting or bad weather and that is why your eyes appear blood shot.
•    you were eating or distracted by passengers and that is why you were weaving or driving erratically.
•    you were intimidated by the police officer and couldn’t focus.
If you’ve been charged with a DUI, remember that each case must be evaluated individually by an experienced attorney to determine how to aggressively defend your case. Whether due to technical malfunctions, police error, or misunderstanding between you and the police officer, you can use all the facts and evidence at your disposal to defend your DUI and keep your record clean.