Archives for September 2016

How to Make Sure You Find the Right Divorce Attorney

No one signed their marriage certificate thinking that it would be ending in a messy divorce one day. While there is no way to plan for a divorce or prepare yourself or your children for the process of dissolving your marriage, here are three questions to ask yourself to make sure you find the right divorce attorney.

Does your attorney understand your needs?

No matter if  the most important part of your settlement be a smooth division of your bank accounts or custody of your children and potential child support payments, your attorney should understand what is of the utmost importance to you. In addition to your divorce, you should be sure that your attorney can also handle any type of visitation and support and in more extreme cases, restraining order and changes in custody. Since children are involved in many divorce cases, your lawyer should also understand the need to delicately balance the conflict and establish boundaries to minimize the hardship for everyone involved.

Is your attorney experienced?

Since no two divorces are the same, it is important to make sure you choose a lawyer and a firm with extensive experience in several areas of family law in addition to divorce. The Law Offices of David Knecht has solid experience in all types of family law including child custody and visitation, child and spousal support, and restraining orders. Having an experienced lawyer also means that they will be able to advise you on the most cost-effective solution for your particular divorce and get things filed and completed quickly.

Can your attorney help you in other areas of your life?

A big life change like a divorce can lead you to consider other immediate or future legal needs. Once your divorce is settled and finalized, knowing that your attorney could possibly provide future legal counsel is a great benefit. Look into other services your lawyer can offer such as drawing up wills or living trusts. While it may seem daunting to take on a new task like estate planning, you may be so comfortable with your lawyer that you will be able to tackle it following your divorce or set up a date in the near future.

Though divorce may not be an easy or quick process, having the right attorney can definitely make it simpler, more cost-effective, and less strenuous for everyone involved.

Filed Under: Divorce Lawyer

4 Things You Should Never Do If You’re Accused of a DUI

If you are facing your first DUI charge, it can be a daunting and stressful time. You may be wondering what will happen next, what you should do next, and how you can get through the entire process quickly and return to normal life. During the process however, here are four things you should never do if you are accused of a DUI:

Confess to avoid a trial

Being arrested and charged with a DUI may feel like the end of the line, but it’s not. Many police officers may try and get you to confess to being under the influence of alcohol and provide details of your intoxication to expedite the processing of any criminal charges against you. However, remember that you have the right to remain silent, and providing a confession won’t do you any favors in the short or long term.

Forget that you are innocent until proven guilty

Once you are charged with a DUI, you may forget that being charged isn’t the same thing as being convicted. The prosecution will have to prove that you are guilty, and provide extensive evidence to that fact. Just because you have been charged doesn’t make you a criminal and doesn’t mean that you will be punished to the fullest extent of the law.

Ignore what comes next

Things will move very quickly once you are charged with a DUI. Not thinking one step ahead of the prosecution will put you at a terrible disadvantage right from the start. While the list of things you have to do seem to be piling up, be sure that the first thing you do is hire an experienced and trusted lawyer experienced in criminal law and DUIs. Once you have a lawyer on board, they will be able to walk you through your options, the evidence, and any possible contingencies.

Forget to Ask Your Lawyer the Right Questions

Since there are probably a million questions running through your head, don’t forget to ask the right questions. While your attorney will go over all the important details of your case with you, don’t forget to ask them these questions as well:

  • Will I go to court?
  • How much will this case cost?
  • The police didn’t require me to take a blood/urine test, is this important?
  • Will I lose my job?
  • How can I avoid a conviction

The legal system can be a tricky maze for those who are being accused of their first DUI. Finding the best DUI lawyer and following their counsel will always be your best line of defense and offense in helping you navigate through the legal proceedings to come and help your life return to normal.

Filed Under: Criminal Law, DUI

What Makes a Great Vacaville Attorney?

Sure, every attorney goes to law school and passes the bar, but what separates an average attorney from a great attorney, and how can you be sure if you have a great attorney? Here are four ways to know you have picked the right attorney in Vacaville.

Speaking and Listening Skills

A great lawyer needs to be able to communicate effectively with a wide variety of people including: judges, police officers, bankers, accountants, other attorneys, and a host of others. 

However, the most important people person for your attorney to communicate effectively with is you. A sign that you have a great attorney is feeling comfortable enough to share everything necessary to your case with them. In addition to sharing on your side, a great attorney will always have complete openness with you and let you know about best case and worst case scenarios for your situation as well as current and evolving strategies.

Good Negotiation Skills

A great lawyer will be a master of negotiation. In addition to arguing your case before a judge either in or out of court, your lawyer will also be negotiating on your behalf. This negotiation can be just as important to your case as evidence for or against you. While the evidence presented may or may not be in your favor, a great attorney can negotiate a jail sentence to probation, or probation to community service in a criminal case, a favorable resolution in your trust litigation case, or a fair division of assets in a divorce case.

Investigation and Research Skill

An attorney may not be a full-time investigator, but he or she will most definitely do their own research and investigation into your case and similar cases to decide on the best strategy to get the best possible outcome. This could include looking into inconsistencies with drug test results for DUI or drug related cases, or discovering secret accounts that your spouse had been hiding during your divorce. Great investigation skills make for great results throughout your case and could mean the difference between jail time and a dismissal or thousands of dollars in spousal or child support.  

Results

A great way to be sure you have a great attorney is to do your own research into their firm and see if they have had success in cases similar to your own. This will also help you realize you are hiring a great attorney by showing you how they have helped clients get charges dropped, cases dismissed, restraining orders granted, and custody awarded, for example. While each case is different, and your results will depend on the facts of your individual case, your attorney should be prepared to fight for the best possible results. 

While no two cases are identical, knowing your lawyer’s previous success rates, being able to comfortably communicate with them and knowing their background and legal skills will give you great peace of mind throughout the duration of your case.

Filed Under: General

Dealing With a Criminal Lawsuit? How to Pick The Right Lawyer

Being charged with a criminal lawsuit is a stressful and overwhelming time for you and everyone involved in the case. With so many issues weighing down on you, finding the right attorney may not be your first thought, but it should be. Having the right lawyer can mean a world of difference for your case and could certainly mean the difference between jail time and acquittal or probation and dismissal. Here are three tips to help you chose the right lawyer for your criminal lawsuit.

Pick a lawyer with success in Similar Cases

You may be charged with DUI, possession with intent to sell, domestic violence, or identity theft. Whatever the case may be and whether a misdemeanor or felony, you need to be sure that you pick a lawyer that has handled similar cases and who has yielded successful results. While it may seem like all the evidence is piling up against you, the right lawyer will have experience with even the most seemingly hopeless cases and will be able to provide successful results for you as they have with their previous clients.

Pick a lawyer who understands both sides of the law

Knowing how a lawyer thinks is one thing, but knowing how the criminal prosecutor in your case will think is another. Knowing the ins and outs of the law from the other side means that your lawyer understands the charges, current precedents in terms of jail time or probation, and how your legal history or prior run-ins with the law will affect the results. The right lawyer will understand the prosecution’s strategy and the legal process that brought you to where you are now to best help you throughout your hearing and possible trial.

Pick a lawyer that will fight for you

Your lawyer should be your biggest fan and biggest support throughout the entire lawsuit from start to finish. Being charged with crime is a serious situation and will require both you and your lawyer to energetically fight for your case from the moment you enter their office. Every case is different, and the results of every case are contingent upon numerous factors such as prior convictions, arrests, precedents and even the prosecutor and judge.

Filed Under: Criminal Law