Archives for December 2016

How To Take Charge of Your DUI Hearing

If you are facing a DUI hearing, you may be feeling overwhelmed and scared, you are not alone.  Most people anticipating a DUI hearing are stressed and concerned.  There are easy steps you can take to be more prepared to have a successful outcome:

  • Bring Someone With You.  If you have the means to hire an attorney, call him or her before your first hearing.  Having an experienced, competent attorney by your side will give you confidence and often streamline the process.  You’re attorney will take the lead in discussing your case with the prosecutor, explain your options, and be by your side as you enter a plea or set it for another hearing or trial.  If you don’t bring an attorney, then you may want to bring a family member or friend for moral support.
  • Look Up Information Beforehand. If you are going to be asking to be represented by a public defender, you may be asked verbally by the judge about your income or you may proffer that information in a form.  Look up the numbers so that you will be accurate and confident in presenting the facts.
  • Dress Appropriately.  Appearance is always important, regardless of whether you are talking about a job interview or a court hearing.  Come to court clean, well-groomed, and appropriately dressed.  Judges strive to be impartial, so you appearance may not impact the outcome in obvious ways, but a judge will likely appreciate a professional, neat appearance, which may have a subtle positive effect on your case.
  • Be On Time.  It seems obvious to be on time to your court hearing, but being punctual can be challenging for many people.  A rights video may be shown at the beginning of the calendar or instructions may be given out.  You can’t go wrong with being on time, so make your hearing a priority.
  • Know the Dates of Your Priors.  If you have prior DUI offenses, you will want to check the dates because how old the prior convictions are will impact how you are treated for the DUI in question.
  • Don’t Drive Yourself.  Typically, you’re license will be suspended on your court date due to the DUI arrest, and it’s just not work the risk to illegally drive.  In some courts, the staff is instructed to watch for defendants who drive, or if you are entering a plea or being sentenced, the judge may ask you how you got to court.  Don’t take chances with driving on a suspended license to the courthouse.
Filed Under: DUI, General

Don’t Do These 3 Things When Looking for a Divorce Attorney

The stakes are high in a divorce, since it involves your children and your assets.  For many people, it is their first experience with the legal system, and they aren’t sure where to start.  Good representation is essential for navigating the system, and avoiding these three mistakes when looking for a divorce attorney will help you have the best outcome:

  • Hiring an Attorney Who Is Not Experienced in Divorce. 

If you have an acquaintance or relative who is an attorney, you might think that he or she would be your best pick since you know and trust them.  While that relationship is valuable, you need to also consider the attorney’s knowledge and experience.  The practice of law can be very broad, and while one attorney may be a wiz at contracts and another at patents, you want to find someone who really knows the in’s and out’s of divorce.  You want someone who knows the judges and mediators in your area and who is comfortable helping you understand and thrive in the system.  One mistake some people make is assuming that all lawyers are about the same in handling a divorce, when in reality, an experienced attorney with years of practice in divorce specifically will give you an edge in your case.

  • Failing to Consider Whether Billing is Flat Rate or Hourly.

Money matters and should be one of your most important up-front considerations.  Your attorney will typically charge you either a flat fee or an hourly billing rate.  There are pros and cons to either option.  With a flat fee, you have the certainty of knowing up front how much your case will cost.  Typically, an attorney comes up with the flat fee price by taking about the average cost of various divorce cases, so by nature, some clients who choose the flat fee option will be overpaying and some who take the flat fee option will be underpaying.  The incentive in a flat fee case for your attorney will be to resolve it quickly and simply, which may impact your attorney’s enthusiasm for litigation or for responding to communications. Alternatively, with an hourly billing rate your pay for the time your attorney works on the case, which typically includes any time reading or answering emails, drafting documents, communicating with staff about your case, or appearing on your behalf. The upside of this billing system is that your attorney is incentivized to go the extra mile because you are paying for each step. The downside is that the bills can add up quickly, and you may end up paying more than you had budgeted.  You should discuss the billing method up front with your attorney, and you should share your thoughts and concerns openly with your attorney to decide the best billing method for your case.

  • Forgetting to Consider Your Attorney’s Negotiating Style

There is no single cookie-cutter style that will be effective for all situations.  Some attorneys are very aggressive, intimidating, and loud-spoken, and these “bull-dog” style attorneys can be effective if you are looking for an attorney who will send a strong message to the other side.  Other attorneys are more conciliatory, and can use their negotiating tactics to facilitate excellent settlements that the mroe aggressive attorneys may find challenging to broker. Another type of attorney may be less impressive in person, but may be extremely well-versed in the system or have excellent writing skills which make them very useful in a case where those skills are needed. You are in the best position to know yourself and your ex-spouse.  Don’t just assume that the loudest attorney on the block is the best. Consider whether your case will be more adversarial or more cooperative, think about your personal preferences, and choose the attorney whose skills are the right fit for you.

In Summary

Have confidence that you can find the right attorney for you and your case. You just need to find someone with the right kind of experience, figure out the most economical and effective billing strategy, and connect with the attorney who has the best skill-set for your particular personality and circumstances, and you will be in a good place to make the divorce process as successful as possible.

 

Filed Under: Divorce Lawyer, General Legal Advice

Your Guide to Finding the Right Fairfield Lawyer

There comes a point in everyone’s lives where they require the assistance of a lawyer. You might need a lawyer to represent you in a divorce or criminal case, or to provide other services such as setting up a business or providing legal advice.  Fairfield has a huge number of lawyers available, so choosing the right attorney for you can be challenging. A successful outcome depends greatly on the competence of your lawyer, so it is imperative that you find the right one for you.  Important factors to consider are the length of time the attorney has been practicing, whether he or she has experience in the particular time of case where you need representation, and whether you feel comfortable with his or her style of practice.

Recommended practices to ensure you hire the best Fairfield lawyers:

 

  • Consider the length of time your attorney has been practicing.

 

Experience is one of the most important qualifications of a good attorney.  A young attorney can be smart and motivated, but an attorney with years of practice will understand issues and know arguments that a younger attorney will likely miss.

 

  • Find and attorney who specializes in your type of case.

 

Finding an attorney with not just years of experience, but years of experience for your particular case is vital to your success.  For example, if you have a criminal charge, such as a DUI, you will want to find attorney who has represented many criminal defense cases in the past.  It is important that your attorney knows the judges and the prosecutor and feels comfortable in the courtroom.  Your attorney’s familiarity can  help you get a better outcome because your attorney will know what arguments will be most compelling on your behalf.

 

  • Schedule a consultation to see whether you feel comfortable.

 

Schedule a consultation with your prospective attorney to discuss your case.  Many attorneys will provide a consultation for not fee or nominal amount.  Come prepared with your evidence organized and consolidated and be prepared to summarize your case succinctly to your attorney.  During the consultation, you can determine whether you feel comfortable with the attorney and his or her style of representation.

 

  • Verify that your attorney is a Member of the California Bar Association

 

Once you have decided on an attorney, you can check to confirm that your lawyer is an active member in good standing with the State Bar of California by clicking here.

If you follow this guide given above, there is no doubt you will end up with one of the best Fairfield lawyer for you and for you rcase.

 

Filed Under: Fairfield Lawyer

How To Take Charge of Your Divorce

Going through a divorce can be a stressful time, but there are several steps you can take to prepare to make your best case.  Organization and preparation are the keys to reducing anxiety and having a successful outcome.

4 Steps you should follow to prepare yourself for a divorce hearing

 

  • Organize all of your assets

 

This is the first and a very important step that should not be overlooked. Make sure you make a list of all the family assets, including bank accounts, stocks, real estate and all other marital assets. The list should date back a few years so that you do not miss out on any crucial information. The judge may order a disclosure of assets, so having this information organized and ready will be vital. Sharing this information with your attorney early in the case will help your counsel more effectively represent you.  

 

  • Organize your evidence

 

Before reaching a verdict the court will take everything into account. This encompasses all the evidence that proves why the case should swing your way. Evidence that will be considered admissible in court typically includes emails, messages and some verbal statements.  Make sure you keep your cool and don’t start bad mouthing your spouse during a court hearing. Keep in mind that everything you say or do can be used against you in court.

 

  • Determine Your Plan for the Interim

 

The process typically includes the judge issuing a temporary order, which tells you what to do until the divorce is final. You should be prepared to tell the judge what temporary arrangements you think would be best and why.  The issues you should consider would likely include temporary child support, temporary parenting plan, where each spouse will live, temporary spousal support, use of vehicles, costs of health care and hospitalization, whether a protective order is necessary.  These issues aren’t simple, but are very important. For example, staying in the family home may feel awkward, but in some cases your presence may be comforting to your children and the discomfort of having you in the home may incentivize your spouse to settle quickly.  Circumstances vary, so you should weigh the pros and cons of each of these factors carefully and consult with your attorney if you have one.   

 

  • Hire a competent family attorney

 

Most people hire the first attorney that they come across which could prove to be fatal to your case. Although attorneys don’t come cheap, it is recommended that you do not try to cut costs when deciding on your attorney. The more competent and experienced your attorney is, the better the chance of your winning your divorce hearing. So, carefully select your attorney, keeping in perspective his or her previous experiences and client’s feedback.

If you follow the steps given above you will be better prepared to take charge of your divorce.

Sources

http://www.lawv.net/Resources/Self-Help-Library/Family/Divorce-Court-Hearings-And-Court-Procedure

http://www.divorcesource.com/ds/divorceprocess/divorce-process-facts-and-tips-4531.shtml

Filed Under: Divorce Lawyer

5 Signs You Picked The Wrong Attorney

Whether you are facing criminal charges or a party to a civil case, you need a good lawyer by your side to help you navigate the legal proceedings. If things are not going well at court, you may have hired the wrong lawyer. Here are five signs that indicate that you might need to find new legal representation.

1. Your Attorney Does Not Pick Up the Phone

An attorney who doesn’t answer your phone calls or emails is simply not paying attention. Frankly speaking, if getting hold of your attorney is getting increasingly difficult, this indicates that your case may not at the top of your attorney’s priority list, or that he/she may be avoiding you or possibly uncertain how to handle your case. Whether your case is large or small, you deserve to have an attorney who is responsive to you.

2. Your Attorney is Usually Late

“Justice delayed is justice denied.” This is a common slogan competent lawyers live by. If your lawyer is missing court deadlines, this will damage your case, and by the time your case is decided, it might be too late. The legal system takes time to reach a verdict as the judge has to consider each and every aspect of the case to ensure that everyone’s rights are upheld. If your lawyer misses deadlines or hearings, your case will be decided in a much longer time span. This will also increase your over-all litigation costs.

3. Your Attorney is Difficult to Work With

If your lawyer is difficult to work with due to a negative attitude, this is a major red flag, as your case depends on how well you communicate your situation to your attorney. If your attorney uses a condescending tone, you need to find new legal representation.

4. You Hear Negative Feedback from Previous Clients

Ask people if they have ever heard about your attorney, as this will give you an idea about his or her reputation. Also check you can check online resources such as the BBB.org to see whether your attorney has any negative reviews.    

5. You’re Attorney’s Promises Seem Too Good To Be True

Your attorney should advise you of the pros and cons of your case, and the risks and benefits of decisions.  If your attorney is telling you things that don’t seem to line up with what is actually happening in the case, then you should question what you are being told. A professional attorney will welcome the opportunity to explain considerations to you and to obtain your feedback on important strategy decisions for your case.

 

Filed Under: General, General Legal Advice