Archives for June 2017

How to Help Yourself When Dealing with an Ugly Divorce

Whether you were married a short time or for forever, whether you have kids or no kids, there is no easy divorce.  The end of a marriage is emotionally challenging for all parties involved.  If you have a spiteful spouse or a challenging custody situation, then the emotional toll can be even greater.  This article will give 5 tips on how to help yourself handle the emotional, financial, and physical trauma of an ugly divorce:

  1. Focus on Yourself.  When you are going through a separation or divorce, you need to give yourself permission to focus on you and what can best meet your needs.  This means something different for each individual.  For some, it may mean taking time to get outside and reconnect with nature.  For others, spending the time and money on massage or manicure may be therapeutic.  You may be in a place where you just want to lie in bed and be sad and do nothing.  You need to allow yourself to grieve in your own way.
  2. Take One Day At a Time.  Facing a big life change can be overwhelming.  You may be wondering what will happen with children, finances, property, other assets, common friends, relatives, etc.  Remember that those things will sort themselves out as things evolve and progress.  If you focus on taking one day at a time, trying to accomplish what is necessary to succeed in just that one day, and facing the problems and challenges that arise in just that day, then you’ll be better able to manage the stress of separation or divorce.
  3. Reach Out to Family and Friends.  One emotion many people struggle with in separation or divorce is a feeling of failure or shame, and consequently it’s common for people to shy away from family and friends during the separation or divorce process.  A different perspective may help you overcome those negative emotions.  Consider how many friends and associates you know that are divorced.  Look online to see the statistics on the success rates of relationships.  Take steps to reassure yourself that you are in good company if your marriage did not work out as hoped.  Reach out to family and friends because they love you and will support you through this difficult time.
  4. Talk About Your Feelings.  Throughout the separation or divorce period, you will likely be on a rollercoaster ride of emotions.  Anger, sadness, disappointment, relief, happiness, fear and every other emotion are likely to overcome you at different times in the process.  Take the time to open up to a trusted friend or family member to talk about how you feel.  Try to find someone who is not affiliated with your former spouse, so that you can feel that the person is entirely on your side.  You may want to be cautious of posting your feelings on social media or other public forums, but don’t miss the chance to discuss with a therapist, group, good friend, or family member.

 

  • Focus on a Bright Future.  Although seeing a bright future may be challenging right now, when you are grieving over what was lost, you may find benefit in sitting down and making a list of positive thoughts, goals, and feelings.  Consider a new hobby to take up. Think about dreams that were previously unfulfilled that may be an available opportunity now. Realize that the growth that you will experience through this challenge will make you a stronger, more empathetic person.

Separation and divorce are tough, but if you concentrate on taking care of yourself, living one day at a time, reaching out to family and friends, sharing feelings and focusing on a bright future, you will find that you can achieve greatness in this difficult time.

Filed Under: General

3 Things Most People Do Wrong After Getting a DUI

If you were just charged with DUI (Driving Under the Influence), then the last thing you want to do is make any more mistakes.  This article will explain what people often do wrong and what to remember to avoid those pitfalls.  

 

  • Mistake: Post to Social Media/Publicize to Friends.

 

Remember: “You have the right to remain silent.”

After getting a DUI, many people are fired up and furious.  Many feel that they were treated unfairly by the police or that there were extenuating circumstances in their case.  If you feel this way, you may be right, but you should exercise your right to remain silent even when you are not in custody.  Your public social media accounts are not the right place to post details about your arrest or charge, because anything posted publicly could potentially be used against you as an admission.  It is also a common mistake for people to tell friends or associates at work about the criminal charge.  While it may be therapeutic to share the story, it is often better not to share this information with friends or co-workers, as news often travels fast and there may be professional repercussions to you.  Remember, you are presumed innocent, so don’t let your own mouth get you into trouble before you have had your day in court.

 

  • Mistake:  Procrastinate.  

 

Remember:  “If you fail to plan, you plan to fail.”

Denial is real, and after getting a DUI many people want to forget about it and inadvertently lose track of details.  Some throw the paperwork in a drawer.  Others fail to find out when their administrative hearing is for the Driver’s License.  Many will put finding an attorney on their mental task list, but not follow through in taking that step.  The most important step you can take in your defense is the first one.  As the old adage says, you eat an elephant one bite at a time.  First, organize your paperwork.  Next, identify important dates:  When is your administrative hearing?  When is your first court date?  Third, decide on your legal defense:  Are you going to request a public defender?  Are you going to hire a private attorney?  

 

  • Mistake:  Have Another Run-In With the Law.   

 

Remember:  “An ounce of prevention is worth a pound of cure.”

So you have a DUI.  It’s not good news, but it is manageable.  Even if it’s not your first DUI, you need to remain calm and focus on the future, not the past. The most important step you can take is to keep your nose clean and stay out of trouble.  The worst mistake you can make is to compound the DUI with subsequent criminal offenses.  It’s common for people to have problems after the DUI, so expect this from yourself and prepare for it.  Depression can push people back into an addiction cycle, where illegal drug use may be a problem.  Enlist the help of family members and friends to avoid anything that could lead to criminal offenses:  do not drink and drive, avoid situations that may erupt in domestic violence, beware of illegal drug use, do not drive if your license is suspended).  This is how you avoid the “big things,” but there are other small things you can do.  If you are a passenger, encourage the driver to obey traffic laws. Avoid situations or friend groups where illegal activities may be occurring, even if you aren’t participating.  The bottom line here is do everything you can to avoid getting charged with another crime.

 

 

 

 

Filed Under: DUI, Vacaville Attorney

Vacaville Legal Problems?  How David Knecht Law Can Help with Criminal Defense

Are you looking for the best criminal defense attorney in Vacaville?  Do you need the best DUI attorney in Vacaville?

The seasoned attorneys and staff at the Law Office of David Knecht have the experience, knowledge and gumption to fight for you no matter how small or serious your criminal charge may be.

 

  • David Knecht was a police officer and detective for over 13 years before becoming a lawyer, so he knows the system inside and out.
  • At David Knecht law we take the time to thoroughly analyze your case:  
  • to understand who you are, including your personal situation , past history, physical condition and every other factor that my help us to prepare your defense
  • to listen to what were the circumstances of the arrest, to analyze what was said and done, and look for weaknesses in the case against you
  • to discuss the police report, the police questions, the tests or procedures that may have been performed.
  • At David Knecht law, we have had successful outcomes in representing clients in a variety of type of cases
  • Looking for an attorney in Vacaville to represent you for a theft or fraud charge?  Mr. Knecht has represented clients accused of identity theft, possession of stolen property, fraudulent use of credit cards, grand theft, petty theft, auto theft, embezzlement and more.  You can trust that he has experience.
  • Looking for an attorney in Vacaville to represent you for assault and battery? Whether you are looking at assault with a deadly weapon, domestic violence, robbery, gun crimes, etc., Mr. Knecht will represent you with knowledge and confidence.  
  • Looking for an attorney in Vacaville to represent you for drug offenses?  Whether you are facing illegal possession or sale of cocaine, methamphetamine, marijuana, prescription drugs, Mr. Knecht understands these charges and how to defend them.
  • Looking for an attorney in Vacaville to represent you for sex offenses? Mr. Knecht’s experience working child and adult sexual assault cases gives him unique insight into these offenses and how to assist clients in seeking reduced or dismissed charges.   

 

Whether you are looking for an attorney to assist you in defending theft, fraud, assault and battery, possession of drugs, sale of drugs, DUI, or some other crime, look no further than David Knecht Law.

 

Filed Under: Criminal Law, Vacaville Attorney, Vacaville Lawyer

3 Reasons Smart People Hire a Lawyer After Getting a Criminal Charge

A criminal charge is likely to affect both your freedom and your bank account.  You may be aware that jail time is a possibility, but do you know how much jail time is common for your offense?  Do you know the fines typically involved?  Can you anticipate what counseling or classes might be involved?  

One thing you may not know is that even attorneys typically don’t represent themselves in criminal cases.  There is value in having someone else look at the facts and represent your interests. This article discusses why smart people hire a lawyer to represent them in a criminal case and how to best utilize your lawyer to defend you.

  1. Evidentiary Defenses.  If you are thinking that you are guilty because you did the thing that you are accused of, then you aren’t thinking like a lawyer.  Attorneys know that it is the government’s (city/county/etc.) burden to prove that you are guilty beyond a reasonable doubt.  Just because you did something doesn’t mean that the other side can prove it.  Furthermore, you have a right to be secure against unreasonable search and seizure.  How this translates to your criminal charge is that the police have to use legal means to stop you and search you.  If they fail to stop or search you properly, then the evidence that they find can’t be used against you.  At attorney knows these rules and can assist you with evidentiary defenses.  
  2. Plea Bargain.  If you are planning to enter a guilty plea, an attorney can help you get a fair plea bargain.  A lawyer who regularly practices criminal law in your jurisdiction will know what to ask the prosecutor for and what the best approach for that particular prosecutor is.  Often, jurisdictions have standard plea bargains, so you will want to be represented by someone who knows what those are and can ask for at least that bargain or better.
  3. Confidence.  Hiring an attorney will give you confidence and prepare you for what will happen.  The legal system is complicated, and you will benefit from having an experienced guide to help you navigate the system.  Your attorney will know what needs to be done and how to do it.  He or she will stand by you if you enter a plea or face the court to receive a sentence.  Your attorney can speak to the Court on your behalf, so that the right things are said.   

Evidentiary defenses, plea bargaining, and imbuing you with confidence are just a few areas where an attorney can provide value.  Be sure to ask your attorney questions, be proactive in assisting your attorney to develop a strong defense for you, and follow the advice of your counsel.  

Filed Under: Criminal Law, Vacaville Attorney, Vacaville Lawyer