Archives for October 2017

What Kind of Fees Can I Expect with a DUI Charge?

Unfortunately, the cost of a DUI is very high. This article will summarize some of the costs that you can anticipate, as well as give you helpful links to find out more. Your attorney can also advise you on the costs to be anticipated, and can help you prepare for the road ahead.

Impound Fees. If your vehicle was impounded, you will be on the hook for administrative fees, plus the cost of towing and storage. The administrative fee depends on where the vehicle was impounded, but for instance, the cost in Vacaville can be $234. (See https://www.dmv.ca.gov/portal/dmv/detail/dl/fees/miscdl_fees#misc_duireissue). Also, be aware that the vehicle can only be released to the Registered Owner. However, if the owner is incarcerated, then the jail can provide a Vehicle Release Form.
Driver’s License Fees. These vary depending on the age of the driver, and whether it is a first or second offense, but to give you an idea of the ballpark the Reissue Admin Fee for a Driver over 21, is $125. This link will give you the specifics: https://www.dmv.ca.gov/portal/dmv/detail/dl/fees/miscdl_fees#misc_duireissue.
Bail Fees. If you have been incarcerated, you can anticipate a bail bonsdmen fee. The way it works is that the court sets the bail. The bonds company charges you a fee (usually a percentage of the amount of bail), and then the bonds company pays the full amount to the court. When you appear at your hearing, the bonds company receives their money back, but they earned the fee.
Court Fines. These can run you at least $2,000. According to the Yolo County Sentencing Guidelines for Infractions and Misdemeanors, Effective August 25, 2016, the minimum fine to be imposed for a DUI is $1958.
Other Miscellaneous Court Fines and Fees. The Court will likely impose misc. fines and fees which total at least $300, depending on the jurisdiction. See the excerpt below from the Yolo County Sentencing Guidelines for Infractions and Misdemeanors, Effective August 25, 2016.
Counseling – The amount of counseling ordered and the cost of the classes varies, but a conservative estimate would be at least $200 for counseling and classes.
Restitution – If the DUI involved an accident, the court may order restitution, which means that you will have to pay for the damages incurred by the other driver.
Interlock – An interlock device is placed in your car so that your breath alcohol level is checked before you can drive. The cost can vary depending on the make and model of the vehicle and the company you choose. One company surveyed charged a $60 installation fee and 69.95 plus tax per month.
Insurance – Automobile insurance rates are higher for those who have been convicted of a DUI. To reinstate your license after a DUI, you will have to file a Proof of Insurance Certificate (SR-22). These sites can give you more information about the insurance needed. https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/pubs/brochures/fast_facts/ffdl35

Filed Under: DUI, Legal Advice, Vacaville Attorney, Vacaville Lawyer

What Is the Typical Legal Procedure for a Standard Divorce

When you are embarking on a journey, it is important to have an overview of where you are now and where you are going. Similarly, with a separation, divorce or an annulment of a marriage or domestic partnership, an overview of the system will help you plan ahead. This article will give you a view of a big picture, but be aware that this is a generalized summary that will certainly vary depending on the unique facts of your case, your assets and your family.

1. Petitioner Files Paperwork. The Petitioner is the person who files the paperwork to get the divorce process started. The forms needed to start your case in California can be found at this site: http://www.courts.ca.gov/1229.htm

2. Serve the Forms. The other party (Respondent) needs to know what paperwork is filed. To accomplish this, a person serves the forms to the Respondent. The Petitioner can’t serve the forms themselves because the Petitioner is a party in the case.

3. Respondent Responds. The Respondent has 30 days to reply to the paperwork that is served. There are 4 possible scenarios here:

Respondent Doesn’t Respond. The Petitioner waits 30 days and files the appropriate paperwork for a Judgment.

Respondent and Petitioner Work Out a Written Agreement. Respondent doesn’t respond but the Petitioner files the written agreement between Respondent and Petitioner and the paperwork for a judgment.

Respondent Files a Response and Written Agreement (“Uncontested Case”). This is the “uncontested case,” where one of the parties files and Appearance, Stipulation and Waiver and a Proposed Judgment.

Respondent Files a Response (“Contested Case”). The Respondent files a response, but the parties can’t agree, so it proceeds to the next step toward trial.

4. Disclose Financial Information. Both parties are required to fill out disclosures of financial information within certain timeframes. This is where you submit information, and you must not withhold information or be dishonest about any information.

5. Orders. During the process, either party can request temporary orders relating to child support, spousal support, custody, etc.

6. Mediation. Mediation is where an attorney or an arbitrator assist the parties in seeing whether they can come to an agreement on important issues such as dividing the assets or time with the children.

7. Trial Preparation and Trial. There are various steps that can lead to trial. The discovery stage is where parties are trying to get more information from each other. They can do this with interrogatories, which are questions posed that are required to be answered. Requests for admissions is where you submit a statement to the other side that they have to affirm or deny. There are also requests for production, where certain documentary evidence can be requested. Deposition is sworn testimony where a person is asked questions while they are under oath. These steps help the parties prepare for a trial, where the judge will make a decision on the issues presented.

8. Final Judgment and Timing. Your divorce will be finalized by a document that is signed by a judge. This is when the proposed Judgment that was filed by one of the parties is signed by the Judge and becomes a Final Judgment. Be aware that in California, you have to wait until 6 months after the case is filed and the Respondent has been served before the Judgment is Final.

9. Additional Resources. This is just a primer on the divorce process, but there are many resources for more information. One very helpful resource can be found at http://www.courts.ca.gov/1225.htm.

Filed Under: Divorce Lawyer, Fairfield Lawyer, Family Law, Vacaville Attorney, Vacaville Lawyer

What Should I do if there is a Warrant for My Arrest?

What is a bench warrant and why is there one for me?

Some of the most common reasons why there might be a warrant for your arrest is that a judge issued a bench warrant based on 1) failure to appear in court on your scheduled date, or 2) failure to complete the terms of your probation, or 3) failure to pay fines. A warrant is signed by a judge and authorizes law enforcement to arrest you.

What are the consequences of failing to comply with court orders?

Failure to comply with court orders may result in a mandatory court appearance, additional charges being filed by the prosecutor, a hold being placed on driver’s licenses with the DMV or an arrest warrant.

What does an arrest warrant mean to me?

An arrest warrant puts you at serious risk because a police officer has a duty to arrest you if there is one outstanding. This often happens if you are stopped for a traffic violation, and the officer runs your license and discovers that there is an outstanding warrant. You can also be arrested at your home or workplace or anywhere that you might come in contact with the police.

What can I do if I’m concerned about an arrest warrant?

A criminal defense attorney can tell you if there is a warrant outstanding, what it’s for and the amount of bail. Your attorney can help you schedule a voluntary appearance, so that you can avoid the scene of getting arrested unexpectedly. If you are out of state, your attorney can provide information to you about your options.

Do I have to go to jail if there is an arrest warrant out for me?

Not necessarily. In some cases, your warrant may be able to be recalled without ever having to appear in court, post bail, or spend time in jail. This depends on the particular circumstances. For bench warrants relating to misdemeanor offenses, your attorney can typically appear in your absence to clear the warrant.

Filed Under: Criminal Law, General, Vacaville Attorney, Vacaville Lawyer

5 Ways to Make Sure You Don’t Lose Your Shirt When Splitting Marital Assets

With any looming separation or divorce, you are wise to be worried about the income and assets and how your financial well-being may be impacted. This article will give you some essential background information and five ways to make sure you protect your assets in a divorce.

Background. In California, community property includes all the assets and income acquired during the marriage, and the law requires that the community property will be divided equally, unless there is a written agreement requiring something different.

1. Identify the Extent and Value of Your Marital Assets. This step is vital to protecting your financial future. Discover and document everything you can about the state of your marital financial affairs. In many instances, taking screen shots of information that shows both the information and the date can be very useful down the road.

What bank accounts do you have and how much money is in them?

What investment accounts do you have and what are those values?

Are there employment benefits involved, such as HSA accounts?

What health insurance do you currently have?

What real estate holdings are involved?

What other benefits might be applicable, such as military benefits?

2. Get Your Ducks in a Row About Your Separate Property. In general, separate property is anything acquired before the marriage, by gift or inheritance during marriage, or property obtained during the marriage that can be traced to a pre-marriage acquisition. What does this mean for you? The court is going to presume that any property acquired during the marriage, except by gift or inheritance, is community property. That means that you need to gather the proof to show that what is yours is yours. Look at all sources of documentation to prove your case. This is a list of where to start to look for that proof:

Check emails

Find texts

Ask the gift-giver for any documentation they might have of the gift.

Look for documents or receipts

Check account histories

3. Don’t Sweat the Small Stuff. Most people in a divorce are angry, disappointed and hurt. There is a temptation to be stubborn and to focus on a few key emotional items. If you want to be financially successful in your divorce, you will likely be best served by letting go of the negative emotions and thinking about your marriage as a business that is winding down. Don’t get caught up with issues or assets that don’t have a great value. Time is money, and you will not get the satisfaction that you are seeking out of a “So there!” moment from operating out of revenge or vindictiveness. As much as you can, look at your assets impartially, and seek to make moves that will benefit you the most long-term.

4. Don’t Lie, Cheat or Hide. For many, it is ever so tempting to hide an account here or lie about an asset there. This is typically a very poor long-term strategy for protecting your money. A court can order you to pay the legal expenses of the other side for the search of hidden assets. Those legal fees can add up. Furthermore, a judge can sanction you for lying to the court. Think long-term not short-term, and be forthcoming in your disclosures, not just because it’s your duty, but also because it really is almost always in your best interest financially as well.

5. Hire Competent Help. The legal fees for an attorney can seem daunting, but having an experienced guide help you through the maze of dividing assets will often save you money. Find an attorney who is experienced in divorce and who is committed to helping you reach your goals for dividing your assets.

Filed Under: Divorce Lawyer, Fairfield Lawyer, Family Law, Vacaville Attorney