Archives for January 2018

3 Things Most People Do Wrong When Being Charged With a DUI

When you have been charged with a DUI, it is easy to focus on negative

1. What Most People Do Wrong:  Panic, Give Up, or Focus on Regret. What You Can Do Right:  Spend energy on affirmations.

    • You can’t change the past, so you need to put your energy into the future.  Here are some affirmations that will help you be confident in yourself and your future happiness.
      • Know that you may have defenses that you aren’t aware of yet.
      • Understand that everyone makes mistakes, and you can always recover.
      • Forgive yourself and focus on what you can learn from the experience to help you in the future.

2. What Most People Do Wrong:  Delay.  Procrastination is one of your most dangerous enemies if you have been charged with a DUI. Some people requesting a DMV hearing and miss the deadline, others delay seeking legal counsel immediately, others wait to begin changing harmful habits.   

What You Can Do Right:  Take immediate action!  

  • Request a DMV hearing to avoid the default, which is a suspended license.
  • Immediately start looking for an attorney who is experienced in criminal law, particularly DUI.
  • Change your habits starting now, so that you don’t end up in more hot water. Make sure you do not risk getting another DUI. If you struggle with substance abuse or alcoholism, work with your attorney to identify treatment programs or counseling that you may work into a plea deal if you decide not to go to trial.

3. What Most People Do Wrong:  Spend money as usual, and forget to set aside funds for DUI.  What You Can Do Right:  Start preparing financially.   If convicted, you will be facing costs of fines, counseling, and eventually increased insurance costs and an interlock device when you can drive again.  These costs add up, so now is the time to start preparing financially to handle those responsibilities.

      • If you qualify, a public defender can save you costs.  Some defendants prefer to hire a private attorney.
      • Start setting aside money from paychecks to allocate to DUI expenses.
      • Talk to family members about assisting you during this time, if they are able to contribute.

A DUI can be challenging, but you can hit it head on by being proactive.  Don’t give up or panic.  Find an attorney who may be able to assist you in beating the charge.  Take immediate action to defend yourself and your right to drive. Prepare financially to put yourself in the best position to succeed in making the most of a tough situation.

 

Filed Under: DUI, Fairfield Lawyer

3 Things to Know About the Discovery Process for a Divorce Case

If you are going through a divorce, you may hear terms that you don’t understand.  One of the terms that is heard often is “discovery.”  This article will explain the basics of discovery – what is discovery, what types of methods, and what types of information are produced– so that you can understand the procedures and terms that will be used in your divorce.  

1. What is discovery?

  • In legal cases, both parties need information.
  • The process for obtaining this information is called “discovery.”  
  • One question clients often ask is whether you can hide information or lie about it or say that it’s too private to disclose?  
    • In general spouses are under obligation to make a full and accurate disclosure and failure to do so can result in a Motion to Compel and ultimately sanctions.  However, your attorney is in the best position to assists you in properly responding in the discovery process.

2. What are the different means of discovery?  Here is a sample of some of the most used methods of obtaining information in the discovery process for a divorce case:

  • Depositions – interviews with parties or non-parties.
  • Interrogatories – written questions to the other party.
  • Requests for Admission – similar to an interrogatory because it is in writing, but with these you are not asking for information, you are asking for it to be admitted (i.e. confirmed or ratified).
  • Inspection Demand – where a party wants an opportunity to review certain documents or things.
  • Request for an Income and Expense Declaration. If support has been ordered (child, family or spousal support), then one party can use this to obtain production of a current income and expense declaration and income tax returns.

3. What types of information are typically discoverable in a divorce case?  The range of information that can be gleaned from discovery is very large.  In general, it covers any unprivileged information that is relevant to the case. In layman’s terms, it’s relevant if it could be admitted as evidence in the case or if it could lead to relevant evidence in the case.  Here are a few examples of the types of information that could be requested in discovery:

    • Employee payroll information – since this is important to proper division of community property and to determine child support and spousal report, this information is typically part of the discovery process.
    • Business Records or tax returns — If one of the parties has a business, then the information about the value of the business and its assets will be important to determine.
    • Information about where the child is – If one parent does not know the whereabouts of one or all of the children, this information can be obtained in discovery.
    • Domestic violence convictions – This type of conviction impacts the safety of the child.  Often one parent is aware of the history of child abuse or domestic violence of the other parent, but if not, this information could be found out through discovery.

 

Filed Under: Divorce Lawyer, General Legal Advice

How to Know If You Have Chosen the Right Family Lawyer

You are getting a divorce. Or perhaps you have happy news, and you are adopting a child. It can be liberating, overwhelming, stressful, or exciting or all of the above.  No matter how your family is changing or how you feel about it, the most important action you can take to ensure that it goes as smoothly as possible is to find the right lawyer.

1. Experience. Experience. Experience.  If you don’t have someone with experience, you have the wrong attorney.

  • Education is not the same as experience, so it almost goes without saying that your attorney is not fresh out of law school and working on his or her first family law case.
  • Ask your attorney how many family law cases he or she has handled.  A
  • Ask about the outcomes of your attorney’s previous cases.
  • Ask how comfortable your attorney is with hearings, in the court room, and in your jurisdiction.
  • Don’t just be satisfied with surface answers but really dig to make sure that your lawyer is knowledgeable, confident, and accomplished.

2. Find the Lawyer that Fits Your Style.

  • You know your situation and your personal preferences better than anyone else, so find the lawyer that is a good fit for you.  Here are some types to look for:
    • “The Bulldog” – some attorneys are extremely brash and aggressive. This might be the type of person you need if you have a bully for a spouse in a divorce or if there are issues that will be hotly contested.
    • “The Negotiator”– some attorneys are excellent at finding the win-win for all parties and for the family, and they can be effective in selling solutions even to an adversarial spouse.
    • “The Researcher” – some family law cases involve assets that are complex.  Perhaps a you own a business together, perhaps some of your assets are also owned with other family members or in-laws. If you know that your assets are complicated, you want an attorney with the patience and finesse to handle that type of case.
    • “The Problem-Solver” – some families face unique problems – care for a special needs family member for example or perhaps a parent’s job that places unusual hurdles that make the case atypical.  If you see that your divorce falls in this category, you want to find an attorney who can think outside the box and who isn’t just trying to fit you into one of a few typical scenarios.

3. Make sure Your Attorney Is Within Your Budget.

  • You can expect a family law case – whether divorce or adoption — to put a strain on your finances, even if you have a fairly large family budget because it is an out of the ordinary expense.
  • Ask your attorney how he or she anticipates your case will go.
  • Don’t be afraid to push for an estimate on costs.
  • Find out how you will be billed and who will work on your case.
  • Inquire about the most cost-effective means of communication with your attorney and his or her staff – i.e. emails, calls, texts, etc.

 

 

Filed Under: Family Law, General

5 Secrets to a Successful DUI Defense

If you are facing a DUI charge, the most important step is not to give up.  The government has the burden to prove its case against you, and there is hope for a good resolution.  This article will give you the 5 most important secrets to preparing your DUI defense.

1. Request an administrative hearing with the DMV regarding your Driver’s License within 10 days.

  • What is this hearing? – You only have 10 days from the date of arrest to request a hearing at the DMV office.  The formal name is Driver Safety Administrative Per Se “APS” Hearing.   
  • What happens if I do request it? – A DMV hearing officer (not a judge) presides over this hearing.  This officer cannot fine you or send you jail.  The sole issue is whether or not your driver’s license should be suspended.  
  • What happens if I don’t request it? – If you don’t request a hearing, the default is that your license will be suspended 30 days from your arrest.

2. Get an attorney that has experience in DUI cases.

  • Attorneys are not “one size fits all.”  There are many different areas in which attorneys specialize.  They also greatly range in experience and competence.
  • Look for an attorney who focuses on criminal law and who has experience.
  • Find an attorney who regularly practices in the court where you will appear so that your lawyer will know the judge and the prosecutor well or at least have been in front of them before.

3. Use the DMV Hearing to Learn More about the Case Against You.

  • Bring an attorney and gather information.  You have the right to be represented by an attorney at the DMV hearing, and it provides a good opportunity for you and your attorney to find out information because you can do the following:
    • Hear the evidence against you
    • Subpoena witnesses (such as the arresting officer)
    • Present testimony of witnesses (such as a passenger who was with you)
    • Cross-examine witnesses
    • Testify yourself.

4. Consider a Motion to Suppress Evidence

  • A Motion to Suppress is basically a document that requests that the Judge disallow certain evidence against you on the basis that it was illegally obtained.  
  • This Motion could be challenging the reason for the traffic stop, the questioning conducted by a police officer, etc.
  • A Motion to Suppress is very fact-specific based on your particular case, so be sure to consult with your attorney on whether this Motion would be effective in your case.

5. Consider a Plea Bargain.

  • Although some Defendants relish their “day in court,” there are instances where a plea bargain may be a safer bet given the evidence against you.
  • Like the Motion to Suppress, the decision on whether a plea bargain is right for you is very individual to your specific case.  You will need to consult with your attorney, but keep your mind open to a plea bargain because sometimes the best defense is when your attorney negotiates an advantageous bargain for you.

 

 

Filed Under: DUI, General