Archives for February 2018

Typical Legal Procedure for a DUI Case

                  If you have a loved one who is facing DUI charges, or if you yourself are concerned, this article will provide a general overview of the legal procedure for a DUI case from start to finish.

  1. The Driver Comes in Contact with Police. A DUI case begins when you come in contact with the police.  This typically happens because of a traffic- related incident, such as a traffic violation (speeding or weaving) or a traffic accident.
  1. The Police Notice Indications or Alcohol or Drugs. The police officer may notice a scent of alcohol in your breath or physical symptoms such as slurred speech, bloodshot eyes, etc.
  1. Tests Are Performed by Police. The next step is where the police officer builds the case against you by collecting data through field sobriety tests or chemical tests, such as a breath test or blood draw.
  1. Booked in Jail/Car Impounded. You will typically be booked in jail and your car will be impounded.
  1. Prosecutor Reviews. The Prosecutor reviews the evidence and decides whether to charge you with an offense or decline to file charges.  If you are charged with DUI, it is likely in your best interest to engage and attorney as soon as possible.
  1. Driver’s Licenses Suspension. After the arrest, your licenses is suspended for 30 days. The DMV will automatically suspend your driver’s license after the 30 days unless you request a DMV hearing within 10 days of your arrest. 
  1. Arraignment. This is your first hearing where you have an opportunity to enter a plea of guilty, not guilty or no context. Entering a not guilty plea is very common at this stage, and you should not feel forced to enter a guilty plea even if you believe you are guilty.
  1. Hearings/Plea Negotiations/Motions. You may likely come back to court several times during the course of your case to negotiate with prosecutor or present a motion. A typical motion is a Motion to Suppress, where you or your attorney argue that certain information cannot be considered as evidence in your case because it was obtained in violation of your Constitutional rights.
  1. Trial/Plea. Eventually the case will either go to trial, where you will be convicted or acquitted, or you will enter a plea, or the prosecutor may in rare instances at some point choose to dismiss the case.
  1. Sentencing. The sentencing phase is where the judge determines the appropriate consequence for your actions.  Often sentencing will involve meeting with a counselor, who will ask questions and prepare a report about you for the judge. The counselor may make recommendations to the judge regarding appropriate education or therapy. At sentencing, the judge may impose jail time, community service, and fines.

 

 

Filed Under: DUI, General, Vacaville Attorney

Should You Trust an Attorney with Honors and Awards?

This article will give you a helpful map of the honors and awards that you should be looking for as you consider an attorney’s resume and whether he or she is the right person for you.  This will tell you what to look for and the red flags to avoid in analyzing an attorney’s success and history.

  1. Look for Past Successes. An excellent experienced attorney will have a long history of past successes. This is likely the type of success that you want to give the most weight when comparing attorneys because success in your particular type of case is likely to be the most relevant.  Look for a “Result” tab or “Successes” tab on the attorney’s website.  This will give you an indication of the types of cases the attorney has handled.  You will also get a feel for what a successful outcome in those cases looks like to him or her.
  • A disclaimer on past successes is a good thing. Typically, an attorney will have a disclaimer that states something to the effect that a success in one case does not guarantee a success in your case.  The disclaimer itself is in indication that the attorney is honest and ethical.  An attorney who promises you a particular result should be viewed with skepticism because no two cases are ever identical.
  1. Look for Relevant Experience in Other Roles. Look for experience that is relevant to the type of case you will engaging the attorney to handle.  For example, in criminal law, an attorney who has been on both sides of the case can have a unique perspective that can be helpful to you.  For example, a defense attorney who also worked as either a prosecutor or as a police officer may know the system from the inside out.  Similarly, a family law attorney who has experience as a guardian ad litem, victim advocate, or some other role in the court may be able to draw on that broad exposure to assist you more effectively.
  • Red flag. Experience in other roles can be very effective in building an attorney’s skills, but be cautious of someone who has very recently switched to the area of law you are interested in.  An attorney whose recent experience is relevant to your case is likely more ready to represent you than one who just barely switched to your area of law.
  1. Clerkships can be prestigious and also give an attorney insight into the court system or the political system that the attorney wouldn’t otherwise gain from just practicing law alone.  Look for clerkships on an attorney’s resume, and you may give more credence to clerkships that are with judges in California or your county.
  1. Law School Awards and Honors. Awards from law school may be in the far past, but they give you an idea of the personality type of the attorney.  Look for participation in law school extra-curricular activities, such as Moot Court or Law Review or clerkships completed during law school.
  1. Law-Related Memberships, Community Awards, and Community Service. You will likely want an attorney who is well-respected in the legal profession and the community.  Look for memberships in legal organizations, because these show an interest and connection to those legal specialties or groups.  Look for community awards because these indicate that your attorney has accomplished goals that are above and beyond the norm.  Consider community service that has been done by your attorney because those may indicate a personality that is committed to helping others.
Filed Under: General, General Legal Advice, Legal Advice, Vacaville Attorney

How to Go After a Noncustodial Parent for Child Support

We’ve all heard of child support, which is the amount of money a court orders one or both parents to pay to support their children’s living expenses.  A common complaint is that one parent is not fulfilling his or her child support obligations.  This article will explain the procedure for enforcing child support and provide information on free resources to assist in the process.

  1. Get an Order. An Order is a written document by the Court that shows entitlement to child support.  A verbal promise from one spouse to another is not an Order.
  • If you and the other parent agree. If you do not have an Order, but you and the other parent can come to an agreement about the amount, then you memorialize that in writing and then the Judge will approve it if he or she feels it is in the best interest of the child.
  • If you and the other parent do not agree. If you do not have an Order, and you and the other parent cannot come to an agreement, then you will have to file an action for child support.
  1. Motion for Contempt. The next step, once you have the Order in hand, is to file a Motion for Contempt.  You have probably heard of being “in contempt” of court in a criminal matter.  In a civil matter, such as a divorce, a Motion for Contempt basically asserts to the Court that the other party has not obeyed the Court’s order.  If the Judge grants the Motion for Contempt, then the other parent can be ordered to pay fines or serve jail time.
  • Time limit. Timing is very important!  Be sure to file your Motion for Contempt within three years from the payment is due to avoid having the statute of limitations run.
  1. Driver’s License Penalties. If the payment is more than 30 days late on child support, the DMV may refuse to issue or renew a drivers’ license.  If the payment is more than 120 days late for child support, the State of California can revoke the non-paying parent’s license.
  1. Can interest be charged on missed support payments?  Yes, interest accrues at the rate of 10% per year.
  1. Available Resources.
  • If you are looking for other government resources relating to child support, visit childsup.ca.gov. This website is run by the California Department of Child Support Services and may have helpful resources to assist you.

 

Filed Under: Divorce Lawyer, Legal Advice, Vacaville Lawyer