Archives for April 2019

3 Things Stupid People Do After Getting a DUI

Following the arrest for a DUI, many people tend to make mistakes that can cost them more money, or possibly end up serving jail time for their mistakes. If you have been arrested for a DUI, it is important to contact an experienced attorney right away to understand the legal process and the next steps to take. Here are three things stupid people do after they get a DUI.

 

Arguing Instead of Writing Down the Story

One critical error that occurs following a DUI is failing to write down your recount of the arrest. Here are some of the things you MUST note and have on record to help you through this process:

  • When and where were you stopped for a DUI?
  • What was the reason for the officer stopping you?
  • Did you receive a breath test? What did the machine look like?
  • Did you tell the officer about anything you had to drink?
  • Did the officer perform additional tests such as eye tracking, one leg stand, and walk and turn?

Writing down your account of the event will help your attorney as they gather more information to focus on pleading your case. Far too often people spend their time yelling and screaming about their innocence that they fail to see what needs to be done to move forward from this point.

*Important Tip – Make your social media accounts private so the courts cannot use the information you have posted online. Let’s say you posted photos of you partying and drinking on the night in question, it’s not hard for the prosecution to slap you with a penalty and prison time when the evidence is there to support the officer. 

 

Failure to Hire Representation

DUI cases are extremely serious. Whether this is your first case or multiple offenses, you need to have an attorney on your side to help you navigate life post-DUI. Using a court appointed attorney can be tricky as they might not have the experience you need, and you may end up waiting around in prison for months to get a trial date.

DUIs are extremely complex and they do require a great deal of time, research, skill, and experience in a specific manner. A skilled DUI attorney will focus on using their abilities to provide you with a favorable outcome in the court system.

 

Failure to Request a Hearing

Another issue we have seen is people fail to request a DMV hearing. The DMV hearing is designed to help you keep your driver’s license. You typically only have 10 days after your arrest to request the DMV hearing and start the process of improving your driving record and hopefully preventing your license from being suspended.

A DUI case is one of the most stressful events you can encounter. It is natural to worry about what will happen, but it is important to have trust in the skilled attorney you have hired. If you need a Vacaville DUI attorney, contact our office. We have handled hundreds of DUI cases with successful outcomes for our clients.

Filed Under: General

5 Character Traits All Good Family Attorneys Possess

With over 1.34 million attorneys practicing in the United States today, how can you be sure you have selected the best person for your case? Is it the intelligence of the attorney, their experience, or their personality? While there are core elements every attorney must have, there are some elements that people might overlook that could truly help them identify the good attorneys from the lackluster ones. Here are five traits that a good family attorney will possess.

 

Compassion and Understanding

Going into any family law case is going to be emotional, so you need a person that understands this mentality. The goal of a good family law attorney is to aid in resolving the problem effectively and in the best interest for their client and family. At David Knecht Law, we often deal with cases that are sensitive in nature, and we always approach each case with compassion for the situation and understanding the best way we can handle the case. We want to gain your perspective and help you to see the full picture of how the legal matters will play out.

 

Excellent Listening Skills

Another key element to being a good family attorney is to learn to listen. Effective communication is vital to a client/attorney relationship. We not only listen to our clients, we listen to everything pertaining to your case and strategizing how we can work in your best interest.

 

Integrity and Assertiveness

As an attorney, having integrity is vital. The legal world can become quite confusing and manipulative without the right person. Integrity is something we take seriously in our practice and are assertive in the courtroom to ensure the other party is approaching the case with integrity. Good attorneys are upfront with you about your case, and where your case may have some areas of weakness, and strength.

 

Patience and Perseverance

One of the most common questions people want to know is “How long will my divorce take?” Unfortunately determining how long a case will take is all up to the nature of the case. Does the other party want to move things along swiftly and amicably? If so, your ability for the divorce to be over quickly won’t take long. However, there are so many issues in family law cases that it can often end up being years before a case is completed. Going through a divorce is going to be emotional, you need an attorney that is patient and able to remain calm and professional throughout the case.

 

Experience and Skills

A good attorney is one that will be able to bring their skills into the courtroom. Review case results to find out what type of track record the attorney has, and if they have dealt with cases similar to yours in the past.

If you need a family law attorney in Vacaville, CA, contact the law offices of David Knecht today. Our experienced team is here to help you navigate your family law case with confidence and security.

 

Filed Under: General

The Dangers of Social Media in Divorce

Most people understand that posting on social media on divorce can impact the divorce process, and article will discuss what information you need to keep off of social media.

  1. Even posts to friends typically do not stay private.

You may be posting just to a small audience of friends and family and think that the information will stay private.  Remember that posts can be shared, saved, forwarded and discussed.  When you put information out in the internet, you lose control over how it will be spread.

  1. Pictures and comments can be evidence of bad parenting behavior.

A disparaging or threatening comment can be evidence that is used against you in a divorce trial.  Pictures or post indicating excessive drinking or drug use could be detrimental to your case.  This applies to any boyfriends or girlfriends that you may be in a relationship with because their behavior can impact custody also if you cohabitate.

  1. Do not post violations of court orders.

Whatever you do, don’t post anything that shows you are violating a court order.  If you are not supposed to see you ex, do not post pictures or comments to indicate that you have violated that order. If you have been told by a judge certain parameters about your posts, your kids, your finances, etc., it goes almost without saying that you shouldn’t incriminate yourself by showing that you have disregarded the judge’s order.

  1. Statements on dating aps or elsewhere that are not truthful can impact your case.

Be wary of making any statements on social media that aren’t accurate.  For example, if you claim to be single without kids, that may be perceived indicate that you have less interest in parenting.  If you make false statements about your ex-spouse, those can potentially get you into even more hot water as they may be perceived as harassing.

  1. Posts that put your mental health in question can have an impact.

It is not uncommon when going through a divorce to be depressed, anxious and angry and perhaps even to have an occasional suicidal or even violent thought. Be careful about posting these feelings.  Although it is natural to have strong emotions during this time, posting about those feeling publicly will not help your case.  See a therapist or an in person conversation with a close friend or family member.

  1. Watch out for posting information about money.

Finances are a key part of a divorce, so be careful about what you post when it comes to money.  Be cautious about posting about vacations, expensive entertainment, food or purchases.  Be aware that anything you post on a site such as LinkedIn or Facebook about your income, promotions, bonuses, etc. will be in the public domain and could impeach you if that doesn’t match up with the information you have presented in court. Be aware that anything you post about your earning capacity is important as well.

It isn’t easy to watch your posts and pictures on social media, but the divorce process will only be for a limited time.  By being aware of the pitfalls discussed in this article, you can avoid negatively impacting your case by inadvertently social media disclosures.

 

 

Filed Under: Divorce Lawyer