Archives for August 2019

3 Most Important Things to Avoid Doing When Getting 2nd DUI

If you find yourself in the unfortunate situation of a second DUI in California, hire an attorney immediately. Under California vehicle code section 23540, individuals with a second DUI will find themselves dealing with more jail time, expensive fines, and a DUI program including filing a SR-22.

Anyone with a previous DUI will now deal with stricter penalties including:

  • Increased jail time, including at least 96 hours in county jail
  • Larger fines of $390 or more in addition to court penalty assessments which can total upwards of $1950
  • Longer jail time or community labor requirements 

License Revocation 

Following a second DUI within a 10-year timeframe, your license can be revoked for at least a year. You can get a restricted license following the installation of an ignition interlock device. SB 1046 will explain in detail how the ignition interlock device and legal requirements one must follow. 

Mandatory DUI Program

A mandatory DUI program is the next thing you will be ordered to do when convicted of a second DUI. The mandatory DUI program ranges from 18-30 months. When you complete the program, you can receive your license again. 

AA Programs

Some judges will require that you attend AA programs. The goal of the program is to help you understand the seriousness of the DUI, and to help you make better decisions in the future. 

Why You Need a DUI Attorney 

Many people are not sure of the seriousness of the offense. In many situations, a DUI attorney is the only voice of reason. A good attorney can assist you with several things including

  • DUI Stop 
  • Sobriety checkpoint misconduct
  • Rising blood alcohol defense 

An attorney will investigate your case and determine if there are issues with the DUI. Certain elements of your behavior will impact the severity of your case as well. It is important to cooperate with officers when you are pulled over for a DUI. If you become combative with the officer, it will only cause additional charges and problems. Contact the Law Offices of David Knecht today to have your legal rights protected! 

Filed Under: General

3 Things to Look for in a Fairfield Attorney 

 

Finding a good attorney can be challenging for many people. While there was a time when attorneys were not as prevalent, there has been a significant rise in the number of practicing attorneys in the United States. In fact, the attorney population has increased 15% in the past decade! A good attorney is someone who will fight on your behalf. Their goal is to focus on using ethical, cost-effective, and reasonable methods to help their clients receive the best outcome possible. Here are 3 things to look for in a Fairfield attorney. 

Comfort and Personality

A good attorney will make you feel comfortable when you are working with them. While you want someone who is going to be good in the courtroom, you want someone who will valve your time in their offices. Do you feel like you can be honest and open when speaking with an attorney? An attorney cannot help you if they are not willing to pay attention to you. Reading some online reviews from past clients can help you find out if you are working with someone who does value their clients. 

Attorneys who value their clients will spend time with them no matter how large or small their case is. You want to find an attorney who does answer phone calls, emails, and text messages. Even for a routine case, a good attorney understands how stressful the entire process can be for their clients, and they are here to help you through it.  

Fee Structure and Record

The fee structure  is something the attorney will be up-front with you right away. A good attorney will lay out how their fees work, and if there is a possibility if you do have additional charges possibly coming your way. If you have a small case, some attorney’s will do a flat rate fee while others may bill by the hour. Do some research before you start meeting with attorneys so you do have an idea of how much this case will cost you.

Before you meet with the attorney, you need to check on their record. What type of cases do they specialize in, and how successful are they in their industry? Look at the online reviews to find out what people are saying about the attorney, and make sure you know everything you can find out before meeting with them so you can bring up some issues. One bad online review doesn’t mean you have an attorney who won’t value you and your time. Check with the state bar association to read up on any complaints against the attorney. 

Experience

Going along with the track record of the attorney, you want to find out what their experience is. What areas of law are the focus of their practice? What is their win-loss record in the industry? Based on what your case involves, you need to find the attorney with the experience that will win your case. 

When it comes to finding a great attorney, you need to spend time researching. Do not just call the first number you see in the search engines. Spend time meeting multiple attorneys, feeling out how their personality works with yours, how successful they are, and if you feel they will be a good fit for you. We hope these tips will help you find the right Fairfield attorney to represent you in the court of law!

 

Filed Under: Fairfield Lawyer, General Legal Advice

How to Start Over After a Painful Divorce 

Going through a divorce is an emotionally grueling process. If you do not have the right people on your side to help support you on your new path, it can be even harder to move into this new phase of your life. Here are some things you can do to start over after a divorce:

  • Take time to grieve. You need to take some time to cry and grieve for the end of your marriage. If you do not grieve and you only hang onto anger and resentment, the internal turmoil you have will worsen. 
  • Learn who you are. The other thing you need to do is start learning who you are. You need to start finding things that are important to you, and what you enjoy doing. Take some time to try new hobbies and find out what causes you to be happy. You need to re-establish your identity as a separate person and no longer as “we”. 
  • Get a therapist. It is important to hire a therapist to speak with on a regular basis. Therapy will help you to process your feelings, and they can help you manage some of the harder days such as holidays, birthdays, and vacations. Therapists and coaches are trained and qualified to make your new life easier, and they want the best for you. 
  • Trust yourself. You have talent. You have worth. Trust yourself to make the right decisions. As you start relying on yourself, you can start gaining confidence in new talents and skills. Try doing some projects around the home on your own or tackling new things that you used to hire people to do. As you continue to learn new things and trust yourself, you will start to feel accomplished in your life. 
  • Become social. Even if you are an introvert, you will want to teach yourself to become social. Join a gym and start going to classes. Not only will it help to improve your health and manage stress, you might end up meeting some new friends. Other things you can try doing is to go out with friends or co-workers. Church and support groups are other great ways to start getting out of your house and experiencing life with others. 
  • Change up your lifestyle. If you have been doing certain things the way your spouse liked it, and not necessarily the way you like it, change things up! You need to find yourself in everything like redecorating in a way you appreciate or changing in your car for something you enjoy driving or enjoying. Even small things like rearranging furniture can help you to establish a new identity. 

The divorce process is life-altering, and one of the hardest challenges you will ever face. Contact your divorce attorney in Vacaville to help you navigate the divorce process and ensure your legal rights are protected. 

Filed Under: General

3 Things to Do When You Think You Wife is Cheating

Anger, hurt, grief, all of these feelings come to full light when you find out your spouse is cheating. If you have suspicions, it is a good idea to find out if your wife is cheating as it can assist you in the divorce process if you do end up taking this road. Sometimes it can be challenging to know if your spouse is cheating. There are some signs to watch for such as changes in social habits, their behavior at home, and changes in their appearance. 

Stay Calm and Gather Information About Your Spouse 

If you have confirmed that your spouse is cheating, you need to remain calm. Collect information about your partner to help you in the decision-making process from this point. Was this affair a one-time thing, or is this on-going? If it seems the marriage is destined to fail, you’ll need as much information as you can when you move into the legal proceedings. 

Step Away and Surround Yourself with Support

Staying with the person who has hurt you deeply can make it almost impossible to make decisions, and to start the healing process. Take a step back from the relationship and find people to help support you. Surrounding yourself with good company will allow you to start to process these feelings you are dealing with and can help you walk through several scenarios to start this new chapter in your life. 

Carefully Consider Your Future

Once you know if divorce is right for you, it is time to call a divorce attorney. The attorney can help you with multiple elements in separation of you and your soon to be ex. Here are some things you need to carefully consider:

  • Children – who will be the primary caregiver? How can you protect your children as much as possible including their education costs, housing needs, and custody?
  • Assets – how do you plan on dividing the assets? 
  • Alimony and child support – there will be new costs to deal with, are you planning to ask for alimony or child support? Will you need to pay alimony and child support? 

Emotions run high when you find out your wife is cheating. It is important to compose yourself and carefully deal with the situation. Our experienced divorce attorneys can help you navigate your divorce tactfully and ensure that you are taken care of and able to start building a new future. Contact the Law Offices of David Knecht to help you with your divorce case. 

 

Filed Under: Divorce Lawyer

3 Secrets to Finding the Perfect DUI Attorney 

 

One person dies every 48 minutes in America due to drunk driving. Each year, more than 1.28 million people are arrested for DUIs. Unfortunately individuals involved in an DUI car crash have a serious issue they need to face. Hiring the right DUI attorney can assist in ensuring their clients are giving a fair outcome for their trial. Here are 3 secrets that will help you find the perfect DUI attorney. 

Experience and Skillset

The number one thing you want to search for is someone who has plenty of trial experience with DUI cases similar to yours. A DUI conviction can cost upwards of 20K a year! Search for an attorney based on their skills and their overall qualifications. Put together a list of attorneys in your area with the experience in cases similar to yours and start setting up interviews with them. 

Online reviews are helpful to find out what other people think about their experience with the attorney. Read through the good reviews and the bad reviews to know what type of person the attorney is, and how hard they worked for their previous clients. In addition to online reviews, spend some time looking over their website to learn more about the attorneys and the team that will be assisting with your legal case. 

Meet With Attorneys 

When you set up the interviews with multiple DUI attorney’s, you will want to have several different questions set up to discuss with them. A few of the things you need to cover in that initial consultation include:

  • Discuss the facts of your case. Be upfront with what happened so they can assess your situation and come up with a strategy.
  • Bring documentation. Another thing you need to do is bring in the DMV letters, police report, and other documents related to your case. 
  • Discuss the attorney’s experience. During the meeting, you need to ask the attorney about their experience. How many cases have they handled similar to yours, and how many cases have brought a successful outcome?
  • Who will handle your case? Will you work with the attorney you are meeting with, or will they pass you off to another person?
  • Comfort level. How comfortable do you feel with the attorney? If you do not feel like you can talk to them and be up-front with them, consider meeting with another attorney. 

DUI Attorney Fees

When it comes to a DUI, you need to expect you will pay a lot of money for your case and for penalties. The cost for a non-injury, non-property damage DUI can cost $5,000 to $12,000. Some DUI attorneys will charge more based on their experience and expertise in winning difficult DUI cases. 

David Knecht Law in Vacaville has years of experience in criminal law. Our job is to represent your legal rights and provide you with the best outcome. Contact our legal team to set up a consultation and let us help you navigate through this difficult time in your life. 

 

Filed Under: DUI, Legal Advice

How to Know If You’ve Selected the Wrong Divorce Lawyer

With over 1.35 million lawyers currently practicing in the United States, it is easy to say not EVERY lawyer is going to be a good one. How do you know if you are hiring the right person? How do you know if you’ve hired the wrong divorce lawyer? Over the years, our Vacaville lawyers have dealt with a number of good and bad lawyers. We can give you some clear signs of what makes a good lawyer, and what makes for a bad lawyer. Here are just a few of the things that show you that you’ve hired the wrong divorce lawyer.

Failure to Communicate
One of the most important things you need in a good lawyer is someone who will communicate with you. A good lawyer will tell you what is happening with your divorce case. While it is expected for a lawyer to be busy, they should have a good team in the office who will handle responding to your case. An attorney who takes days or never responds to emails, phone calls, and text messages is one that doesn’t value your time.

Lack of Interest
When you meet with the divorce lawyer, do they seem to take an interest in you? Do they seem to care about how difficult this time in your life actually is? One of the biggest issues people find with their divorce case is the fact that they have a lawyer that doesn’t seem to care about them. If the lawyer keeps pushing you to settle on something that seems unfair, or they just don’t want to fight for you, it’s time to look for a new divorce lawyer. Some other signs of a bad lawyer include:

  • Showing up late to court and appointments
  • Failure to file documents on time or filing the paperwork wrong
  • Ignoring phone calls
  • Making decisions without consulting you first

Expensive Fees and Hidden Fees
A good lawyer is always upfront with their costs. Some lawyers will find ways to nickel and dime their clients, and that is what you have to be worried about. Lawyer’s aren’t cheap, but if you are seeing a lot of charges or overbilling charges, contact the lawyer right away. Clearly something isn’t right with their billing and fee structure, and they were not up-front with you in the beginning.

Unethical Behavior
There are some lawyers out there that have poor communication, and overall just lack integrity. If you feel like you are working with someone who you feel is lying or engaging in practices that are not ethical, it’s time to move on. Breaking the law or lying is not acceptable from a divorce lawyer, do not work with them!

Lack of Empathy
Divorce cases are some of the toughest out there for emotions. A good divorce lawyer will show empathy for you and your situation. A divorce case needs to have a lawyer with experience in several divorce trials, with favorable outcomes for their clients. You need to be able to trust your lawyer to assist you with your case, and ensure they have your best interest in hand.

For more information about divorce lawyers in Vacaville, contact David Knecht Law today!

Filed Under: General