3 Characteristics of The Best Divorce Attorneys

What makes the best divorce attorney in Vacaville? When you are searching for the right person to represent you and your rights, it pays to do a little research. At David Knecht Law, we represent your legal rights and focus on ensuring your voice is heard in the court of law. Here are our three recommendations as to what makes a good attorney.

Communication

The MOST important quality of a good divorce attorney is having the ability to communicate with their clients. If you meet your attorney once, and never hear from them again, except when it’s time to pay the bill, you did not choose the right person. You can tell if the attorney will be difficult to deal with based on how they interact with you. If they always cut you off before you finish a sentence, or they do not explain things clearly, move on. 

Compassion

Divorce is one of the most difficult things to deal with, and many clients are not emotionally ready to start making challenging, life-altering decisions. No matter how amicable the relationship is between you and your ex, it is important to cover yourself and make sure you are making the right decisions. Your attorney will show empathy for your situation, but they will also be compassionate to you and will help you through this journey. Their job is to focus on helping you navigate through the divorce and they will do so without judgement or disrespect. 

During the time you are going through the divorce, your attorney will help you to make informed decisions. Their goal is to ensure you have the right information needed to determine certain choices pertaining to retirement accounts, cars, homes, debt, and more. Make sure you hire someone you know you can trust to protect you during this time!

Availability 

Another good characteristic of a divorce attorney is how available they are to their clients. Do they return your phone calls, emails, and text messages? Is it easy for you to get in for an appointment? A good attorney will make their clients a priority, and that shows in how they treat you.

At the Law Offices of David W. Knecht, we are here to protect your legal rights. If you are dealing with a divorce in the Vacaville area, we are here to help. Our legal experts have been practice law for the past three decades, let us represent you. 

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. 

 

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! 

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. 

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.

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.

 

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.

 

 

Why Is Divorce So Expensive and Tips to Bring Down Cost

If you are considering divorce, you may be concerned about the financial impact the divorce will have on you and your family.  While some costs are unavoidable, this article will discuss some tips to consider to determine if they can help bring down the cost of the divorce in your particular case.

  1. Legal fees – keep them down through planning and organization and negotiation.

If both parties hire attorneys, legal fees can be significant.  Your attorney may charge a flat rate fee or the fee may be hourly.  The cost may be set or may be negotiable.  One way that my help lower the legal fees if for you to come in prepared and organized with clear objectives.  If you gather all the financial information into an organized manner and approach a potential attorney with that information, you may be able to reduce the bill by showing him or her that their time can be directed to advocating on your behalf as opposed to helping you gather or organize evidence.

  1. Adversarial – set reasonable goals.

An adversarial divorce may be out of your hands if your ex is one that wants to fight.  However, if you set reasonable and realistic goals for what you want to achieve then you may be able to keep these costs in check. This does not mean you shouldn’t fight for what is validly your right, but consult with your attorney to get a realistic view of what has been successful and typical in the past in order to set realistic and achievable expectations.

  1. Dragging out discovery – be prompt in responding to your attorney.

During the discovery phase, you will typically need to provide written responses to questions and provide requested documents.  By being prompt, thorough and organized in providing this information to your attorney, you can avoid costs if you attorney is charging you by the hour because he or she will not have to bill you to follow up.

  1. Going to court – consider mediation or settlement.

It’s not unusual for an initial reaction to divorce to be “I want my day in court!”  Emotions run high during divorce and a judge is perceived as an advocate who will right the wrongs that your ex has imposed on you.  In some cases trial might, in fact, be the right move.  However, if you are looking to minimize the financial impact of a divorce, then mediation or a settlement without mediation might be a more cost-effective process.  The decision is very personal to your case and depends on your goals and the reaction from your ex to alternative means of resolving disputes.

  1. Education – don’t be afraid to research, study and be informed.

In some cases, the high cost of a divorce can stem from the cost of education.  You may spend money on the wrong attorney.  It is not uncommon for a person to hire an attorney only to discover that the person you hired isn’t experienced or just doesn’t have the personality that works well with yours.  Do research. Talk to people. Find an attorney who has the experience and demeanor that works for you, so that you don’t get down the road with someone only to have to incur the additional expense of changing course and starting over with someone else.

The costs of a divorce can seem daunting, but with planning, preparation and information, you may be able to lessen the impact of the divorce process on your pocketbook.  If you need a highly effective and experienced family law attorney who will be mindful of your budget constraints, consider David Knecht Law, davidknechtlaw.com.

 

Divorce Mediation Tips

Many divorce cases are settled at the mediation phase.  This article will provide suggested tips to help you prepare for a successful mediation.

  1. Know the state of your finances.

Prior to attending the mediation you would be well advised to thoroughly review and understand the financial situation you had during the marriage and to predict your financial needs after the divorce if final.  This step is essential to help you achieve your financial goals for the mediation.

  1. If you have children, think through the best parenting plan for them and you.

Attending the mediation with a bit of an open mind to different parenting plan possibilities is a good idea, but it is also important to know what you believe would be ideal for you and your children.  Give some thought to their schedules, their preferences, their after-school activities, their religious worship preferences (if any), the kids’ relationship with grandparents and other extended family, etc.

  1. Let go of vengeance and think about what you want and need.

There is an old saying that you shouldn’t cut off your nose to spite your face. This applies in negotiations as well.  Some negotiators get caught up in wanting to appear firm, or say no, or generally shut down what the other party wants just for the sake of making that party dissatisfied.  This can be a self-defeating negotiating strategy.  One that is more commonly successful is to approach the problem by thinking of what you want and how to get it, rather than trying to punish the other party by depriving them of what they want.  Remember a win-win is better than a lose-lose.

  1. Consider your chances at trial.

In order to evaluate whether a mediation solution is acceptable, you need to have an idea of what the consequences will be if you don’t agree in mediation.  Talk to your attorney and find out the range of results at trial.  No attorney has a crystal ball, so they can’t tell you what will happen, but they can give you an idea of what the results have been in similar cases.  Understanding the consequences of not settling will help you make a more informed decision about whether the settlement proposed is right for you.

  1. Use your knowledge about your ex-spouse to your advantage.

Nobody knows your ex as well as you do.  If you can think about what will persuade him/her, then you can use that knowledge to your advantage.  Before you go into the mediation, think about the “cards” in your hand, and decide how to play those cards.  Help your attorney understand what your ex’s hot buttons will be. 

A mediation can be many things:  for some, it is a grueling experience, for others it is a short pain on the path to closure and healing.  Regardless of the type of mediation you can expect, preparation and mindfulness in preparing for the mediation will generally improve the outcome.

 

 

Think Like a Lawyer:  DUI Defenses

If you’ve been charged with a DUI, don’t give up on a powerful defense. This article will explain key DUI defenses that you can discuss with your lawyer to plan an attack against the prosecution’s evidence:

Reasonable Suspicion for the Stop. Examine the reason for the stop.  Did the officer observe a violation of the law?  Or did he pull you over because of a guess or a prejudice?  The officer must have reasonable suspicion that the driver or passenger have committed, is committing or will commit a crime.  Reasonable suspicion is more than a hunch and has to be based on specific facts.  If the officer can’t justify the stop, then your attorney can file a Motion to Suppress the evidence.  If the motion is successful, the prosecution will typically not have the evidence available to convict you.

Don’t Assume the Blood Alcohol Tests Are Irrefutable. A test is intimidating evidence, but there are still ways to undermine the reliability of this evidence against you:

  • Undermine the reliability of the testing procedures.
    • Did the administrator of the test have the proper training?
    • Were the testing procedures followed with exactness?
    • Was the device functioning properly?
    • Were there results that were inconsistent with each other?
    • Did they observe you prior to the DUI?
    • Were you smoking, eating, drinking, burping, vomiting, etc. prior to or during the test?
  • Rising Blood Alcohol. The relevant point in time for blood alcohol level is at the moment you are driving.  If your blood alcohol level goes up after you are arrested because the alcohol is absorbing into the blood stream, then you have an argument that the test is not accurate to the level while you were driving.
    • The amount of food that is consumed, the gender of the driver, and other factors may play into whether the blood alcohol defense can be credibly asserted
  • Medical Problem Defense. The key point here is whether you have a medical problem that would render the results inaccurate.
    • Do you have a medical condition such as asthma or emphysema that affects your lung capacity and ability to blow into a machine?

Fight the Officer’s Observations and Field Sobriety Tests.

  • The key here is to undermine the validity of the tests. Do you have a medical condition?  Were there weather conditions?  Did the officer explain and administer the tests properly?
  • tests, or if correct instructions were not given, then you can question the reliability of the conclusions drawn from the tests.

Don’t give up.  There are many possible defenses in your case, so consult with your attorney.