What Does It Mean to Establish Parentage and When Is It Necessary?

If you are having a baby, you may be wondering what you can do to protect your baby’s rights. You want your child to have all the support he or she needs from the father. Establishing parentage can be an important step for you to take if you are not married to the baby’s father. This article will walk you through some of the basics of establishing paternity and help explain why parentage is important.

  1. What is parentage? What is paternity?

When a child is born to parents who are married (or to parents in a domestic partnership after 2005), then the law presumes that the couple are the child’s parents.  If the parents are not married, then the father only has legal rights and responsibilities if parentage is established.  However, in some cases parentage will be presumed, such as “parentage by estoppel,” where the parent welcomed the child into his home and treated it as his own.

  1. Why is establishing parentage important?

If you want custody, visitation or child support orders from the court, parentage will have to be established. This can also be important in a same-sex parenting situations if the parents were not married when the mother became pregnant or when the child was born.  There are other advantages: having health and life insurance coverage from either parent, the right to inherit from either parent, the right to receive social security and veteran’s benefits, just to name a few.

  1. What if the father does not admit that he is the parent?

A court may order the alleged father, mother and child to be genetic tested in order to establish parentage.

  1. What are the consequences and rights of the parent after parentage is established?

A parent has generally the right to get custody or visitation rights related to the child, although this right may be impacted in some cases by criminal history. A parent also has a legal obligation to financially support the child, but the amount of financial support will vary depending on various factors including income, custody arrangements, etc.

  1. What are the ways to establish parentage when the child’s parents aren’t married or in a domestic partnership?
  • Signing and filing a voluntary Declaration of Paternity – this is a form that both parents voluntarily sign, which established them as the legal parents of the child. The advantage of the voluntary Declaration is that neither parent has to go to court. After the form is signed, it needs to be filed with the California Department of Child Support Services.
  • You local child support agency can bring an action to establish parentage of a child. This often happens as a matter of course when welfare is requested for the child.
  • You can bring your own court case to establish parentage, which will involve several court forms and possibly a trial. You may want to utilize the help of an attorney or an agency to navigate this process.

 

Filed Under: Family Law, Legal Advice, Vacaville Attorney

5 Secrets to Dealing with Cops

Many people find interactions with the police to be very frustrating and risky.  This article will share five secrets from turning a negative encounter into a safer experience that will lay the foundation for your defense in the future.

  1. Keep calm and be confident but not argumentative.

The police officer will be assessing your attitude and demeanor from the moment he interacts with you, so you need to watch what you say and do and what your body language communicates. You want to exude a positive and calm presence, without anger or frustration.  This will send a message that you are not dangerous.

  1. Don’t debate with the officer, but avoid admitting to allegations.

Know that the officer will write down everything you say, so don’t admit to wrongful conduct if it’s not true.  At the same time, you do not want to get into a heated debate with the officer.  Express yourself politely.  For example, if an officer asks you if you know you were speeding, you could respond with “No, I did not know that,” or you could say, “Thank you for letting me know why you pulled me over, but I did not believe I was speeding.”  You have a right to remain silent, and it is often the best course of action to avoid talking as much as possible.

  1. Never run or fight.

Never run from a police officer. This will only get you into more trouble. Never lay hands on an officer or resist arrest.  These actions escalate the situation, so for your own safety you should comply with officer’s orders.

  1. Ask questions.

Often a very polite question can lay the foundation for your case later on.  A simple question to the officer can help you later:

  • When you feel detained:
    • “I don’t want any trouble, but I just wanted to clarify whether I’m free to go now.”
  • When they want to search you or your vehicle:
    • “Officer, are you asking for my consent to search? If so, I’m sorry but I can’t consent.”
  • When they are requesting to search your home.
    • “Officer, do you mind showing me a warrant? I’m sorry, but I can’t consent to a search of my home without one.”
  1. Don’t be afraid to ask for an attorney.

You have a right to an attorney, and don’t be afraid to exercise that right. Your request may not change the officer’s actions, but the very fact that you requested and attorney may help your attorney fight your case.

 

Filed Under: Fairfield Lawyer, General, Legal Advice

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

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

Criminal Court 101:  Basic Fundamentals of Criminal Court

If you have been charged with a crime in California for the first time, you probably have a lot of questions.  This article will help you understand the basic rules for the criminal court system.

What is the difference between criminal court and civil court?  

  • Criminal court – criminal charges are brought by either the federal government, state government, or city against you with the allegation that you have violated a law. If the defendant is found guilty, the judge can impose a sentence that includes fines, jail/prison, or other restrictions or requirements.
  • Civil court – this occurs when one party (for example, a person, business or organization) has a claim against another party and requests the court to decide the question.  A person will not go to jail or prison for a civil case.

What types of criminal offenses are there?  

  • Infractions – this is the lower violation in terms of seriousness, and it is something like a traffic violation.  The punishment is usually a fine.
  • Misdemeanors – this is more serious than an infraction. The jail time can be 6 months or a year and the fine can be up to $1000 typically.
  • Examples include DUI, petty theft, vandalism
  • Felonies – these are the most serious.  Punishments can include fines, jail, prison, or even the death penalty in very rare cases.

What is the difference between the state system and the federal system?  

  • Type of crime – there are federal laws and state laws, but in some cases, one crime could qualify as either federal or state.  
  • Procedures – there are different procedures in the federal system vs. the state system, for example in the procedures for charging a defendant and for sentencing
  • Courtroom/judges – the courtroom and judges are different for federal vs. state

Do I need an attorney?

  • You have a right to represent yourself, so you are not required to have an attorney.
  • An attorney is trained in the rules and procedures of the court, and typically that information will be advantageous to your case.
  • Conventional wisdom is that there are advantages to having someone represent you besides just the knowledge.  Most attorneys, if they are charged with a serious offense, will even hire someone to represent them.  A person who is outside the situation is often less emotionally invested and has the impartiality to see angles and arguments that someone who is under the stress of the case may not be able to discern as easily.
Filed Under: Criminal Law, Fairfield Lawyer
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