Legal Problems??? The 3 Most Important Things to Consider Before Your Day in Court

Preparing for your first day in court can be emotionally agonizing and exhausting. However, with all the preparation and planning you’ve done with your legal counsel, you may still feel apprehensive, nervous and completely unprepared in the several days or weeks leading up to your first day in court. To ease the burden and give you peace of mind, here are several things to consider before you step into the courtroom.

Understand how the law falls in your favor

Even if you are facing criminal charges, there are many circumstances where the law can actually help your case and may even lead to an acquittal instead of a conviction. Circumstances following your arrest, such as improper police conduct, evidence tampering, or even things as simple as not having been read your rights can mean that the legal system has failed you. Because of these simple failures, the judicial system will then fall in your favor.  Especially in the days leading up to your trial, go over your case once more with your lawyer, being sure not to leave out even the smallest detail. A detail you didn’t think was important could get your case thrown out.

Know your case from every angle

While your lawyer may have walked you through every step of your argument, you may have found yourself doodling or daydreaming during the part where he mentioned the opposing counsel’s arguments. However, in the days leading up to your court date, be sure to sit down with your lawyer to provide an in depth look at the other side of your case. What information or evidence does the opposition have that can hurt our case? What questions will they ask? What questions will we ask in return? These are just a few of the things to be aware of before your step foot in the court room.

No two cases are the same

Even if your best friend, neighbor or brother has been involved in a similar court case, there is certainly no guarantee that you will have the same experience or a similar outcome. Each case is so different because each state has different laws and procedures, to say nothing of the different judges and lawyers that will be in your courtroom. Judges and juries are human, and they have good and bad days like everyone else. While you can’t control their mood during the trial, you can prepare yourself for every kind of scenario. Your lawyer will inform you of the judge assigned to your case and can research past cases the judge has presided over to give you an idea of his previous verdicts in cases similar to yours so you can both plan accordingly.

Whether you’re facing a criminal charge or are fighting for custody of your children, following these steps can help you be confident, educated, and prepared for your first day in court and give you the best chances for success throughout the proceedings.

Looking for the Best Attorney in Vacaville? 3 Reasons to Select David Knecht

Choosing an attorney in Vacaville can be a challenge. While most attorneys promise results with no experience to back up their claims, and other attorneys provide hefty and unexpected fees for their time and work. With so many options to choose from, here are three reasons to select David Knecht for your legal needs.

Proven Track Record

It’s not just the statistics that are speaking to the quality and results from the law offices of David Knecht. Customers are also sharing their experience and praising the firm for their “work and understanding” throughout their legal proceedings. One satisfied client expressed “…Thank you for helping me through that court mess…I was very stressed out for the last eight months but now I feel very happy that it is all done with thanks to you.” These are just a few comments from grateful customers who have been advocated by the attorneys at David Knecht and who most definitely consider him one of the best firms in Vacaville.

A Wide Scope

David Knecht not only has a terrific track record as an attorney, he has a terrific track record in a wide array of legal fields. His firm can help you at several different crucial points in your life from divorce, child custody, juvenile law and estate planning. With so much experience in these fields, you can be sure that you’re getting the best. Having worked as a Police officer and detective for 13 years prior to becoming a lawyer, he has an invaluable knowledge of the legal system as seen and executed by the prosecution during DUI, criminal and juvenile court cases.

The Best Possible Result

No matter your case, the law office of David Knecht have one goal, and that is to get you the very best result possible. Whether a simple matter of estate planning and drawing up a living will, or seeking custody of your children after a divorce, David Knecht fights with you every step of the way. In the cases of Criminal court, the best possible result could be an acquittal of all charges and in the case of guardianships or child custody battles the best possible result would be getting the support and custody you desire, as well and providing arrangements that are in the best interest of the children.

So No matter what stage of life you’re in, for all your legal needs, David Knecht is the way to find the way to get your case resolved in the most efficient and fair way for you, your family, and all those involved.

Legal Problems? 3 Most Important Things to Finding the Right Attorney

No matter the reason for your current legal problems, one of your biggest challenges could be finding the right attorney. With so many out there, you may not be sure what sets them apart from one another, and exactly which type you need. However, whether you’re looking to get compensation for an injury you sustained during a recent car accident, or are trying to defend yourself in a DUI case, here are three important things to look for in the right attorney.

Experience

The first thing to consider when looking for the right attorney is their experience. However, not just any experience, experience with cases just like yours. Many firms take on all sorts of cases from civil cases to tax evasion, but what is important is that your lawyer knows all about the law and your rights in your case. When researching attorney’s online, check their recent track record for successful cases like yours and one or more attorneys that have handled similar cases. It can be helpful for your attorney to have an in house resource if your case gets a little complicated.

Fee Transparency

No one likes to be surprised by the bill they receive at the end of any service. One of the single most important things to look for in an attorney is complete transparency when it comes to legal fees. Many lawyers provide a free initial consultation to discuss your case, but the rates after that may vary greatly. Other lawyers charge fees right off the bat, which may dissuade you as a client, but their fees and rates following the initial consultation may be lower than competitors. Whatever the rate or method of charging fees, what is most important is that you as a client understand the fees from the start and are informed of any additional fees that come up throughout the duration of your case.

An open line

While you may not be the only case your attorney will have, having an open line of communication should help you feel like your case is important to your attorney. Promptly returning calls early on in your vetting process is a great indicator of how open communication will be throughout the duration of your case. Not only is good communication important for your own peace of mind, but also to keep you updated on your case, any upcoming legal proceedings and the outcome of their research and work.

If you have legal problems and are looking for an Vacaville attorney, please be sure to give us a call.

Problems with Your Divorce? 5 Ways to Come Out On Top

When people ask if you are having problems with your divorce, the right question might actually be “Is anything actually going right with your divorce?” However to ease the pain and difficulty of the divorce process, here are 5 ways to come out a much better and mature individual:

Try to maintain a professional demeanor

Perhaps one of the main contributors to your divorce includes the fact that you and your spouse have a hard time being civil toward one another, let alone professional.

It can be hard to maintain a professional and mature demeanor throughout your divorce proceedings, however striving to portray those two characteristics throughout the entire process will help things run much smoothly, regardless of how your future ex-spouse behaves.

Know your strengths and weaknesses, at least when it comes to finances

Even if your spouse was the one in the family who balanced the books, you can still get up to speed and know your finances better than ever before sitting down with a divorce lawyer. Knowing your financial strengths and weaknesses before your marriage will also help you improve your spending and saving habits for after the divorce is finalized.

Keep your head above water

While it may feel like so many things are out of your control and money is flying out of your bank account in more directions than you can keep track of, KEEP TRACK OF IT!

Staying out of debt is an important way to come out on top during your divorce and make sure that you are set up for your new single life. Though you may have more expenses than you expect, planning wisely can help keep your head above water through your divorce as well as the first twelve months that follow.

Remember the only two certain things in life

Whether its death, taxes or both, you need to also focus on reevaluating your estate plan in the event that you will need it sooner than you think. In addition to a will, trust, durable power of attorney, and advance health care directive, make sure that you also get ahead by changing your legal documents so they are all ready for the inevitable tax deadline next April. Even if taxes are months away, arranging everything for an easy filing will save you stress later on in the year!

Don’t resign yourself to failure

Feeling that your marriage was a failure, and that you might fail in other aspects of your life, is a completely normal feeling during the divorce process. However, a divorce does not mean that you failed, or that your future is grim. 

As you stop devoting all your time and energy to fixing your marriage, you can now put all that energy into finding success in a new endeavor whether it be continuing your education, switching career paths, or learning a new hobby.

3 Tips Most People Don’t Know About Finding the Right Attorney

Attorney shopping can be quite the headache, especially when you consider that your reasons for actually needing an attorney may be a cause of unexpected stress in your life.  While many law firms claim that they are giving you the best lawyer in their firm, there are many other important factors to consider when finding the right representation for your case.

Here are 3 tips most people don’t consider when trying to find the right attorney:

  • The Right Attorney Is Available For You

Attorneys may be busy and may have a slew of other cases, however the right Attorney for you will be one that is available for you when you need him/her most.

When you’re shopping for an attorney, make sure that during your initial meetings you aren’t rushed out the door, or made to hurry over important details. The right attorney understands that your time and your circumstances are just as important as theirs and won’t make you feel rushed.

  • The Right Attorney Has Experience in Your Specific Type of Case

You are most likely aware that you should seek the help of a divorce lawyer if you want to get divorced, or a personal injury lawyer if you’ve been injured in an accident. However in addition to seeking the help of a lawyer who specializes in your type of case, you should also find one who actually has experience in your type of case.

Though an accidental injury lawyer may know the specifics about getting the compensation you deserve, a lawyer who has had experience with the specific insurance company you’re working with will be the right attorney for you!

  • The Right Attorney Has Confidence in You and in Your Case

In some types of cases, the attorney doesn’t get paid until you get paid, right? While that may be enough incentive for the average lawyer to work hard on your case, it is important to remember that the right lawyer for you will be one that has confidence in you and your case, and doesn’t just want to win for a paycheck.

Having confidence in your case means more than just bragging about their track record with similar cases and behaving arrogantly. The right attorney will exhibit confidence in your case by making the most of your situation, those involved and will in turn provide the best outcome for you.

So instead of being impressed by how many cases your prospective attorney has won in their career, consider choosing an attorney based on their availability, confidence in you, and how many cases they have won that are very similar to yours to have the most success with your case!

3 Secrets Police Don’t Want You to Know About Winning a DUI In California

Many California drivers think that your DUI is an open and shut case and you should just roll over and accept the consequences of your actions. However, regardless of what the police would like you to believe, there are actually several different ways to win your DUI case in California. So whether you have been charged with having a blood alcohol level over the legal limit of .08%, caused an accident, or had a high blood alcohol content test, here are three secrets to beating your DUI:
1.    Breath and Blood tests are not exact sciences.
Although many people charged with a DUI take the word of the breath test without question, many drivers are beating their DUI by challenging the test that got them in trouble in the first place. There are dozens of things that could possibly skew the results of a breath test, including:
•    Being mishandled by the police officer
•    Environmental factors (interference by radio frequencies)
•    You burped or had acid reflux or heartburn that skewed your blood alcohol level.
•    Your low carb diet tricks the breath test into displaying a false high BAC
•    The Breath test itself malfunctioning

2.    Officer Error
In addition to mishandling the procedure of a breath test, there are many circumstances where police errors could lead to a judge throwing out your DUI charge. Police officers are required by law to have probable cause to stop you in the first place, and if they do suspect a DUI and wish to arrest you, they are required to advice you of your Miranda Rights- you know, the “You have the right to remain silent…” rights- in order to use statements against you. While you may know these by heart from your latest Law & Order binge, they are required to advise you of them all the same.

3.    Challenge the field sobriety tests and physical symptoms
Whether the officer arrested you for not being able to balance on one foot, or because the officer believes he smells alcohol in your breath,  these tests and physical symptoms can be explained by non-alcohol related facts. Challenging the charges due to the results of the field sobriety tests or “FSTs” can be as simple as presenting evidence that:
•    you were wearing awkward footwear such as: high heels, boots or uncomfortable shoes.
•    there was poor lighting or bad weather and that is why your eyes appear blood shot.
•    you were eating or distracted by passengers and that is why you were weaving or driving erratically.
•    you were intimidated by the police officer and couldn’t focus.
If you’ve been charged with a DUI, remember that each case must be evaluated individually by an experienced attorney to determine how to aggressively defend your case. Whether due to technical malfunctions, police error, or misunderstanding between you and the police officer, you can use all the facts and evidence at your disposal to defend your DUI and keep your record clean.

What is Litigation? Everything you need to know before getting litigation counsel

Whatever the circumstances that have led to your involvement in legal proceedings, unless you have a background in law or justice you will probably find a lot of unfamiliar law terms and procedures. Without knowing what these terms mean, it can be hard to know what is going on with your case and what you should expect at each step of the court process.

At the Law Offices of David W. Knecht, we strongly believe that you should be properly informed about your case and its progress. Furthermore, we are committed to making sure that not only do you have the right information about what kind of case you are involved in, but that you also fully understand the information so that you know the full implications of your situation. With this in mind we would like to offer a clear and simple explanation of one key legal term that people hear a lot, but may not be able to articulate exactly what it is.

Litigation is a kind of law practice that focusses on the resolution of disputes through the legal system. What are known as “tort” case—when one party alleges that another party has in some way infringed upon their rights or caused them damages—very commonly involve litigation. However, litigation crops up in lots of other types of cases, too; such as family law, divorce proceedings, and probate cases. The defining feature of litigation is that there is an issue being disputed.

You could think of the idea of a lawsuit as a litmus test for whether a case will entail litigation. If you were buying a house and required an attorney to look over the sale contract, you would not want him to sue the seller so there would be no litigation involved. If, on the other hand, you had bought a house and then discovered that your new neighbour was planning to rent out their backyard as a twenty-four hour rehearsal space for death-metal bands, you might consider preventing them from doing that with a lawsuit. This would mean litigation.

Sometimes litigation does mean that your dispute will end up being decided in court, but in reality most litigation cases are settled somewhere along the way—perhaps by a demand letter, or during the subsequent negotiations. This saves potentially huge amounts of money in court costs and legal fees, not to mention your time.

David Knecht has vast experience in the field and is dedicated achieving the best result for his clients. Call Mr. Knecht today to discuss your case.

What to Expect When You Are Caught in Possession of Illegal Substances

We live in confusing times with regard to the laws surrounding illegal substances. There is a lot of debate surrounding the way we as a society deal with certain substances, and how we view the problems associated with them. An ever-increasing number of states are implementing drug law reforms, particularly concerning cannabis possession, with measures ranging from partial decriminalization to outright legalization in different jurisdictions.

Whatever the social issues, however, you should keep in mind that the current laws are still enforceable, so it’s a good idea to acquaint yourself with the law, and know which substances are legal and illegal where you live. If you are caught in possession of illegal substances, knowing what to expect will help you to ultimately secure the best possible outcome in your particular circumstances.

Your Rights

When you are placed under arrest, the arresting officer will read you the Miranda rights. Most people are familiar with these rights as they are often quoted in movies and TV beginning with, “You have the right to remain silent…” and continuing on to inform you of your right to legal representation.

Practicing both of these rights is advisable. The police may try to persuade you to make a statement without counsel present. If this happens, be courteous but firm. Insist that you are allowed to speak to your attorney, and do not answer any further questions. If the arresting officer failed to read you your rights, inform your lawyer of that fact.

Talk to Your Lawyer

In order to represent you effectively, your attorney will need to know the circumstances that led to your arrest. Make sure you relate accurately what happened, and in what order. Where were the drugs found—on your person, or under the seat of your vehicle? Why were you approached by the officer in the first place? Your attorney will need to know this to determine whether the search violated your Fourth Amendment rights, in which case it might be possible to suppress the evidence.

There are many possible defences that a good attorney can mount. If you require legal representation now, or think you may in the future, contact David Knecht today.

What is the Difference between a Divorce and Dissolution?

Making the decision to end a marriage can be very difficult and distressing. At this highly emotional time you will have a great many things to consider, one of which will be what kind of legal proceedings you can expect to be involved in. If you have sought advice about family law in California, you will probably have heard the term “dissolution” used as well as “divorce.” It is helpful to clarify these terms for yourself so that you understand precisely what they mean, and how they apply to you.

Definitions

Technically speaking, in California couples do not file for divorce. The term used under California law to mean divorce is “dissolution.” However there are two types of dissolution that can be granted. The first is known as a “regular dissolution.” This is what most people mean when they say divorce, and is a complicated, sometimes protracted process that will usually entail an appearance in court.

The second option is called a “summary dissolution,” which is what people usually mean when they use the word “dissolution.” It is simpler, cheaper and easier to obtain than a regular dissolution, and does not require you to go to court. The catch is that not everyone is eligible for it.

Which Do I Need?

Obviously, if your case meets the requirements, a summary dissolution would be preferable to a regular dissolution. Ask yourself the following questions. These will determine if you qualify for a summary dissolution of marriage.

  • Have you been married for less than five years? If your marriage lasted longer, you will need to seek a regular dissolution.
  • Do you have any children together? This includes any children born or adopted before the marriage. If you are expecting a child, that also counts and will disqualify you from obtaining a summary dissolution.
  • Do you jointly or separately own in whole or part any land or buildings? If you do, you will need to get a regular dissolution.
  • Do you rent any land or buildings? This will have the same effect as above, but you do not need to count your current domicile unless you have a one-year lease or option to buy.
  • Do you have community obligations (debt incurred since your marriage) totalling more than $6000, community property (things you acquired during your marriage) worth more than $40,000, or separate property worth more than $40,000? If your debts and worth exceed these thresholds, you are not eligible for summary dissolution. You do not need to count your cars (or car loans) in these amounts.
  • Have you and your spouse agreed that neither party will seek support from the other? This is necessary for summary dissolution.
  • Have you and your spouse agreed upon a division of your property and debt (including cars)? Once this is signed, if you also satisfy all the other requirements, you may proceed to seek a summary dissolution.

Whether or not you qualify for regular or a summary dissolution, it is strongly advised that you retain legal representation. For more information contact David Knecht at davidknechtlaw.com

What Are My DMV Administrative Hearing Rights? How to Ensure You Get Your Right to a Hearing and What that Right Includes

Many people are not familiar with what an Administrative Per Se license suspension is, let alone what rights they have under its terms. It is important to remember that even though it is part of the legal processes that you will find yourself subject to if you have been arrested on a DUI charge, the Administrative Per Se suspension happens solely through the DMV, and is completely unconnected to the process of your case through the court.

When you were arrested, the arresting officer confiscated your driver’s license and gave you a pink piece of paper. That is your temporary driver’s license. It lasts for 30 days, at the end of which, your license will be automatically suspended. This is called an Administrative Per Se, or “on-the-spot” suspension.

The thirty days is to provide for due process and give you time to challenge the suspension with a DMV review. The catch, however, is that you only have 10 days from the date of your arrest to request the hearing to challenge the suspension of your license. It is absolutely imperative that either you or your attorney make the request within this window. If you fail to call the DMV to request the hearing, you will in most circumstances have waived your right to contest your suspension.

All too often, people will overlook the Admin Per Se, more worried about fighting their case in court than dealing with a government department, but you can and should contest the DMV suspension. David Knecht has extensive experience in this area, having successfully represented clients in many DMV administrative hearings. Contesting the legality of these Admin Per Se suspensions is one of areas of expertise at the Law Offices of David W. Knecht, and you may engage us to represent you in this matter as well as in your DUI charge.

Call David Knecht today to schedule an appointment to talk about your rights to a hearing.