How Do I Get Out of a Contract with Vivint?

Door to door alarm sales are a hot industry in California, but some customers end up in an alarm contract they want to break.   This article addresses these oft-searched questions:   “How do I get out of a contract with Vivint?” “How can I break a Monitronics contract?” “How do I cancel with ADT?”
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Pros and Cons of Annulment vs. Divorce in California

If your marriage is on the rocks, you may be wondering, “Should I get an annulment or divorce?” This article discusses some of the pros and cons of annulment vs. divorce, but for more information specific to your particular case, feel free to contact David Knecht at davidknechtlaw.com. [Read more…]

How do I get a divorce in California? Divorce Law Basics

If you are in a marriage that isn’t working out, you have probably wondered how to get a

divorce in California and what are the basic rules of divorce in California. This article will review

some of the divorce law basics, but for excellent legal advice, feel free to consult David Knecht at
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What Should I Wear When I Go to Court? 5 Rules of Courtroom Fashion You Won’t Want to Break!

Many clients ask basic questions like: “What should I wear when I go to court?” or “What should I wear to my court hearing?” If you are a defendant in a criminal case, a professional appearance is vital for making the right impression, but if you are a witness or jury member, you will want to dress appropriately as well. Appearance is a matter of opinion, but here are a few important recommendations:

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How Do I Win a DUI?

You drank and drove and now you are facing a DUI.  Don’t give up!  A variety of defenses may be available to you, and it is your constitutional right to defend yourself from criminal charges.  Even if you feel you are “guilty” you should not enter a guilty plea without considering your options, and this article will discuss strategies to win a DUI (driving under the influence) charge.

1.      Hire an Experienced Criminal Attorney Who Will Listen and Research

The most important step in winning a DUI is hiring the right lawyer.  Lawyers are not equally qualified.  You need someone who practices criminal law and who frequently works in the jurisdiction in which you are charged.  An experienced attorney will know the prosecutor and judges and be able to plea bargain on your behalf effectively because he or she has established the relationships.  Although they try to remain fair and impartial, prosecutors and judges are people and can be influenced by personal relationships.  An attorney familiar with the jurisdiction may know background on the police officers, which will also be helpful.  Most importantly, you need an attorney who will listen to you carefully and research every possible defense.  A DUI charge is very fact specific, so your attorney will need to customize your defense to the exact scenario you experienced.  If you are in need of a criminal defense attorney with extensive experience, contact David Knecht at DavidKnechtlaw.com. 

2.      Fight the Stop

An officer must articulate facts that support reasonable suspicion for the stop.  It cannot be based solely on a gut feeling.  A stop that is motivated solely by racial bias is also illegal.  Your attorney can evaluate the basis for the stop and consider whether to file a motion to suppress.  If you can win a motion to suppress, the evidence obtained after the stop cannot be used against you, which typically means that the prosecutor will drop the DUI case. 

3.      Undermine the Credibility of the Field Sobriety Tests

There are many factors that can influence the credibility of the field sobriety tests.  Did you have an illness, injury, allegries, obesity or permanent medical condition that would affect your ability to complete the field sobriety tests?  Were they administered properly?  Were there other distractions, such as a busy road, darkness, uneven surface etc. that could impact the tests?

4.      Undermine the Credibility of the Breath Test

Like the field sobriety tests, the breath test is not indefensible, and an attorney can ferret out defenses to its reliability such as whether it was administered properly and whether the equipment was functioning properly.  Also, the point in time the test is administered can be relevant, as the level of blood alcohol may have risen between the point of driving and the time of the test.

5.     Plea Bargain

A plea bargain can be a partial victory with a DUI.  The penalties can be sever and typically include suspension of the driver’s license, fines, and jail.  An expert attorney may be able to whittle down the penalties for you, which can be significant.

6.      Exercise Your Rights in a DUI Case

While it is admirable to accept responsibility, you should remember that you have a right as an American to challenge the case against you and a judge or jury can’t penalize you for forcing the prosecutor to prove his or her case against you.  For more information about whether you can win your DUI case, contact contact David Knecht at DavidKnechtlaw.com 

 

How Do I Stop Getting Pre-Recorded or Robocalls to my Cell Phone?

Many people have wondered how to stop annoying telemarketing calls, and the reality is you might be able to not only stop the calls, but collect money.  The Telephone Consumer Protection Act, or TCPA, allows individuals to file lawsuits and collect damages for receiving unsolicited telemarketing calls, pre-recorded calls or autodialed calls. 
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6 Tricks and Tips for Getting Out of a Contract with a Business

Consumers often agree to a contract with a business only to find that they have been mislead or that the business is not providing the services promised. This happens often in the home security or television industries. This article will discuss ways to motivate a business to release you from a contract, which may be useful if you are looking to get out of an alarm contract with providers such as Vivint or ADT, or a television/internet contract such as DIRECTV, Comcast, or DishNetwork: [Read more…]

How to Find the Best Family Attorney in Vacaville CA

Family attorneys in Vacaville CA are often mistaken for divorce lawyers, but these two types of legal professionals differ in a number of different ways. Both of them are involved in divorce proceedings; however, that’s where the similarities end. The purpose of family attorneys in Vacaville CA is to mediate disputes between family members.
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3 Secrets to Finding a Great Attorney in California

Finding a great attorney in California is often easier said than done. There’s a large amount of attorneys associated with each legal specialty. While this state of affairs gives potential clients the luxury of being able to choose the right lawyer from a slew of legal professionals, it also increases the amount of time it takes to select an attorney.  You will find that picking a good lawyer is simpler than you heard.
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What to do if you Get a DUI in Vacaville CA

Everyone can agree that driving under the influence is wrong. Still, there are people who make bad decisions and get charged with a DUI every day all over the state of California. If you’re one of those people, you should follow the steps outlined in this blog post. Your ability to drive (and possibly your freedom) depends on it. While your current circumstances might seem bleak, there’s a light at the end of the tunnel as long as you have a plan for how you will proceed. [Read more…]