Family, Wills and Trusts, and Criminal Defense
It can be a scary phone call when you answer the phone and find out that your juvenile son or daughter has gotten into trouble. Some parents may get sad or even mad but likely one of the most common responses is confusion as to how this could happen and what happens next.
Q. What will happen if my child gets in trouble?
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*If you are currently in danger call 911*
Many people end up in relationships where things get out of hand and there is abuse involved. These troubled relationships can be with a spouse, a partner, a sibling, or even a parent. Nobody should have to suffer through these types of relationships and feel helpless. Seeking a restraining order may be a possibility to help protect you or someone you love.
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Many people in California have recently heard the story about the “Nightmare Nanny,” the nanny that refused to vacate the home where she lived and worked. Her refusal to leave once she was fired by the family that employed her created a difficult and awkward situation. This article is a brief discussion about when you may be able to evict a renter or a tenant. There are a lot of variables in these types of cases so it may be in your best interest to consult David Knecht if you find yourself having landlord/tenant issues.
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According to the most recent statistics on census.gov, the mean child support due was $6050 annually. The mean child support actually paid was $3770, which is about $315 per month. These figures are based on 2011 and are national, not California – specific, but they give interesting context to the questions of whether you are paying too much child support or whether you are paying too little child support. This article is a brief overview of the basics of child support. For more information about child support or for help collecting unpaid child support payments, feel free to contact David Knecht at davidknechtlaw.com.
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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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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…]
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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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:
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
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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