CUSTODY AND PARENTING IN SOLANO COUNTY DURING THE COVID-19 PANDEMIC Custody and Parenting in Solano County During The COVID-19 Pandemic

 

The Solano County Superior Court has issued recommendations for custody and parenting during the COVID-19 pandemic. This article will summarize these recommendations as a helpful resource to parents who are navigating custody and parenting during these challenging times. For the complete list of recommendations, go to https://www.solano.courts.ca.gov/materials/SSC_EO/Notice_to_Parents_Regarding_Custody_and_Parenting_Time_During_COVID-19_Pandemic.pdf. 

1. Vacation/Holidays Are As If Children Were Still Attending School.  

If schools are closed, parenting time shall continue as if children are still attending school and the closure of school for COVID-19 shall not be considered an extension of any break/vacation/weekend.  

 

  • COVID-19 Should Not Be the Sole Basis For Denying Time. 

 

Generally, COVID-19 should not be the sole reason to deny parenting time and the presumption is that parents are considered fit to make day-to-day decisions about the children, with the recommendation that parents follow state and local guidance on social distancing and sanitation. 

 

  •  Parenting Time in Public is Not Prohibited If Locations Are Permitted Under State Guidelines. 

 

If state guidelines allow for the public to be in a place, such as a public park, then parenting time in such places is not prohibited.  However, parents are encouraged to avoid locations such as parks and play equipment where virus transmission via contact would be risky.  If safe parenting time in public is not possible, then videoconferencing or telephone visits should be made available. 

2. Parties Should Work Collaboratively Where Supervised Parenting Time Is Not Available.

If a supervisor is not available due to COVID-19 or government orders for supervised parenting time, the parties should work together to make sure that the parenting time is effectuated in a way that is conducive to their children’s safety and well being, and parties may consider videoconferencing or telephone visits. 

 

  •  Travel Should Be Limited 

 

Travel should be limited to essential activities, which include caring for minors, dependents and family members. 

 

  •  CDC Guidelines Should Be Followed During Exchanges

When children are being exchanged, all parties should follow the CDC guideline for limiting the spread of the virus.  This means making reasonable changes in light of the risk, which may be choosing an alternate place for exchanges with fewer people.  

 

  •  Be Aware of Other Needs for First Responders When Calling for Parenting Disputes

 

Parents are encouraged to consider the need for first responders to be available for emergencies and support related to the COVID-19 outbreak. 

 

  •  Communication and Transparency are Encouraged During the pandemic

 

Parents are encouraged to work together and talk about the precautions they are taking to protect their children.  However, a parent cannot deny parenting time to another parent who does not want to discuss safety measures or on the basis that one parent thinks the other is not taking enough precautions. 

3. Parents are Encouraged to Schedule Makeup Parenting Time: 

Parents are encouraged to collaborate to schedule make up parenting time for time that was missed due to COVID-19 or other government orders.  Parents should prioritize their children’s health and safety and work together to create a plan that promoted the best interests of their children.  

 

Filed Under: Fairfield Lawyer, Family Law, Vacaville Attorney

Trust Auto Accident Attorneys to get you out of Misery

Auto accidents claim hundreds of lives every year. You could also be injured to an extent where you are hospitalized for a long time. Other people lose their source of livelihood and are forced to depend on their next of kin. An accident could leave you traumatized. Suddenly, you are faced with a huge hospital bill. This coupled with the fact that you were the family’s sole breadwinner can lead to a lot of emotional pressure. There is reprieve in the knowledge that you are entitled to some form of compensation. 

In order to wage a good fight for compensation, you need the help of auto accident attorneys. Here is a look at how an experienced lawyer can get you out of misery:

  • Legal assistance: An auto accident attorney is a professional who has gone to school and gained the relevant legal knowledge. Law is such a broad subject. Most attorneys prefer to specialize in respective areas such as divorce, personal injury and auto accidents. By engaging an accident attorney, you will get a chance to fight for your rights. The attorney will confront the insurance company as well as the vehicle owner. If no settlement can be arrived at, the attorney will push for the matter to go to court. Once the case is before a judge, your attorney can seek for compensation on your behalf.
  • Loss of income: When you are injured as a result of an auto accident, you may not be able to continue working as before. The injury requires medical attention. Upon leaving hospital, you have to stay at home in order to recuperate. All this time, your family will be deprived of an income which they rely on in order to survive. A good and experienced attorney will bring this to the attention of the judge and press for an adequate compensation. This is meant to cushion your family from the exposure of not having an income. It will also help keep all of you above the water.
  • Medical bills: Nowadays, most people use medical insurance to take care of their hospital visits. The nature of injuries sustained can deal a big blow to your cover or even exhaust it totally. Apart from the hospital fee, you have to pay doctors and finance the cost of drugs. Even after being discharged from hospital, you may require specialized care. All these should not have arisen had the person driving the car that hit you been extra careful. By extension, it is his/her responsibility to take care of you. With an attorney, you can claim a refund of what you have spent.
  • Suffering: Nothing can be equated to what you have been going through after the accident. You have been through a lot of pain, trauma and sometimes, feelings of hopelessness.  In order to help you get back on your feet, auto accident attorneys will see to it that the courts award you a reasonable settlement.

 

Filed Under: Fairfield Attorney, Fairfield Lawyer

Why an Accident Attorney is Your Best Bet When Tackling Personal Injury Suits

Being involved in an auto accident is a harrowing experience. It leaves you with not only physical injuries but with mental trauma as well. Besides, there are hospital bills to pay which eats into your finances. If the injuries are serious, you could be out of work for weeks or even months. Some people may be quick to give you all manner of advice. There are those who will tell you to take whatever compensation the insurance company will offer. The best advice you should listen to is that from someone telling you to consult an accident attorney. Here’s why:

The Severity of The Accident

If the accident is a minor one, going to an attorney might not be necessary. You can negotiate between yourselves and agree. Such agreements can help resolve matters and end it there. However, where the accident is severe and you have had to be taken to hospital, you cannot just settle for any amount. You need the intervention of a legal expert.

Benefits Factor

A car accident attorney understands the legal aspects of personal injuries resulting from auto accidents. He can wriggle through the bottlenecks associated with insurers. You must always bear in mind the fact that insurance companies are out to make a profit. Much as they would be willing to compensate you, the amount may not be in proportion to the injuries sustained. With assistance from an attorney, you can get a fair amount. He will fight tooth and nail to see to it that you are adequately compensated.

The Contingency Element

Law firms normally charge their fees on a contingent basis. The attorneys who specialize in this area do not charge their clients any fees while the cases are in progress. However, they will wait until the aggressor or a court awards you compensation. Once the money is released, they take out a certain percentage to cover their legal and processing fees. This puts you at an advantage because the attorney will have a direct interest in your case.

Where You Are Accused of Responsibility

This can be very tricky for you. It is also ironic in the sense that you are the injured person yet the other party accuses you of being responsible. Before an insurance claim is paid, the company must first ascertain who was responsible. The severity of the accident does not matter. Without a lawyer to speak for you, chances of being compensated are almost nil.  That is why you need to speak to an attorney immediately after you have been involved in an accident.

 

 

Filed Under: Fairfield Lawyer, General Legal Advice, Vacaville Attorney

What Makes a California Lawyer You Can Trust

At David Knecht Law, we focus on providing our clients with honest and reliable legal services. Whether you are in need of a lawyer for family law or a lawyer for estate planning, our experienced team is here to help. We are one of the leading law firms in the Vacaville area. Our attorneys are here to guide you through your legal case, ensuring you have the right team on your side to provide you with sound advice. When you are facing any legal case, it is important to do your research and find a lawyer who will focus on offering a number of options, while encouraging you with your endeavors. Here are four things you need to consider as you seek out legal counsel.

Lawyer Experience and Expertise

One of the things you need to discuss with the lawyer is the amount of experience they have with cases similar to yours. While some lawyers have experience in multiple facets of family law, do all of them have experience with difficult divorce cases? Do they have experience in the courtroom with cases like yours? How about cases dealing with child custody issues? It is vital to spend time looking for someone who has dealt with cases like yours, and has had successful outcomes.

Communication Skills

Another thing to look for with legal cases is to focus on an attorney with excellent communication skills. If you have someone that doesn’t do well in handling communication via email, phone, or text, you may want to consider a different lawyer. It pays to hire someone you know will answer your calls and will be diligent in replying to you. If the lawyer doesn’t respond in a timely manner, it can lead to frustration and a general wondering of what is happening. Some law firms have legal assistants who will focus on replying to general inquiries and making sure their clients are in the know.

Discuss Legal Fees

The legal fees of the law firm are another important element to consider as you look at your options. Some law firms will charge for each email, text message, and phone call. Other law firms do a flat rate fee. It all depends on your case, and what you need from the law firm. Typically law offices will have you come in for a free consultation about your case, and will determine the fee amount based on the potential outcomes of your case.

Look at Client Reviews

Another way to know you have a good lawyer is to look at their client reviews. What are people saying about them? How well have they worked for other clients in the past? It is important to look into online reviews, and ask around to hear word of mouth and find out what people think about them in the area. Check with the California Bar Association as they too have information about the attorney and their win-loss record along with client reviews.

Consult with several attorneys before you hire someone to represent you. Failure to find the right lawyer can leave you in a difficult situation. It pays to work with experienced, trustworthy professionals who always put you first. Contact the Law Offices of David Knecht today to schedule a consultation.

 

Filed Under: Fairfield Attorney, Fairfield Lawyer, Vacaville Attorney, Vacaville Lawyer

How to Find The Right Vacaville Divorce Attorney

Hiring an attorney can be one of the most stressful decisions you need to make. It pays to do some research to find someone that you can trust and will be able to help you win your case. Unfortunately, this is not always as easy as it seems. With over 165,000 California attorneys currently in practice, how do you find the right one? Here are some tips to follow that will help you find the right Vacaville divorce attorney.

Tip # 1 – Experience

A family law case is not always the easiest thing to handle as there is a lot of emotion with the case. A good attorney will have experience in handling a number of divorce cases similar to yours, and their goal is to handle your case with compassion, empathy, and understanding. Since the judges can change their minds quickly, it pays to hire an attorney who has dealt with the judges in the past. Having experience in the courtroom and with the judge can make a difference in how well your case is handled.

Tip # 2 – Attention and Communication

A good attorney will give you the attention you deserve. Hire someone who returns your phone calls and emails. A good attorney will make you a priority, and they will want to do whatever they can to help you stay connected. A good attorney will be prompt in returning phone calls and emails and showing you that they do have your best interests at heart.

When you meet with the attorney, pay attention to how they talk to you. Do they give you eye contact? Does the attorney seem distracted when they are talking? Are they always playing on their phone when you are talking? Eye contact is critical as it shows they are paying attention and have a vested interest in helping you.

Tip # 3 – Deadlines

When it comes to divorce, you will have multiple deadlines for paperwork and other filings. A quality attorney will not miss a deadline. One of the biggest red flags is when you have an attorney who misses a deadline. Missing a court filing deadline can hurt the outcome of your case, and ultimately hurt your future.

Tip # 4 – Clear Billing Practices

Getting divorced is an expensive process, so it pays to hire someone who is clear with their billing practices. Family law is a specialized field, so it is common for some of the attorneys out there to hike up their rates and promise large victories. A good attorney will never guarantee a win, they will be cautiously optimistic when it comes to “predicting” a case. An attorney will be clear about their billing practices and will let you know what you will be charged for, and if there will be additional costs. There are fees that can occur later on, but a good attorney will make sure to bring up this information ahead of time, so you are aware. Trust is critical when it comes to family law matters and a good attorney knows the importance of transparency.

Tip # 5 – Questions

A good family law attorney will give you answers to your questions. Before you hire the attorney, come prepared with a list of questions. Most attorneys will give you a free initial consultation, which is the time you want to start asking questions. Take notes during the consultation and write down personality traits of the attorney. You need to hire someone you can connect with, and make sure you have someone that you can trust.

Contact the Law Offices of David Knecht if you want to hire the best Vacaville divorce attorney. Our experts specialize in divorce, child custody, domestic violence, child abuse cases, and more. We have the experience and expertise you need to move forward with your divorce case.

Filed Under: Fairfield Lawyer, Family Law, Vacaville Attorney

3 Most Important Things to Avoid After Being Charged with DUI

Drunk driving continues to be one of the most serious crimes in the United States. According to the National Highway Traffic Safety Administration about 1.5 million people are arrested yearly for driving under the influence of drugs or alcohol. First-time offenders are not always prepared to handle the legalities that start when they have been charged with a DUI. Hiring a good attorney is one of the most important things you can do as you navigate the next steps to take.

Not Contacting a DUI Attorney

Many people aren’t sure what they should and should not do following a DUI charge. In some states, you can make your situation worse by doing the breathalyzer test or volunteering information to law enforcement. An attorney will be able to help you understand what you should and should not do so you don’t make the charges worse. DUI laws are complex and do require in-depth knowledge of the legal system.

An experienced and skilled DUI attorney will have experience with cases similar to yours and will be able to create a case strategy that provides a favorable outcome. The judges are another thing to consider as some are tougher on different types of DUI cases, so you do want an attorney who has dealt with the judges previously. The right attorney knows how to effectively present the information to the court in a way the judge prefers. Always make sure you are protected and do yourself a favor and hire an experienced DUI attorney.

Social Media

After you have been charged with a DUI, avoid social media. Make sure you have set your social media account to private so the information on your accounts cannot be used against you. Unfortunately, many people make their situation worse with pictures and postings showing you with drugs or alcohol on the night of the arrest. Prosecutors often use social media accounts and pull the incriminating photos to use against you in court. Not only do the images on the account hurt your case, they can also damage your reputation. Even if you are innocent, photographs and posts are not the information you need circulating about you. Do yourself a favor and avoid social media in the wake of a DUI arrest and do not post anything!

Acting Nonchalant

Following a DUI arrest, you need to take the situation seriously. Unfortunately, too many people act nonchalant after the arrest and assume their attorney will swoop in and take care of everything. If you haven’t taken a moment to write down everything that has occurred, you can make your attorney’s job extremely difficult to negotiate the best deal possible. Here are some things you need to work on following a DUI stop:

  • When and where were you when you were stopped?
  • Why did the officer stop you?
  • Did you take a breath test? What did the device look like?
  • Did you tell the officer anything about what you ate or drank?
  • What tests did the officer do in addition to the breath test? Did you do a eye tracking test, talk and turn, and one leg stand?

Taking a few minutes to go over everything and writing it down can help your attorney work on your case. The Law Offices of David Knecht Law in Vacaville has extensive experience in criminal law. Our team is here to help. Contact our office for a consultation.

Filed Under: DUI, Fairfield Attorney, Fairfield Lawyer

Characteristics of a Great DUI Attorney

 

Finding a great DUI attorney can be a difficult process, especially if this is your first DUI. Finding a good criminal defense attorney comes down to the following five characteristics:

  1. Excellent Communication
  2. Confidentiality
  3. Experience and Knowledge
  4. Aggressiveness
  5. Empathy

Excellent Communication

A good attorney will know how to listen to their clients. If you have an attorney that doesn’t put your needs first could cause you to have a larger fee to pay, or jail time to face. Not only should your DUI attorney be able to listen to you, they should be able to listen to the judges and opposing attorney. Having excellent communication is vital to making sure the case will go in your favor. A good attorney will know how to communicate with everyone and will know how to negotiate effectively.

Confidentiality

A DUI case can be embarrassing for some people. If you want to keep your arrest on the down low, you need to make sure you are working with an attorney who focuses on confidentiality. The information you communicate to your attorney should stay between the two of you. Make sure you talk about confidentiality with your DUI attorney prior to hiring them.

Experience and Knowledge

DUI law is always changing, which can lead to confusion for a lot of clients and even their attorneys. You need to make sure the DUI attorney you work with keeps up with the latest changes in the law and has recent experience in the courtroom with similar cases. Having more experience in DUI law is beneficial to your case as the attorney not only has recent information, but they have likely worked with the judge who was assigned to your case. A good attorney has experience with each judge and can tailor your case accordingly to obtain the best possible outcome.

Aggressiveness

A good attorney will have the experience in the courtroom you need in order to be aggressive. Having the right level of aggressiveness in the courtroom can help to improve your outcome in the case, and hopefully reduce the risk of large penalties and jail time.

Empathy

A DUI is not an easy thing to process for a lot of people. To some people, it’s a wake-up call to change their behaviors. To others, a DUI is simply a nuisance. No matter what, your attorney needs to have empathy for your situation. Some attorneys try to help their patients with their future by offering some counseling services to help you on your journey towards recovery and a positive future.

Contact the Law Offices of David Knecht Law in Vacaville, CA, today to discuss your DUI. These five characteristics will help you find the right attorney to represent you in court.

 

 

 

Filed Under: Fairfield Lawyer, Vacaville Attorney, Vacaville Lawyer

3 Things to Look for in a Fairfield Attorney 

 

Finding a good attorney can be challenging for many people. While there was a time when attorneys were not as prevalent, there has been a significant rise in the number of practicing attorneys in the United States. In fact, the attorney population has increased 15% in the past decade! A good attorney is someone who will fight on your behalf. Their goal is to focus on using ethical, cost-effective, and reasonable methods to help their clients receive the best outcome possible. Here are 3 things to look for in a Fairfield attorney. 

Comfort and Personality

A good attorney will make you feel comfortable when you are working with them. While you want someone who is going to be good in the courtroom, you want someone who will valve your time in their offices. Do you feel like you can be honest and open when speaking with an attorney? An attorney cannot help you if they are not willing to pay attention to you. Reading some online reviews from past clients can help you find out if you are working with someone who does value their clients. 

Attorneys who value their clients will spend time with them no matter how large or small their case is. You want to find an attorney who does answer phone calls, emails, and text messages. Even for a routine case, a good attorney understands how stressful the entire process can be for their clients, and they are here to help you through it.  

Fee Structure and Record

The fee structure  is something the attorney will be up-front with you right away. A good attorney will lay out how their fees work, and if there is a possibility if you do have additional charges possibly coming your way. If you have a small case, some attorney’s will do a flat rate fee while others may bill by the hour. Do some research before you start meeting with attorneys so you do have an idea of how much this case will cost you.

Before you meet with the attorney, you need to check on their record. What type of cases do they specialize in, and how successful are they in their industry? Look at the online reviews to find out what people are saying about the attorney, and make sure you know everything you can find out before meeting with them so you can bring up some issues. One bad online review doesn’t mean you have an attorney who won’t value you and your time. Check with the state bar association to read up on any complaints against the attorney. 

Experience

Going along with the track record of the attorney, you want to find out what their experience is. What areas of law are the focus of their practice? What is their win-loss record in the industry? Based on what your case involves, you need to find the attorney with the experience that will win your case. 

When it comes to finding a great attorney, you need to spend time researching. Do not just call the first number you see in the search engines. Spend time meeting multiple attorneys, feeling out how their personality works with yours, how successful they are, and if you feel they will be a good fit for you. We hope these tips will help you find the right Fairfield attorney to represent you in the court of law!

 

Filed Under: Fairfield Lawyer, General Legal Advice

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.

 

 

 

Filed Under: DUI, Fairfield Attorney, Fairfield Lawyer

Changing the Terms of Your California Divorce Decree

Circumstances change over time, and sometimes that means that the divorce decree, or Final Judgment of the Dissolution of Marriage, needs to be modified. There are two ways a divorce judgement can be changed.

  1. Appealing the judgment to the California District Court of Appeals.

Appealing the judgment is a method that is not used as often because appeals are usually only granted If the trial court did not apply the law correctly or if the judgment was the result of one of the party’s bad faith, such as intentionally hiding assets.

  1. Motion to Modify the Terms.

A motion to modify the terms is the more commonly used approach to change the divorce decree.  Modifications are usually more likely to be successful, less expensive, and faster.

  • Can modifications be temporary?

Yes, modifications can be either temporary or permanent.  For example, if a party has lost his or her job, the divorce judgment may be modified to change child support or alimony temporarily.

  • Can modifications be permanent?

Yes, modifications can not only be permanent, but they can change some or even all of the divorce decree.   Examples of a permanent modification might be where one party permanently changes careers or acquires a disability or injury which permanently changes that party’s ability to pay child support or alimony.  Other changes could be to child custody, where the changes accommodate the growing and changing needs of children.

Some people feel locked into the divorce decree, perhaps because they don’t realize that changes are possible or perhaps because they fear the pandora’s box that may be opened if they readdress the current terms.  An experienced divorce attorney, such as David Knecht, can provide advice about how to modify your divorce decree to make it right for you.

Filed Under: Divorce Lawyer, Fairfield Lawyer, Vacaville Attorney
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