Fairfield Lawyer Archives - Page 8 of 10

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:

Excellent Communication
Confidentiality
Experience and Knowledge
Aggressiveness
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.

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.

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

Alimony: Federal Tax Code Changes

There’s a change to the tax code that could impact you. If your divorce is final after December 31, 2018, then alimony will no longer be deductible in your federal taxes if you are the person paying the alimony. It will no longer be included in your gross income if you are the person receiving alimony.

Where does the new rule come from?

The Tax Cuts and Jobs Act (TCJA), signed into law in 2017 will end the alimony-payer deduction and the payee’s income inclusion for agreements executed in after 2018.

Is there a “grandfather clause”?

Yes, alimony agreements executed on or before December 31, 2018, are grandfathered in. Also, if you later modify an agreement that was executed prior to December 31, 2018, then you can choose to stay grandfathered in or adopt the new rule.

How is the new rule different than the old rule?

The old rule was that the alimony was tax deductible and the money paid to the spouse was included in income. The new rule is that the party paying alimony no longer gets the deduction and the person receiving it now doesn’t have to report those amounts as income.

Does this change California State tax?

No, the new rule relates to federal taxation but not state taxes. Your California state tax rules will remain the same.

What’s the practical effect of this change?

The general impact is that overall more taxes will likely be paid because previously the payor spouse received a tax break through a reduction of their gross income, and the receiving spouse was at a lower income. For each couple, though, the practical impact of this may vary. There may be other strategies that can be employed that have tax advantages to both parties, so consult with a Fairfield lawyer to find out the best options for your particular circumstances.

Filed Under: Fairfield Attorney, Fairfield Lawyer

Tips for Working with a Custody Mediator

There are different types of custody mediation. In one instance the court may order mediation to resolve contested issues. In other cases, the parties may participate in a private mediation with a retired judge, attorney, etc. In either case, there are some general rules of thumb that will help you prepare for a successful interaction with the mediator.

Always look through the lens of the best interest of the children.

As you prepare for mediation, remember your focus: the best interest of the children. Other motives such as your convenience, getting revenge for past wrongs, or being unyielding to send a message will not be well-received by the mediator. As you consider what you want, always put the child first.

Review important documents.

Brush up on any active orders or other important documents. In order to focus the discussion on the right issues, it will be helpful for you to remember clearly the decisions that have been made already in the case.

Organize your goals but stay open to other possibilities.

Consider what you want to accomplish in the mediation and focus on the big picture. Walk in knowing what you would like to accomplish but be open to different solutions on how to achieve what is best for the child. Try to stay reasonable and keep an open mind, but be organized enough to know what you would like to achieve.

Try to stay logical and calm.

In a mediation, you can speak honestly about your position. Do not feel pressured to agree. However, staying logical and calm is very important. Disparaging the other party will only waste time. Make your position clear and keep your focus on the best interest of the child when you explain that position.

Take your turn to talk when you have the floor, but don’t interrupt others.

Listening is a skill often underestimated by many. Listen carefully to what the mediator is saying. Don’t be so concerned with your argument that you don’t take time to understand other points of view. Interrupting others is an easy pitfall in a highly emotional situation, but it can put a mediator on the defensive. Listen to what he or she has to say and then respond at the right time, and your arguments will likely be better received and understood.

With the right preparation and attitude, you can have a very successful mediation experience. The bottom line is to always focus on the children and keep yourself professional, articulate and calm.

Filed Under: Fairfield Lawyer, Family Law

Common Questions To Ask When Going Through a Divorce

Divorces range from simple to complex, but almost everyone who is considering a divorce will ask some basic questions. This article will walk you through five common questions, and provide the answers you need to start thinking about the best way to approach your divorce.

What are the options for ending a marriage?

Divorce, legal separation and annulment are the options for changing a marriage or domestic partnership relationship.

Does the person who gets to the courthouse first have an advantage in a divorce?

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.

Does the other person have to agree to a divorce? Do I have to prove they did something wrong?

California is a “no fault” divorce state, so you do not have to prove that the other person did something wrong. The spouse or partner does not have to agree to the divorce. If that person refuses to participate, you can still get a default judgment which will allow the divorce to be final.

Will a divorce affect my immigration status?

The answer to whether a divorce will affect your immigration status is very case specific. The short answer is that it may or it may not, so it would be wise to consult with an attorney on the specifics of your situation.

What types of issues typically arise in a divorce?

Each case is different, but these are the issues that often arise in a divorce situation, so you’ll want to discuss these topics with your attorney:

Division of your money, real property, investment accounts, etc.
Responsibility for paying debts
Spousal or partner support
Child custody and visitation
Child support

Filed Under: Fairfield Lawyer, General Legal Advice

Things You Need to File For Divorce with the Courts

If you are ready for a divorce, you may wonder about the essentials needed to get the process rolling and the steps that must be taken to reach your goal. This article will discuss three essentials for getting a divorce in California.

Time. There is a mandatory waiting period in California that prevents any couple being divorced in less than 6 months. The divorce can take longer, but it can’t take shorter. The starting point is the date the person officially notifies the spouse or domestic partner about the divorce. You can get your paperwork in sooner and get the judgment approved, but the divorce will not be final until the waiting period has run.

Summary dissolution. You may be wondering if you can avoid the waiting period by obtaining a summary dissolution instead of a divorce. The answer is no, a summary dissolution does not have a shorter waiting period than a divorce. Y
- Summary dissolution criteria: You can qualify for a summary dissolution if you meet all of the criteria. (A few examples of all the criteria include being married for less than 5 years, not having children together, not owning property together, etc. A full list can be found at http://www.courts.ca.gov/1241.htm#How-To_Guide_for_Summary_Dissolution_for_a_Married_Couple).

You will have to pay a fee to file the divorce papers with the court, unless you qualify for a fee waiver. You can qualify for a fee waiver if 1) you are receiving public benefits, 2) if you household income before taxes is less than the minimum amounts designated by the court, or 3) if the court finds that you don’t have enough money to pay for your household’s basic needs and the court fees.

Residency in California. A court has to have jurisdiction to hear your case, which is why residency is important. It would not make sense if you and your spouse both resided in New York, and you asked a judge in California to have jurisdiction over a California divorce. Either you or your spouse must have lived in California for the last 6 months and the county where you plan to file the divorce for the last 3 months. If you and your spouse have lived in different counties for the last 3 months, then you can file in either county. You can still file for a legal separation if you haven’t been in California for the last six months, and then you can file for divorce when the time has expired.

The essentials are fairly straightforward: time, money and residency. The details of the divorce can be more complex, so consult with an attorney on your specific facts.

Filed Under: Fairfield Lawyer