General Legal Advice Archives - Page 2 of 3

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

Guilty Plea or Go to Trial?

If you’ve been charged with a DUI, you will eventually have to make the important decision of whether to accept the “known evil” of a plea deal, or risk the unknown of a trial? This article will walk you through the questions you need to ask your attorney as you contemplate this important step:

You can fight the charge even if you feel guilty.

You do not have to make a decision the first time that you are asked what plea you will be entering. Even if you think you are, in fact, guilty, you have a right to enter a not guilty plea and to prepare a defense. You can take your case all the way to trial, even if you feel guilty. The police officer may have violated your rights during the stop. The tests may have been administered improperly or registered incorrectly. Don’t assume just because you feel a certain way that you can’t mount a powerful defense.

How likely is success?

You need to discuss your odds with your attorney. Nobody has a crystal ball to tell you what will happen, but they can tell you what has happened in other cases with similar fact patterns. What is your attorney’s experience with this police officer? Does he come to court prepared? What about the judge?

What will the plea bargain do for you?

What deal is being presented? Is there any real advantage to entering a plea? If you are likely to receive the same sentence if you do not enter a plea, then that is something to consider in your choices. Is cost of defense a factor? You are in the driver’s seat of your case, so be assertive in making a decision that is right for you.

Who are the key players?

What kind of prosecutor do you have? Is he or she likely to prepare a case, or will the prospect of trial be such an annoyance that a better plea will be offered on the day of trial? How reliable are the witnesses? How effective is your counsel? The facts are important, but the skill and preparation of the players.

What would be the consequences of losing at trial?

Be sure to understand all the consequences of a plea and all the consequences of losing at trial so that you can make an informed choice. Get the whole picture of counseling, probation, and fines.

The choice of whether to fight or bargain is a tough one. Consulting with an experienced criminal defense firm is vital for making an informed decision.

Filed Under: General Legal Advice, Legal Advice

Visitation Rights of Grandparents in California

Are you a grandparent who adores your grandchildren and is concerned about visitation in the event of divorce? This article will help you understand your rights as a grandparent.

Can a grandparent ask the court for visitation?

Yes, a grandparent can ask the court for reasonable visitation. In order to grant that request, a court has to evaluate two factors: 1) there has to be a bond already in existence between grandparent and grandchild, such that the visitation is in the best interest of the child, and 2) the court has to balance the best interest of the child in having visitation with the parents’ right to make decisions about their child.

Can the grandparents take action to get visitation if the parents are still married?

Generally, no, the court will not order visitation for a grandparent if the parents are still married. The exceptions to this general rule include:

Grandchild has been adopted by a stepparent
Child does not live with either parent
One of the parents joins the grandparents in their petition for visitation
A parent’s whereabouts are unknown
The parents are living separately

Where can I find more information about grandparent custody rights?

California Family Code section 3100-3105 can provide more information about grandparent custody rights. You could also consult an experienced family law firm, such as David Knecht Law.

How does a grandparent ask for visitation in court? What is the process?

A grandparent can file a petition in court to ask the court to order visitation with a grandchild. In general, the first step would be to find out if there is an existing case already open or whether the grandparent needs to start the case themselves. The next step would be to file the appropriate paperwork and serve those on the parents. Subsequently, a hearing or mediation may be scheduled. When the judge makes a decision, he or she will sign a court order.

A grandparent can add security, love, and wisdom to a grandchild’s life. If you are a grandparent who is concerned about securing the legal right to visit your loved one, contact a firm that is experienced in family law, David Knecht Law.

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

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

3 Tips on How to Create a Perfect Parenting Plan for Your Children

A parenting plan is required in every divorce case because it establishes the rules for physical and legal custody for the children. If you and the other parent can agree, then it is a stipulated plan, or if you cannot agree then the court can establish a parenting plan for you. You can tailor the parenting plan to the needs of your family, and this article will help you think through some important points you will want to include in the plan.

What are important issues for physical custody you should think through in creating the plan?

When will visitation occur
How will children be exchanged
Holidays, school breaks, special events
Accommodations for a parent’s illness or travel
Parent wants to relocate
Extracurricular activities and lessons
Resolving disputes
Phone/email/social media access with other parent
Military or other prolonged absence
Discipline or punishment methods
Children’s clothes and other belongings and how they are exchanged
Cancelations and delays

What are important issues for legal custody you should think through in creating a plan?

Religious attendance
Immunizations
Medications
What school will the children attend
Babysitting/Daycare arrangements
Emergency care

What needs are specific to your child that should be considered?

How old is each child
What routines would work best for your child’s personality
How do the school schedules of each child fit with the plan
What will give your child a sense of security and routine

A parenting plan can be unique and tailored to your children or it can be more general. If you have questions or need help in formulating a great parenting plan, we here at http://www.davidknechtlaw.com/ can help!

Filed Under: Fairfield Lawyer, Family Law, General Legal Advice

How to Know if Your Assets Are Being Split Fairly In Divorce

Whether you are just considering a divorce, starting the process or right in the middle of it, at some point you are going to wonder if you are getting a fair shake. An attorney can look at your particular assets and debts and tell you the best plan for you, but this article will provide general information about the landscape of asset division in California and educate you to ask the right questions about the facts of your case.

Why do I need to care about community property vs. separate property?

In general, California law requires community property to be split between the spouses 50/50, whereas separate property may be retained solely by the spouse who owns the separate property.

What is Community Property?

California Family Code provides the general definition of community property: “Except as otherwise provided by statute, all property, real or personal, wherever situation, acquired by a married person during the marriage while domiciled in this state is community property.”

What is Separate Property?

California Family Code defines separate property in several sections, but the section that is broadest is as follows: Separate property of a married person includes the following: 1) all property owned by the person before marriage, 2) all property acquired by the person after marriage by gift, bequest, devise or descent, 3) the rents, issues, and profits of the property described in this section.

Commingled funds make characterization challenging:

Commingling is where both separate property and community property have been combined in such a way that the character of the property isn’t clearly apparent upon first analysis. For example:

Down payment or loan money for the purchase of a home came from a gift to only one spouse, but community property funds have been used to pay mortgage.
A premarital bank account from one spouse is used by both spouses after the marriage, so it contains both pre-marriage separate property and community property funds.

These are just a few examples of the myriad of ways that funds can be commingled. The process of sorting these out through tracing, etc. is beyond the scope of this article, but advice from an experienced family law attorney can assist in identifying and proving the proper character of commingled assets.

Determining the value of assets?

A key issue in fair division of assets is assessing the value of an asset. This can be challenging for some assets, but thinking through how the value of each item will be assessed is an important step in making sure you are getting a fair division.

Don’t forget about debts.

The focus of this article has been assets, but don’t forget to calculate in the value of your debts. For example, a mortgage on real property, school loans, and credit card debt should never be left out of the analysis.

This is just the tip of the iceberg to get you thinking through issues relating to identifying community property and assessing its value. The division of money and time with the children are the two most important issues facing many couples in divorce, so a thorough analysis of these issues by an experienced family law attorney will help you understand the law and achieve a fair resolution.

Filed Under: Divorce Lawyer, Family Law, General Legal Advice

Should You Trust an Attorney with Honors and Awards?

This article will give you a helpful map of the honors and awards that you should be looking for as you consider an attorney’s resume and whether he or she is the right person for you. This will tell you what to look for and the red flags to avoid in analyzing an attorney’s success and history.

Look for Past Successes. An excellent experienced attorney will have a long history of past successes. This is likely the type of success that you want to give the most weight when comparing attorneys because success in your particular type of case is likely to be the most relevant. Look for a “Result” tab or “Successes” tab on the attorney’s website. This will give you an indication of the types of cases the attorney has handled. You will also get a feel for what a successful outcome in those cases looks like to him or her.

A disclaimer on past successes is a good thing. Typically, an attorney will have a disclaimer that states something to the effect that a success in one case does not guarantee a success in your case. The disclaimer itself is in indication that the attorney is honest and ethical. An attorney who promises you a particular result should be viewed with skepticism because no two cases are ever identical.

Look for Relevant Experience in Other Roles. Look for experience that is relevant to the type of case you will engaging the attorney to handle. For example, in criminal law, an attorney who has been on both sides of the case can have a unique perspective that can be helpful to you. For example, a defense attorney who also worked as either a prosecutor or as a police officer may know the system from the inside out. Similarly, a family law attorney who has experience as a guardian ad litem, victim advocate, or some other role in the court may be able to draw on that broad exposure to assist you more effectively.

Red flag. Experience in other roles can be very effective in building an attorney’s skills, but be cautious of someone who has very recently switched to the area of law you are interested in. An attorney whose recent experience is relevant to your case is likely more ready to represent you than one who just barely switched to your area of law.

Clerkships can be prestigious and also give an attorney insight into the court system or the political system that the attorney wouldn’t otherwise gain from just practicing law alone. Look for clerkships on an attorney’s resume, and you may give more credence to clerkships that are with judges in California or your county.

Law School Awards and Honors. Awards from law school may be in the far past, but they give you an idea of the personality type of the attorney. Look for participation in law school extra-curricular activities, such as Moot Court or Law Review or clerkships completed during law school.

Law-Related Memberships, Community Awards, and Community Service. You will likely want an attorney who is well-respected in the legal profession and the community. Look for memberships in legal organizations, because these show an interest and connection to those legal specialties or groups. Look for community awards because these indicate that your attorney has accomplished goals that are above and beyond the norm. Consider community service that has been done by your attorney because those may indicate a personality that is committed to helping others.

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

3 Things to Know About the Discovery Process for a Divorce Case

If you are going through a divorce, you may hear terms that you don’t understand. One of the terms that is heard often is “discovery.” This article will explain the basics of discovery – what is discovery, what types of methods, and what types of information are produced– so that you can understand the procedures and terms that will be used in your divorce.

1. What is discovery?

In legal cases, both parties need information.
The process for obtaining this information is called “discovery.”
One question clients often ask is whether you can hide information or lie about it or say that it’s too private to disclose?
- In general spouses are under obligation to make a full and accurate disclosure and failure to do so can result in a Motion to Compel and ultimately sanctions. However, your attorney is in the best position to assists you in properly responding in the discovery process.

2. What are the different means of discovery? Here is a sample of some of the most used methods of obtaining information in the discovery process for a divorce case:

Depositions – interviews with parties or non-parties.
Interrogatories – written questions to the other party.
Requests for Admission – similar to an interrogatory because it is in writing, but with these you are not asking for information, you are asking for it to be admitted (i.e. confirmed or ratified).
Inspection Demand – where a party wants an opportunity to review certain documents or things.
Request for an Income and Expense Declaration. If support has been ordered (child, family or spousal support), then one party can use this to obtain production of a current income and expense declaration and income tax returns.

3. What types of information are typically discoverable in a divorce case? The range of information that can be gleaned from discovery is very large. In general, it covers any unprivileged information that is relevant to the case. In layman’s terms, it’s relevant if it could be admitted as evidence in the case or if it could lead to relevant evidence in the case. Here are a few examples of the types of information that could be requested in discovery:

Employee payroll information – since this is important to proper division of community property and to determine child support and spousal report, this information is typically part of the discovery process.
Business Records or tax returns — If one of the parties has a business, then the information about the value of the business and its assets will be important to determine.
Information about where the child is – If one parent does not know the whereabouts of one or all of the children, this information can be obtained in discovery.
Domestic violence convictions – This type of conviction impacts the safety of the child. Often one parent is aware of the history of child abuse or domestic violence of the other parent, but if not, this information could be found out through discovery.

Filed Under: Divorce Lawyer, General Legal Advice

What to Do If You Have Already Hired a BAD Attorney

The person representing you is vital to your case, but sometimes your initial decision was the wrong move. What do you do now? The next step is a decision only you can make, but this article will walk you through sound reasoning that will assist you in making the right choice. Know that you are not alone. If you are questioning whether you need to hire someone else, don’t hesitate to set up a consultation with the attorney you have in mind as a replacement and get his or her opinion on the situation.

Is your attorney making mistakes that are prejudicing your case? – Is your attorney doing things or NOT doing things that are going impact you long-term and hurt you in some way? Serious mistakes on your attorney’s part can affect you forever. Here are some of the serious ones to watch out for:

Missing deadlines for filing motions.
Forgetting court appearances.
Completely ignoring communications with you.
Not having sufficient knowledge or experience to adequately represent you.
Being dishonest or encouraging you to make misrepresentations to the court either verbally or in writing.

Possible courses of actions with prejudicial mistakes:

Terminate your relationship with your attorney and find alternative representation.

In some cases, it may be appropriate to ask for a reduction or refund on your fees.

If the attorney’s mistakes are particularly egregious, you may feel it is appropriate to report those to the Bar of the State you live in.
If the attorney you are dissatisfied with is a public defender and not someone you have hired, you can request a different attorney or represent yourself. Be prepared to share with the judge the exact reasons why you are dissatisfied because a bare assertion that the attorney isn’t doing a good job will probably not be specific or factual enough to sway the judge to your point of view.

Are you dissatisfied with your attorney for reasons that may be fixable with communication? – Is your attorney doing things that annoy, bother or frustrate you?

You don’t feel respected by your attorney.

You don’t feel that your attorney has thoroughly evaluated the information or evidence you or others have provided.

You don’t feel your attorney has the right tone with a judge/opposing counsel/prosecutor, and you would like a different tone? (i.e. more or less adversarial, more confident, etc.)

Possible courses of actions where you feel the problems may be fixable with communication:

Many attorneys respond to facts. Give specific examples of what is bothering you and recommendations on what you feel would be an appropriate resolution.
In some cases, it may be appropriate for you to request a partial refund on your bill.
Many attorneys appreciate organized, written communications. Summarize your concerns with your attorney’s performance in writing. Not only does this step help the attorney understand you, but it can also document the problems.

You deserve to have an attorney that you feel confident in and who represents you well. The practice of law is a service business where you are the client, so take charge of the relationship. Work it out if you can or find someone different, but don’t sit back without making informed and thoughtful decisions about your future.

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

HELP! I Need to Hire an Attorney and I’m Broke!

If you are not in a position to afford to pay for an attorney, you are not alone. Many people struggle just to make ends meet, so it’s not unusual if legal fees may put a strain on your budget. This article will provide some ideas of resources to help you.

Criminal Case – Do you qualify for a public defender? If you do not have the means to hire an attorney to represent you in a criminal case, the judge can appoint an attorney to defend you. When you go to court for your first appearance, you can request an attorney. Judges may ask different questions about your income, but in general come with prepared with information on:

Your income

Your debts, including student loans, credit card debts, etc.

Your assets. For example, you may be asked whether you own or rent your home, whether you own or make payments on your car

Family Law Case – Have you checked into free community resources? For example, if you live in Solano County, the Solano Legal Access Center might be a helpful resource to you.

http://solano.courts.ca.gov/Courts/SolanoLegalAccessCenterSLACandFamilyLawFacilitator.html

The website above is a resource for California forms.

This website also has a repository of self-help information, videos and documents.

Domestic Violence – Have you looked into a Victim’s Advocate Office in your community? Many communities have teams of professionals dedicated to assisting in protecting you from domestic violence.

For example, the Solano Advocates for Victims of Violence https://www.savvcenter.org/

Another resource for those in the Vacaville area is the Advocate Against Domestic Violence in the African – American Community, http://www.aadvac.org/

Pro Bono for Other Types of Cases – There are instances where an attorney may assist you without charge. The term for this is “Pro Bono.” It isn’t the norm for an attorney to represent you for free or for a reduced fee, but there are instances where a lawyer may be willing to help you. Use your resources. Ask people in your network if they have a friend who is an attorney. Meet with a lawyer and explain your problem. Don’t expect free services, but you may be able to work out payment plans or other billing options that can make the representation affordable for you.

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