General Archives - Page 9 of 15 - Vacaville Attorney

How to Know If You Have Chosen the Right Family Lawyer

You are getting a divorce. Or perhaps you have happy news, and you are adopting a child. It can be liberating, overwhelming, stressful, or exciting or all of the above. No matter how your family is changing or how you feel about it, the most important action you can take to ensure that it goes as smoothly as possible is to find the right lawyer.

1. Experience. Experience. Experience. If you don’t have someone with experience, you have the wrong attorney.

Education is not the same as experience, so it almost goes without saying that your attorney is not fresh out of law school and working on his or her first family law case.
Ask your attorney how many family law cases he or she has handled. A
Ask about the outcomes of your attorney’s previous cases.
Ask how comfortable your attorney is with hearings, in the court room, and in your jurisdiction.
Don’t just be satisfied with surface answers but really dig to make sure that your lawyer is knowledgeable, confident, and accomplished.

2. Find the Lawyer that Fits Your Style.

You know your situation and your personal preferences better than anyone else, so find the lawyer that is a good fit for you. Here are some types to look for:
- “The Bulldog” – some attorneys are extremely brash and aggressive. This might be the type of person you need if you have a bully for a spouse in a divorce or if there are issues that will be hotly contested.
- “The Negotiator”– some attorneys are excellent at finding the win-win for all parties and for the family, and they can be effective in selling solutions even to an adversarial spouse.
- “The Researcher” – some family law cases involve assets that are complex. Perhaps a you own a business together, perhaps some of your assets are also owned with other family members or in-laws. If you know that your assets are complicated, you want an attorney with the patience and finesse to handle that type of case.
- “The Problem-Solver” – some families face unique problems – care for a special needs family member for example or perhaps a parent’s job that places unusual hurdles that make the case atypical. If you see that your divorce falls in this category, you want to find an attorney who can think outside the box and who isn’t just trying to fit you into one of a few typical scenarios.

3. Make sure Your Attorney Is Within Your Budget.

You can expect a family law case – whether divorce or adoption — to put a strain on your finances, even if you have a fairly large family budget because it is an out of the ordinary expense.

Ask your attorney how he or she anticipates your case will go.

Don’t be afraid to push for an estimate on costs.

Find out how you will be billed and who will work on your case.

Inquire about the most cost-effective means of communication with your attorney and his or her staff – i.e. emails, calls, texts, etc.

Filed Under: Family Law, General

5 Secrets to a Successful DUI Defense

If you are facing a DUI charge, the most important step is not to give up. The government has the burden to prove its case against you, and there is hope for a good resolution. This article will give you the 5 most important secrets to preparing your DUI defense.

1. Request an administrative hearing with the DMV regarding your Driver’s License within 10 days.

What is this hearing? – You only have 10 days from the date of arrest to request a hearing at the DMV office. The formal name is Driver Safety Administrative Per Se “APS” Hearing.
What happens if I do request it? – A DMV hearing officer (not a judge) presides over this hearing. This officer cannot fine you or send you jail. The sole issue is whether or not your driver’s license should be suspended.
What happens if I don’t request it? – If you don’t request a hearing, the default is that your license will be suspended 30 days from your arrest.

2. Get an attorney that has experience in DUI cases.

Attorneys are not “one size fits all.” There are many different areas in which attorneys specialize. They also greatly range in experience and competence.
Look for an attorney who focuses on criminal law and who has experience.
Find an attorney who regularly practices in the court where you will appear so that your lawyer will know the judge and the prosecutor well or at least have been in front of them before.

3. Use the DMV Hearing to Learn More about the Case Against You.

Bring an attorney and gather information. You have the right to be represented by an attorney at the DMV hearing, and it provides a good opportunity for you and your attorney to find out information because you can do the following:
- Hear the evidence against you
- Subpoena witnesses (such as the arresting officer)
- Present testimony of witnesses (such as a passenger who was with you)
- Cross-examine witnesses
- Testify yourself.

4. Consider a Motion to Suppress Evidence

A Motion to Suppress is basically a document that requests that the Judge disallow certain evidence against you on the basis that it was illegally obtained.

This Motion could be challenging the reason for the traffic stop, the questioning conducted by a police officer, etc.

A Motion to Suppress is very fact-specific based on your particular case, so be sure to consult with your attorney on whether this Motion would be effective in your case.

5. Consider a Plea Bargain.

Although some Defendants relish their “day in court,” there are instances where a plea bargain may be a safer bet given the evidence against you.

Like the Motion to Suppress, the decision on whether a plea bargain is right for you is very individual to your specific case. You will need to consult with your attorney, but keep your mind open to a plea bargain because sometimes the best defense is when your attorney negotiates an advantageous bargain for you.

Filed Under: DUI, General

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

What Should I do if there is a Warrant for My Arrest?

What is a bench warrant and why is there one for me?

Some of the most common reasons why there might be a warrant for your arrest is that a judge issued a bench warrant based on 1) failure to appear in court on your scheduled date, or 2) failure to complete the terms of your probation, or 3) failure to pay fines. A warrant is signed by a judge and authorizes law enforcement to arrest you.

What are the consequences of failing to comply with court orders?

Failure to comply with court orders may result in a mandatory court appearance, additional charges being filed by the prosecutor, a hold being placed on driver’s licenses with the DMV or an arrest warrant.

What does an arrest warrant mean to me?

An arrest warrant puts you at serious risk because a police officer has a duty to arrest you if there is one outstanding. This often happens if you are stopped for a traffic violation, and the officer runs your license and discovers that there is an outstanding warrant. You can also be arrested at your home or workplace or anywhere that you might come in contact with the police.

What can I do if I’m concerned about an arrest warrant?

A criminal defense attorney can tell you if there is a warrant outstanding, what it’s for and the amount of bail. Your attorney can help you schedule a voluntary appearance, so that you can avoid the scene of getting arrested unexpectedly. If you are out of state, your attorney can provide information to you about your options.

Do I have to go to jail if there is an arrest warrant out for me?

Not necessarily. In some cases, your warrant may be able to be recalled without ever having to appear in court, post bail, or spend time in jail. This depends on the particular circumstances. For bench warrants relating to misdemeanor offenses, your attorney can typically appear in your absence to clear the warrant.

Filed Under: Criminal Law, General, Vacaville Attorney, Vacaville Lawyer

Can I get a Felony Conviction Reduced to a Misdemeanor?

A felony conviction can have serious repercussions for employment, loans and grants and immigration. With a Proposition 47 Petition, you have a chance at getting your felony reduced to a misdemeanor.

Background on Proposition 47

California voters passed this proposition to allow people who had been convicted of certain felonies to have those felonies reduced to misdemeanors.

What are some of the types of felonies that work for a reduction under Proposition 47?

Certain felonies such as shoplifting, forgery, check fraud, theft , receiving stolen property where the amount was less than $950

Is there a deadline on when these petitions can be filed?

Yes, consult with your attorney on deadlines and filing requirements. Typically, the petition must be filed in the original court where you were sentenced.

Who is not eligible?

If you have had a previous conviction for certain sex offenses (such as rape, child molestation) or certain violent crimes (such a murder, or attempted murder), then you would not be eligible to petition a court for resentencing under Proposition 47.

Will there be a hearing?

A hearing is not mandatory, but may be involved. If you are out of state, contact an attorney about a Proposition 47 reduction.

What are my chances?

The court will look at whether you satisfy the criteria and then grant the petition unless resentencing you would grant an unreasonable risk of danger to public safety.

How many other people have filed these petitions?

As reported by NBC Sand Diego back in 2014, thousands of Prop 47 Petitions have been filed. With the deadline to file fast approaching, now is the time to make a decision if you have been considering filing a Proposition 47 Petition. (See http://www.nbcsandiego.com/news/local/Prop-47-Has-Immediate-Impact-on-SD-Judicial-System-Attorney-281711231.html)

Note: This article does not list in its entirety the types of crimes for eligibility or ineligibility. This article is not intended as legal advice. Rather, it is informative about introductory information regarding Proposition 47 and interested parties are encouraged to seek legal advice from an attorney.

Filed Under: Fairfield Lawyer, General

How to Know When to Strike a Plea Bargain and When to Go to Trial

Deciding what to do when you are facing a criminal charge can be challenging, but taking a step back to analyze your case will help you decide the best course of action for you. Since each case is different, there are many facts and factors play into a decision this important, but this article will help you think them through.

Do you need to decide yet?

If you were just arrested, you do not need to decide immediately whether to enter a plea or go to trial. You will have the opportunity to attend hearings prior to trial. If you qualify, you can request that an attorney be appointed for you. If you want to hire a private attorney, you will have time to follow through with that. It is possible obtain a continuance to have additional pre-trial hearings if there is an appropriate reason. The bottom line is that you shouldn’t feel pressured to decide your case strategy right up front.

What are your odds of winning at trial?

You need to look at your odds of winning at trial to decide whether to risk it. Is there a witness that may recant or may not be available? Is there a credibility issue that a jury is likely to believe or disbelieve witnesses at trial? How much technology was involved in creating the evidence against you? Is a common person likely to find the evidence reliable? Is the evidence extremely strong, or is there room for doubt?

Is the plea bargain really to your advantage?

Remember that the prosecutor is your adversary in this situation. Look carefully at the deal that is presented. Is it really valuable to you? For example, a typical offer the prosecutor may make to every defendant with a DUI charge is that the traffic violation will be dismissed with prejudice. Is this really a benefit to you? Can you get more out of a bargain if you wait?

What are the policies at play?

A prosecutor is likely under the direction of his or her supervisor, and it is helpful to have the advice of an attorney who knows the prosecutor or the office politics. Is the prosecutor reluctant or eager to go to trial? This could determine whether the plea offer gets better or worse as you go along. Are there restrictions to the prosecutor’s ability to offer you a plea?

What sentence is likely under either scenario?

When you are considering a plea vs. trial, you need to know what punishments are likely with each choice. Make sure you find out all aspects of the prosecutor’s plea. Don’t just focus on the amount of jail time that will be involved, but also find out what counseling, probation and fines will be included. Is there a significant difference between the sentence likely under the plea bargain and the sentence likely if you lose for trial?

These are just a few of the many factors that need to be weighed when choosing between a plea bargain and a trial. Consulting with an experienced criminal defense attorney will typically be helpful to you in making the choice because they can assist in determining the strength of the evidence against you, the extent of advantage the plea bargain really is to you, and the various possibilities for sentencing of the charge if a plea is entered vs. a trial.

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

3 Questions You Should Ask Before Hiring a Criminal Defense Attorney

No two attorneys are alike, so you need to take the initiative to ask questions to ensure that the person you will be trusting to represent you is really the right fit for you. Three questions are essential to discover if this attorney will be the best for you and your case:

Do you have the time and experience for this type of case?

Time: Even the best attorney cannot perform well if they don’t have the time resources to dedicate to you. Make sure that your attorney is comfortable with the time that your case will take and court where your appearances will be made.

Experience: If you are facing a criminal charge, you want to confirm that the attorney you are considering has extensive experience in criminal defense.
- References: Ask your attorney for references, and follow through to contact the references given. Find out what advice others have for you about working with this attorney.

What strategy do you envision for this case?

Motions, Trial, or Settlement strategy: Some cases are a good fit for a Motion to Suppress, which basically alleges that the evidence against you should be thrown out because that evidence was obtained by violating your Constitutional rights. Other cases may be a better fit for trial because the evidence is not sufficient or potential may exist for testimony from witnesses that could help your case. Other cases might be a good fit for a settlement strategy and sometimes even a cooperation with the prosecution. There are many good ways to approach a criminal case, so you should find out what this attorney feels is the best approach to decide if that matches up with the approach you had in mind.

How will I be billed and what cost should I anticipate?

Billing: Attorneys typical bill with an hourly structure or flat fee. You will want to find out how you will be billed. Some attorneys will not give an estimate on the cost of the case, but the more information you can get about the billing, the better you’ll be able to plan.

Retainer Agreement: Many attorneys utilize a retainer agreement, which is just a document that typically outlines what you will pay and what those payments covered. If you are using a flat fee legal service, you will want to pay particular attention to whether you are billed extra for emails, phone calls, meetings, rescheduled hearings, etc. Under any billing system, you need to look for additional charges for items such as copies, so that you can be prepared for the bills.

Knowledge is power, so take the time to ask these important questions. Evaluate the answers carefully and do not be afraid to follow up with addition inquiries. You are the client, which means you are the employer of the attorney for this case, so take the lead in finding out if this person is the right lawyer for you.

Filed Under: General

3 Ways You Know You Need to Find a New Lawyer

Did you hire an attorney to represent you, and now you are having second thoughts? Are you wondering how to know if you hired the wrong person? Here are things to look for when deciding whether you should break ties and find someone new to represent you. Before you switch attorneys, however, you should always inquire into the retainer and billing and how that change may impact the cost of your case.

1. You Are Not A Priority to This Attorney. We all know that attorneys have a roster of clients, but every case should be handled with diligence and care. Take a look at how serious the problem is. If your attorney is missing hearings or deadlines, then you probably need someone new. If he or she is consistently late to court, then that is something also to look at. If your calls or emails are not being returned, then your attorney is not fulfilling their responsibility to communicate with you. If your attorney talks down to you or pressures you to make a decision you aren’t comfortable with, then those are also signs that you and your attorney may not be a good team.

2. Your Attorney Doesn’t Know What He or She Is Doing. Even if you were referred to your attorney by a friend or if they are an acquaintance, the relationship is a business one. You have to look out for yourself and make sure that you are being represented by someone who is competent to represent you in this type of case. Signs to look for:

Does your attorney seem to know the system?

Can he or she give you an overview of each step or hearing in your case and what will take place?

Does your attorney appear confident?

Trust your instincts about the level of confidence your attorney displays. Confidence doesn’t equal competence, but it is one indicator of whether this is your attorney’s first case of this type or 10000th.

Does your attorney answer questions?

If your attorney is knowledgeable, he or she will not shy away from questions, but rather, encourage you to ask about anything you don’t know or understand.

Does your attorney know the people?

Does your attorney seem familiar with other attorneys, court staff, counselors, etc. Professional affiliations are another clue to experience.

3. You can’t Afford Your Attorney. This is a tricky one because the value you get from an attorney is difficult to quantify. Any attorney is going to be a strain on your budget because divorce, adoption, criminal defense, and so forth are expenses that are unusual and will seem high. So, the financial discomfort of any attorney is a given and you want someone who is good, which doesn’t come free. However, some attorneys are better salesmen than lawyers. Some bill for things that may not be necessary. Here are some things to look for when deciding if the cost is prohibitive:

Are you comfortable with the billing approach? Would you prefer a flat fee for your case? Do you prefer hourly?

Do you understand the fees and do you understand how to maximize your value? For example, if your attorney bills you a flat fee for every email they read from you, then you may want to consolidate all questions into a short email. As another example, is your attorney “chatty” such that a phone call will cost you a lot more than email exchanges or is your attorney a bit of a slow writer, such that a call will resolve issues faster than email.

At the end of the day, do you feel like you are getting the full value out of your representation?

Your decision on legal representation should not be taken lightly, as the outcome of your case will impact your life for years to come. There is no easy answer to whether you should make a change, but the factors to be considered certainly include whether your counsel is giving you the attention you deserve, whether they are competent to represent you in this type of case, and whether you will be able to pay the bill when it’s all said and done.

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

What Makes the Law Offices of David Knecht Different From Other Vacaville Lawyers

If you are looking for a firm that understands the legal system in Vacaville and the surrounding areas, who is committed to our clients’ success, who has the experience and knowledge to represent you effectively and vigorously, then look no further than the Law Offices of David Knecht. We have a focused practice to serve you in family law, criminal defense or estate planning, and we have a track record of successful outcomes for our clients. Please learn more about the services we can offer you:

Vacaville Is Home. Our office is located in the heart of Vacaville at 500 Main. We serve clients in Vacaville, Fairfield, Dixon, Suisun City, Winters and the Solano County Superior Courts. We are familiar with the law enforcement agencies, judges, and legal community in this area. We understand the system and will help you navigate it wisely.
We Are Committed to the Long-Term Satisfaction of Our Clients. Since this is our home, we are not just looking for a quick buck, but we are committed to the long-term satisfaction of our clients and to building the community with excellent legal representation of each individual one. Mr. Knecht was born and raised in California, and he has been serving and protecting Californian’s for over 30 years. He worked as a police officer and detective in Fullerton, Santa Rosa and Vacaville for over 13 years. He has continued the tradition of service in his legal practice, focusing on family, wills and trusts, probate and trust administration for over a decade.
Experience, experience, and more experience. Mr. Knecht has extensive legal experience to represent you with confidence in all the roles that an attorney plays as an advisor, advocate, negotiator, and litigator. Having been a police officer, a law clerk for judges, and for many years a partner in his own firm, he has represented thousands of clients in estate planning, family law, trust and will litigation, criminal defense, restraining orders and other matters. He has been the recipient of many awards, achievements and memberships, including the Distinguished Service Award from the City of Santa Rosa for leadership and sustained excellence and admission into the Member of Barristers for the Solano County Criminal Defense Bar Association.
Focused Practice. At the Law Offices of David Knecht, we don’t try to be jack of all trades, but master of none. We have focused our practice and honed our experience to understand and serve clients in the specific areas of family law, wills and trusts, probate and trust administration.
Our Results Speak for Themselves. Mr. Knecht has had a long history of obtaining successful outcomes for his clients. Just a few of the past achievements include a family law trial where Mr. Knecht’s client was awarded retroactive child support and over $50,000 in attorney’s fees, a DUI where the charge was reduced to a Wet Reckless with no license suspension, and a Felony Assault Case where the crimes were reduced to a misdemeanor. While the facts of each case are unique and no one can guarantee the results, the track record of the Law Offices of David Knecht show a consistent pattern of passion, hard work, expertise and diligence in providing legal representation.

Filed Under: General, Vacaville Attorney, Vacaville Lawyer

How to Help Yourself When Dealing with an Ugly Divorce

Whether you were married a short time or for forever, whether you have kids or no kids, there is no easy divorce. The end of a marriage is emotionally challenging for all parties involved. If you have a spiteful spouse or a challenging custody situation, then the emotional toll can be even greater. This article will give 5 tips on how to help yourself handle the emotional, financial, and physical trauma of an ugly divorce:

Focus on Yourself. When you are going through a separation or divorce, you need to give yourself permission to focus on you and what can best meet your needs. This means something different for each individual. For some, it may mean taking time to get outside and reconnect with nature. For others, spending the time and money on massage or manicure may be therapeutic. You may be in a place where you just want to lie in bed and be sad and do nothing. You need to allow yourself to grieve in your own way.
Take One Day At a Time. Facing a big life change can be overwhelming. You may be wondering what will happen with children, finances, property, other assets, common friends, relatives, etc. Remember that those things will sort themselves out as things evolve and progress. If you focus on taking one day at a time, trying to accomplish what is necessary to succeed in just that one day, and facing the problems and challenges that arise in just that day, then you’ll be better able to manage the stress of separation or divorce.
Reach Out to Family and Friends. One emotion many people struggle with in separation or divorce is a feeling of failure or shame, and consequently it’s common for people to shy away from family and friends during the separation or divorce process. A different perspective may help you overcome those negative emotions. Consider how many friends and associates you know that are divorced. Look online to see the statistics on the success rates of relationships. Take steps to reassure yourself that you are in good company if your marriage did not work out as hoped. Reach out to family and friends because they love you and will support you through this difficult time.
Talk About Your Feelings. Throughout the separation or divorce period, you will likely be on a rollercoaster ride of emotions. Anger, sadness, disappointment, relief, happiness, fear and every other emotion are likely to overcome you at different times in the process. Take the time to open up to a trusted friend or family member to talk about how you feel. Try to find someone who is not affiliated with your former spouse, so that you can feel that the person is entirely on your side. You may want to be cautious of posting your feelings on social media or other public forums, but don’t miss the chance to discuss with a therapist, group, good friend, or family member.

Focus on a Bright Future. Although seeing a bright future may be challenging right now, when you are grieving over what was lost, you may find benefit in sitting down and making a list of positive thoughts, goals, and feelings. Consider a new hobby to take up. Think about dreams that were previously unfulfilled that may be an available opportunity now. Realize that the growth that you will experience through this challenge will make you a stronger, more empathetic person.

Separation and divorce are tough, but if you concentrate on taking care of yourself, living one day at a time, reaching out to family and friends, sharing feelings and focusing on a bright future, you will find that you can achieve greatness in this difficult time.

Filed Under: General