Vacaville Attorney Archives - Page 3 of 7

California Courts and Covid

In March 2020, the Governor issued an executive order giving authority to adopt emergency rules of court. See https://www.bbc.com/future/article/20200601-how-is-covid-19-is-affecting-relationships. This article will discuss some of the changes that were adopted to allow California courts to respond to the Covid pandemic and provide information on the current :

In March 2020, time periods on hearings and trials were extended.

The Judicial Council took action to extend the time periods on hearings and trials and to encourage the use of technology in the court.

In April 2020, Temporary Emergency rules were adopted,

On April 6, 2020, the council voted remotely to approve 11 temporary emergency rules, including adoption of a COVID-bail schedule, staying eviction and foreclosure proceedings, extending statutes of limitations in civil actions, and extending timeframes for restraining orders. Two additional rules were added relating to electronic service and requests to modify child, spousal, partner, or family support.

In June 2020, Authority for bail schedules returned to local trial courts.

On June 10, 2020, the council voted remotely to repeal emergency rule 4 relating to the COVID-bail schedule, returning the authority to set county bail schedules to local trial courts.

What were the limitations on evictions and foreclosures from the April 2020 Emergency Rule making.

Emergency rule 1 deals with unlawful detainer actions or “eviction actions,” and does not allow issuance of summons or entering of defaults in such actions unless the case involves public health and safety issues. The trials have to be set 60 days after a request for trial.

The second rule addresses judicial foreclosure actions, staying all pending actions other than those involving issues of public health and safety, tolling the statute of limitations on filing such actions, and extending the deadlines for election or exercise of rights relating to such actions.

How have the April 2020 rules changed and where are we now?

As of August 13, 2020 the Judicial Council repealed emergency orders suspending foreclosure and unlawful detainer actions in California’s courts, effective September 1, 2020. See https://www.courthousenews.com/california-court-administrator-repeals-emergency-bans-on-foreclosures-and-evictions/. According to David Chiu, this is good news as it gives enough time for lawmakers to pass a bill that provides protection from eviction. Two bills are currently being debated in the Assembly and Senate. One, Assembly Bill 1436, https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1436, would give tenants a period of time to earn money and pay it back, but would remove eviction as a remedy, but that measure is receiving some opposition from landlords who doesn’t feel that it gives them enough tools to avoid foreclosure since landlords would not be able to evict non-paying tenants until 2020. Another bill, http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB1410, provides landlords will sellable tax credits to cover rent losses, but small landlords wouldn’t be unable to redeem the credits until 2024, which may mean too much stress on small landlords.

Whether you are a landlord or a tenant, the law is evolving, so seek legal advice.

With so much evolution in the law regarding landlords and tenants, many landlords or tenants facing eviction may need competent advice on what their rights are during the pandemic. Contact an attorney for guidance on how to best proceed in the ever evolving landlord-tenant legal structure.

Filed Under: General Legal Advice, Vacaville Attorney

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

Hiring an Attorney After You Are Hurt On The Job

Much as employers try to make workplaces safe, accidents do happen. At times, it may be due to sheer negligence on the employer. Regardless of the circumstances, you need to lodge a workman’s compensation claim. Usually, this comes about owing to the need for money to offset hospital bills, pay your doctor and future therapy clinics. The extent of injury could be severe resulting in your being away from work for several weeks or months. The law dictates that you should be adequately compensated for the loss of income, bills incurred and the trauma you have gone through.

When Hiring an Attorney Is a Must

Workplace injuries range from minor to severe. In the former case, you will head to the company clinic; have the injury checked ad get some medication. However, severe cases may result in hospital admissions where you undergo surgery. If you require surgery, are unable to get back to work or were denied medical benefits, you require assistance from an attorney. A personal injury lawyer, as these attorneys are also referred to, will help you lodge a claim and advice on other rights that you have against your employer.

When The Insurer Denies Your Claim

Insurance companies have this habit of relegating claims and refusing to award compensation. A claims assessor may investigate your claim and give feedback that there was no serious injury. At times, you file a claim and no investigations are done. Another way through which insurance companies frustrate claimants is by offering them compensation that is below par. You need the professional intervention of an attorney who will apply pressure on the insurer to investigate the case afresh. Your attorney will face the legal team from the insurance company and compel them to award you the compensation you deserve.

Delayed Compensation Checks

It is very frustrating when you are being hunted down by collection agents from the hospital and the doctors who attended to you. It is true that they gave you quality medical care and are on your way to recovery. Even after the insurance company has awarded you compensation, they keep delaying the release of these checks. At times, the checks come out in a haphazard manner at a time when you are struggling to put your life back together. Calls to the relevant persons may go unanswered leaving you frustrated. With a little help from your attorney, this will hasten up things leaving you to heal in peace.

Filed Under: Vacaville Attorney, Vacaville Lawyer

6 Reasons to Hire a Child Custody Lawyer

Child custody agreements are designed to be in the best interest of the child, and their parents.
The agreements are normally designed to show each parent what their responsibilities will be
pertaining to the raising of the child or children. Child custody lawyers are normally hired when
the parents are unable to come to an agreement on their own. Moving into legal proceedings
with a third-party helps to move the case along faster and helps to ensure both parties get to
an agreement. What happens if you do not have a lawyer? You could end up with less custody
than you determine is fair, or you could end up paying more or less in child support. Always
consult with a child custody lawyer prior to responding to anything related to your case. Here
are 6 reasons why it pays to hire a child custody lawyer:

1. Protect your children
2. Lawyers have experience with family law
3. Experience with the judge in local cases
4. Negotiation experience
5. Ability to set up a fair child custody agreement
6. Prevent unfair bias or practice

Protect Your Children

The number one reason to hire a lawyer is to protect your children. Placing your children’s
interest first should be the top priority as typically both parents want to provide their children
with the best upbringing for them. A good lawyer will review your case, discuss the overall
situation, and will focus on what is best for the children. A good lawyer knows how disruptive
the case can be, which is why they focus to take on the stress you are feeling in relation to the
custody case. You deserve to have someone fight for your rights and be on your side, and a
good lawyer is here to help.

Experience with Family Law

A good family lawyer will be able to handle any issues that come with the case. There will be
hiccups along the way. You need to hire someone you know you can trust to have your best
interests in mind. A good lawyer knows what type of strategies other lawyers will take in
custody cases, making it easier for them to have the right counter arguments prepared.
Complex cases need the help from a good lawyer. Do yourself a favor and hire a custody lawyer
in Vacaville to handle your case.

Experience with Judge

Depending upon your case, the judge may be the person that holds the most important aspects
of making a ruling. A good lawyer knows when a case goes to court with a judge, you are facing
a tougher situation. If the lawyer has prior experience in the family law courtroom, they likely
have relationships with the judges in the region and know what type of counterarguments and
agreements to push.

Negotiation Experience

Less than 5% of custody cases head all the way to the courtroom in front of a judge. Why? Good
lawyers who know proper negotiation skills are one of the reasons! In many cases, the parents
are willing to work together for the sake of their children, allowing for an agreement to be
made outside of the courtroom.

Fair Child Custody Agreement

Lawyers will fight for your rights, and for the rights of your children. The goal is to make the
best arrangement possible for the children. When you hire the right lawyer, it will ensure that
you are being protected with a fair child custody agreement for both you and the children.
Prevent Unfair Practice or Bias

A good lawyer works on your behalf to ensure your rights are protected. If you do not have a
good lawyer helping with your case, you may find yourself dealing with your ex-spouse’s lawyer
and they are pushing to make you pay more in child support and lose child custody. It pays to
have someone on your side who knows family law and wants to fight on your behalf. Contact
David Knecht Law today to discuss your child custody case.

Filed Under: Vacaville Attorney, Vacaville Lawyer

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

What makes a great 2020 Vacaville Lawyer

When you are going through a divorce, or any difficult legal manner, it always pays to hire a good lawyer. How do you know what makes a good lawyer? It is important to meet with multiple lawyers to find the one that you get along with, listens to your concerns, and will do their best to handle your case in the right way. Now that 2020 is upon us, how do you know if you have hired a Vacaville attorney that will be updated with the latest laws and changes?

In a difficult and confusing time, it pays to hire someone with plenty of experience handling similar cases. Far too often people hire the first lawyer they meet with, and this can easily land them in a bad situation. Some people end up losing custody of their children, others end up losing assets like their home, retirement accounts, or more. So what makes a good Vacaville lawyer? Here are some things you need to look for as you meet with different lawyers.

Passion for the Job

A good lawyer loves what they do. Upon meeting with the lawyer, you can find out quickly how they feel about their job and their career. Successful lawyers have a passion for the job and they enjoy helping people. Does the lawyer seem excited and ready to help?

Compassion

A lawyer will have compassion for their clients, and they will be able to do all they can to help. When you explain your case and your situation, does the attorney seem like they are willing and ready to help? Do they feel compassion for you, and want to do what they can to provide you with sound advice?

Excellent Communication

Lawyers need to be excellent communicators. Not only does the attorney need to be able to talk to you directly, they need to have excellent communication when it comes to working with the other lawyers, and communicating with the court. Failure to meet a deadline can set your case back several months, or could cost you a lot of money. Through effective discussions, lawyers will be able to communicate their ideas in the right way.

Listening Skills

The lawyer not only needs to be able to communicate well, they need to listen. Strong listening skills are necessary as they will need to be able to understand your side of the case, and do their best to construct a clear strategy. You can find out almost immediately if the attorney listens by their body language with you during the consultation.

Experience and Education

It pays to hire a lawyer with plenty of experience in their industry. Hiring the wrong person can lead to disaster, and could string out your case for months or years. Look around for a lawyer who has the education needed, but experience with cases similar to yours. Great lawyers know their area of the law well, and they are effective in the courtroom.

Use these tips to help you find a quality Vacaville lawyer. Contact David Knecht today to schedule a consultation and find out how we will work hard for your legal rights!

Filed Under: 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 years of experience in criminal law. Our attorneys are here to help. Contact our office for a consultation.

Filed Under: DUI, Vacaville Attorney, Vacaville Lawyer

3 Differences Between Top Notch & Mediocre Family Attorneys

With the number of attorneys in the Vacaville area, how do you know if you are hiring the right one? Here are three key differences that will help you identify a top-notch attorney from a mediocre family attorney.

Time

A big indicator of a good attorney is how much time they spend with their clients. If you struggle to get them on the phone, or even to get a response to an email, they may not have the dedication to you that you desire. A good attorney is focused on spending time with you and focusing on your case. The attorney should have one of their paralegals send you updates on the case so you do stay informed, even if nothing changes.

A top-notch attorney will spend time studying the facts of the case and looking at the case from all angles. Attorneys will also consult with experts and other attorneys to ensure they have identified all problems and possible issues that could arise with your case. Speak to your attorney and find out how many other cases they are currently working so you know how much attention they will provide to you.

Empathy

Family law is a personal matter, leading to many emotions for clients. You need to have an attorney that understands the sensitive nature of your case and wants to help. A good attorney will know how the decisions they make with you can impact your children and your future. Here are some of the signs that show the signs of a good attorney from a mediocre one:

The attorney gives you the confidence to talk candidly.
The attorney will listen to you.
The attorney makes you feel comfortable with everything that you are facing.
The attorney will answer questions you ask.
The attorney will be honest about your case including fees, timeframe, and how the process will work.

A good attorney has a heart and they understand how difficult this entire process will be for you. If you do not feel good about the attorney when you meet with them, contact a new attorney to find one that shows empathy for your situation and your case.

Trust

A good attorney is understandable and wants to help you through your case. If you ask questions and the attorney cannot give you clear answers, it may be wise to look for a different attorney. Everything you provide to the attorney is in confidence with them. Your attorney will listen and take the information and will not share it with other people. Trust is critical when it comes to family law case and you deserve an attorney that cares about you and will not break your trust.

After you meet with multiple attorneys, go over the pros and cons of the attorneys and determine which one checks all the boxes you need. David Knecht Law in Vacaville is here to help with all your family law needs. Our professional team has extensive family law experience, and our goal is to ensure the best outcome for you and your case. Contact our office to schedule a consultation today.

Filed Under: Family Law, Legal Advice, Vacaville Attorney, Vacaville 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