Vacaville Attorney Archives - Page 4 of 7

Why David Knecht is The Best Vacaville Attorney

An attorney is someone who needs to have experience and the right level of knowledge in all aspects of the law. Attorneys can learn from any law school, but it takes the right characteristics to truly become the best Vacaville attorney. With experience comes new knowledge, which allows many attorneys to become successful in the courtroom. David Knecht has been practicing in the Vacaville area for more than a decade. David brings years of experience in law to his clients and works in multiple areas of the law including:

Divorce
Child Custody
Child Support
Wills
Living Trusts
Probate
Trust Administration
Criminal
DUI
Juvenile

Why an Attorney Needs Excellent Communication

A good attorney will be able to listen well in addition to having good written communication. There are several documents that need to be filed, and one simple mistake on a form could delay your case for several weeks or months!

Analytical Skills

At the Law Offices of David Knecht, we focus on looking at each case we take on from all angles. We believe it is important to have both points of view in order to have a well-rounded position when working a case. Our team is able to take in large amounts of information, process it effectively, and use it to present the best place possible. A good attorney has to be capable of thinking on their toes as the courtroom will toss curveballs at them from time to time. David Knecht has proven time and time again that he is always willing and capable of getting the job done!

Personable Skills

Your Vacaville attorney needs to be able to work with all personality types. David Knecht Law Offices work with a skilled team of professionals who are accountable, organized, and have the listening and people skills needed to manage a courtroom. We know that we work with people, and the way we work on a case can impact a person’s life forever. Our team knows how to read people, and we know how to focus on presenting an honest case to the judge.

Without good people skills, an attorney would not be able to look at the case from all angles and bring you the right outcome. David Knecht has the personable skills needed to make him the best Vacaville attorney. Contact our office today to schedule a consultation.

Filed Under: Vacaville Attorney, Vacaville Lawyer

How to Find the Best Vacaville Family Attorney

When you deal with a divorce case, it’s hard to know who to trust and has your best interests at heart. No divorce is as simple as a cut and dry method. There are several things to handle like the division of assets, boundaries, custody, etc. A good child custody lawyer can help with this case as they have experience in similar cases. Finding the right one can come down to selecting through several Vacaville family attorneys. Here are a few tips to help you get started.

Experience With Similar Cases

Family law cases will work with a variety of areas in family law that include custody. There is a difference when you find an attorney who truly cares about their clients, and wants to help them individually versus an attorney who is in it for money. Focus on finding a lawyer who wants to help everyone in your family including your children as they will make decisions that are in their best interest.

Proximity

If you are going across state lines, you need an attorney who is in proximity to you and your region. Having a working knowledge of the case’s jurisdiction is important. Another thing to consider is where you live and how close it is for you to get to.

Personality

The personality of the attorney can make a difference in your case as well. You need to be able to find someone you can connect with. The attorney needs to be someone you can trust. If you feel like you cannot tell the attorney about your experiences and things that might help your case, you could end up with an unfair deal in whatever family law situation you are dealing with. You need an attorney that is kind, understanding, level-headed, and has your best interests in mind.

Communication

A good attorney will be prompt in the way they communicate with their clients. A good attorney will make sure they return phone calls from clients. Attorneys will send regular emails and updates to clients so they don’t end up feeling like they are not aware of what is happening with the case.

Experience

One of the important things to consider when working with an attorney is to review their experience. What do their other clients say about them? Read online reviews to learn more about the attorney and how their reputation is in the industry.

It’s not uncommon for people to have three or four different family law attorneys over time. It can be hard for people to find a person they feel does have their best interests at heart. Working with the right family law attorney doesn’t have to be hard. Contact David Knecht Law today!

Filed Under: Legal Advice, Locations Served, Vacaville Attorney, Vacaville Lawyer

What Makes a Great Vacaville Attorney?

If you find yourself in a difficult position and you need legal representation, how do you find the right attorney to help? Choosing a great Vacaville attorney doesn’t need to be as challenging as you might think. Here are some tips to follow to find a great attorney, and how you can tell if your attorney is a great one!

Experience in Legal Matters

When you begin looking for a Vacaville attorney, you want to start by looking at their experience. How long have they been practicing law? How long have they been in your area? What type of experience is their main expertise? What is their track record of success? Find out if they have malpractice insurance, how their fees are structured, and who will be handling your case. The more you learn about their experience, the easier it is for you to understand what type of attorney you are working with.

Referrals and Reputation

How do you know if you have a great attorney? One of the easiest ways to find out if you have a great attorney is based on their reputation. What do other attorneys say about this particular attorney? Take a moment to read over some of the reviews previous clients have left so you can gather a little information about them and how they have helped people before. Read both the bad and good reviews to ensure that you have the information you need to know the character of the person along with their experience.

If you are dealing with a certain type of case and you have worked with other attorneys in the past, contact them first. These attorneys, (as long as you have had a good experience with them in the past) can typically give you some referrals to get started in finding a good attorney for your new case. Other attorneys know the reputation and skill of others in the industry and they can give you some good information about the way they act in the courtroom, how well they have worked with people in the past, and their win-loss ratio. You want to learn as much as you can about the attorney so you can hire the right attorney.

Meet with Multiple Attorney’s

When you are looking for a great attorney, schedule consultations with multiple people. The goal is to get to know them and find out what their demeanor is like, how they treat people, how they talk to you, and of course their experience. When you have a brief tour of their office, you want to look around and see the staff. Are people friendly and helpful? Do you feel like you are treated with respect, or do you feel like “another number.” Watch out for some of those red flags that show they may not have a lot of experience and people in the office to work the cases.

Use our tips to help you start searching for the right attorney to represent your case. At David Knecht Law in Vacaville, our goal is always to work directly with our clients and provide them with the best outcome for their case. Contact our office today to schedule a consultation and let us help you move forward with your case.

Filed Under: Vacaville Attorney, Vacaville Lawyer

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

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

Dating and Divorce: Can Dating Impact Your Divorce in California?

If you are in limbo during the sixth month waiting period for a California divorce, you may be wondering if you can start dating again. This article will discuss the ramifications dating may or may not have on your California divorce.

California is a no fault state, so dating will not impact your ability to get a divorce.

In California, you do not need to prove that one party did something “wrong” in order to file for divorce. Divorces are generally filed for “irreconcilable differences,” so if whether you are dating or not dating during the marriage or separation period is irrelevant to your divorce.

Dating could impact spousal support if you are living with the new boyfriend/girlfriend.

Section 4323 of the Family Code states: Except as otherwise agreed by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabitating with a nonmarital partner.

This does not mean that living with your new boyfriend/girlfriend will for sure impact the spousal support. With a rebuttable presumption, you can present evidence to show that your need for spousal support is not reduced by the cohabitation. For example, if you showed that the new partner did not provide any of the money used for the cohabitation, then that may be sufficient to overcome the presumption. The facts will vary depending on your circumstances, so consult with an attorney about your case, but the point of this section is to make you aware that living with someone new could impact your spousal support so that you can research the issue further.

Dating could impact custody.

The court will be looking at the best interest of the child to determine custody, so the person that you are dating could potentially impact that analysis in many ways:

Will the person you are dating be involved in child care?
Does the person you are dating have any criminal history?
Does the person that you are dating have history with your ex such that your ex may be able to argue that the person is a bad influence on the child?

The choice of whether to begin making friends or romantic connections before your divorce is final is one that faces many couples going through a divorce. Although dating may not impact your case itself directly, you should certainly consider all the collateral ways in which a new relationship may affect you and make an informed decision about how to incorporate someone new into your life.

Filed Under: Divorce Lawyer, Vacaville Attorney

5 Strategies for a Successful Financial Divorce Settlement

You are probably new to the divorce process, so you may be at a loss on how to successfully negotiate the financial side of your divorce settlement. This article will highlight five of the most important strategies for success in sorting out the money side.

Be prepared to change your mind and don’t draw lines in the sand with the other party until you know what’s for certain the best course of action for you. Over the course of a separation and divorce process, one or both parties often have a change of perspective on what’s the best course of action. For example, initially a party may want to keep the home or sell the home. Often expectations of custody arrangement play into this, where on parent may want to keep the home to keep the stability for the children in terms of schools, neighbors, activity programs, etc. As the terms of child custody become clearer, you may find it more advantageous to sell the home or rent it, or your original plan may end up being the best. Your goal is to look after the best interest of yourself and your children, so it’s often best to avoid drawing lines or going to battle until you know for sure what you want. You don’t want to pen yourself into a decision that ends up being disadvantageous.

Look into the tax consequences and financing realities of each decision course. Initially couples tend to gravitate to simple solutions: sell the house, sell the business, have one spouse buy the other out, etc. This may be the best for you, but it may not. Talk to a professional about the tax implications of each course of action. For example, if you have to liquidate tax deferred investments in order to finance a buy out, then it may not be in your best interest to do so. If selling a business at this juncture will significantly impact its value, maybe that is not the right decision. Talk to the experts and open your mind to solutions that may initially be more complicated, but may pay big over the long haul.

Be conservative and avoid making big decisions until your divorce is finalized. Negotiating the finances is emotional and stressful for all parties involved, and it is typically a very bad time to make huge changes in your life. Avoid changing or quitting a job during this time if possible. Keep the status quo as much as possible financially. Don’t do anything to destroy value in any of your assets or to hide income or assets from the other spouse.

Try to settle quickly and efficiently. Some cases cannot be settled and in those instances you should feel entitled to enforce your rights. However, in many instances a negotiated settlement saves money for both parties. To the extent you can, take your emotions out of the picture and look at the numbers. Educate yourself as soon as possible on the options and the ramifications of each option. The more you can take the lead in finding meeting ground that is favorable to you and acceptable to the other party, the faster your finances will be settled and you can move forward. Typically neither party will benefit from dragging the process out.

Consult the right people. You will get a lot of advice from family, friends and coworkers. Listen to that advice and take it for what it is worth. However, take the time to consult people with experience and knowledge. The final decision is always in your hands, but the right professionals can give you the information necessary to make good decisions.

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

5 Amazing DUI Defenses

Think your DUI is hopeless? Think again! This article will explore five major categories of defense tactics that you can discuss with your public defender or private attorney.

Asserting your Fourth Amendment Right in relation to the Stop.

The Fourth Amendment to the Constitution protects you from unreasonable search and seizure. With a DUI, this often comes into play when the officer pulls you over for a traffic stop. The officer needs to have reasonable suspicion that you are committing a crime (a traffic offense counts as a crime for this purpose). The officer must have probable cause to arrest you. A defense based on the stop or the arrest is one of the most common and effective ways to fight a DUI, and an attorney can help you apply the law to the specific facts of your case.

Attacking the Accuracy of the Field Sobriety Tests.

The officer likely performed the field sobriety tests near the street where he pulled you over, and the conditions may have interfered with the accuracy of the testing processes. Was there heavy traffic that distracted you or made the tests unsafe? Were weather conditions in play that may have impacted your abilities? Was the lighting poor or in your eyes? Was the ground uneven or dangerous? Were there other environmental hazards or distractions that may have impacted your ability to perform on the field sobriety tests? Aside from the environmental factors, the officer’s explanation and execution of the field sobriety tests can also be used to challenge the results. Did he explain the tests fully and accurately, and were they administered as they were supposed to be? Attacking the accuracy of the field sobriety tests is a very common, but can be a useful way to defend you.

Undermining the equipment and methods used in testing.

In any test involving equipment, the equipment must be functioning properly and used properly in order to achieve a reliable result. For example, if a breath test was administered, you can question whether the equipment was in good, working condition and whether the officer was properly trained to use it. If you can undermine the fact-finder’s confidence in the testing, then you can draw into question whether the results can be relied upon. Along those same lines, you can question the method of the testing. For example, when did the testing take place? Was it contemporaneous to the driving or much later? The method of testing is as important as the reliability of the equipment itself.

Chain of Custody.

Any evidence used in a criminal case has to pass muster when it comes to the chain of custody, which means the prosecution has to be able to trace where the evidence has been from the time it was taken into custody. For example, when police officers take a blood sample in a DUI case or seize evidence of drugs, the evidence will be packaged with a form and each person who comes in contact with the evidence should be noted on the form. If there has been a break down in that procedure, then you can claim that the evidence has been contaminated or tampered with and therefore the evidence is unreliable.

Necessity, Duress, Entrapment, Involuntary Intoxication.

The affirmative defenses are not as commonly used because they require circumstances that are somewhat unusual. If your case falls into this “oddball” group of categories, the affirmative defenses may well suit you. The necessity defense is where you drove under the influence for a greater good – for example, to race someone to the hospital to save a life. Duress is when you are forced to drive under the influence under threat of your life of safety, such as if you drove while intoxicated because someone threatened to kill you if you didn’t. Entrapment very rarely arises or if it does, it would be difficult to prove, but an example would be where the police officer requests that the person drive while intoxicated to “set the trap” to arrest that person Involuntary would be where someone was given drugs or alcohol without their knowledge or consent.

Filed Under: DUI, Legal Advice, Vacaville Attorney

4 Potential Consequences of Your Second DUI

If you are facing your second DUI, you are probably somewhat familiar with the process and the punishments. Don’t give up on your case, as you may have defenses and arguments that can get the charges dismissed or reduced. This article is to give you an idea of what consequences you are facing if your defenses are not successful to help you understand the worst case scenario, and it assumes you are 21 or over.

Driving Consequences

Suspended License: The DMV will automatically suspend your license for a year on a second DUI. You could have your licenses suspended for up to 2 years. The court suspension is two years, which can be run concurrently with the DMV suspension. It’s possible to apply for a restricted license after three months of DMV suspension.
- You need to request a hearing with the DMV within 10 days if you want to dispute the DMV suspension.

Interlock Device: The judge can order you to get an interlock device on your vehicle, which measures your breath alcohol every time you drive.

SR-22 Insurance. If you don’t win the DMV hearing or don’t dispute it, and your license is suspended, you will need to get a special type of automobile insurance called SR-22 insurance for three years.

Court Ordered Counseling and Probation

18 Month Programs: If this is your second conviction in 10 years, you will likely be ordered to complete an 18 month program. For a third offense, you would typically be looking at a 30 month program. You may also be ordered to attend AA, or Mother’s Against Drunk Driving (MADD) or other programs.

Probation: Probation is typically 3-5 years.

Jail Time – Max is 1 year

Jail Time: Minimum of 96 hours in county jail, and maximum of one year jail time.

Financial Consequences

Fines, penalties and costs. The court at its discretion will impose a fine of between $1800- $2700. Additionally, you will likely incur costs of defense attorney, costs for counseling, interlock device, and SR-22 insurance. The total cost can be very expensive, but consult with your attorney for an estimate of total costs.

Filed Under: DUI, Vacaville Attorney, Vacaville Lawyer

Men: Who to Turn To If You Can’t Save Your Marriage and Divorce Is Imminent

Men, we know that it can be rough on you when you want to save your marriage, but you feel like there are issues that just can’t be resolved. When you reach that point, you may wonder what you should do to plan for the future. Who should you turn to? This article will help you navigate the troubles that may come your way soon.

It’s never too early to educate yourself: Consult an attorney who is experienced in divorce law.

Knowledge is power. So, whether you’ve made the final decision or whether you are still in the mix of determining what to do, it’s never too early to consult with someone who can give you advice about your exact circumstances and assets. Here are some things you’ll want to discuss:

Children: discuss with your attorney how you can plan custody to best accommodate your work schedule and other commitments.
- For example, what is your work schedule? What is your spouse’s work schedule or does she primarily take care of the kids? Do you plan to move out of state?
Assets: Divorce is expensive for both parties because the assets will be split. Talk with your attorney about the assets you have and your preferred means of managing them in a divorce.
- For example, do you want to sell the home or keep one spouse in it? Do you have a preference on dividing the cars? Are there assets that have sentimental value or are meaningful to you in a way that goes beyond their monetary value?
Debts: If you have school loans, car loans, credit card debt, mortgage debt, or any other kinds of debts, you need to plan for the division of these debts with your attorney.
- Consider in advance any court costs that will be involved in the divorce, mediation fees, and legal fees.

Protect Your Mental Health and Amp up Your Physical Well-Being: Turn to friends and family and other trusted advisors for encouragement.

Plan for a tough time ahead. No matter how bad a marriage is, a divorce can still take a toll on both parties because it is a change. Things will be different.

Understand and anticipate powerful emotions. During a divorce you may experience greater emotions of isolation, discouragement, despair, anger or bitterness. Prepare for this by bolstering your own mental toughness.
- Reach out to old friends. Go to lunch or the gym. Remember the good times.
- Although you may not want to tell your family that divorce is imminent, it doesn’t hurt to contact them and renew family bonds so that those relationships are close for when you need the support.
Amp up your physical health. It’s common for men to forego their regular exercise or to take on bad eating habits during stressful events in their lives, and a divorce is commonly a stressful event that takes its toll on men’s health.
- Do what works for you to keep yourself feeling good. Whether that’s setting fitness or nutrition goals, or working out with a buddy, or finding more time to be in nature, or running, etc., you need to do what works best for you personally to maintain good health.

Hard times are an inevitable part of a man’s life, and many guys will confirm that a divorce can be challenging. If you prepare yourself with knowledge, protect your mental health, and amp up your physical well-being, you will be in a strong position to make the most out of the divorce process.

Filed Under: Divorce Lawyer, Vacaville Attorney, Vacaville Lawyer