Vacaville Attorney Archives - Page 5 of 7

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

What Does It Mean to Establish Parentage and When Is It Necessary?

If you are having a baby, you may be wondering what you can do to protect your baby’s rights. You want your child to have all the support he or she needs from the father. Establishing parentage can be an important step for you to take if you are not married to the baby’s father. This article will walk you through some of the basics of establishing paternity and help explain why parentage is important.

What is parentage? What is paternity?

When a child is born to parents who are married (or to parents in a domestic partnership after 2005), then the law presumes that the couple are the child’s parents. If the parents are not married, then the father only has legal rights and responsibilities if parentage is established. However, in some cases parentage will be presumed, such as “parentage by estoppel,” where the parent welcomed the child into his home and treated it as his own.

Why is establishing parentage important?

If you want custody, visitation or child support orders from the court, parentage will have to be established. This can also be important in a same-sex parenting situations if the parents were not married when the mother became pregnant or when the child was born. There are other advantages: having health and life insurance coverage from either parent, the right to inherit from either parent, the right to receive social security and veteran’s benefits, just to name a few.

What if the father does not admit that he is the parent?

A court may order the alleged father, mother and child to be genetic tested in order to establish parentage.

What are the consequences and rights of the parent after parentage is established?

A parent has generally the right to get custody or visitation rights related to the child, although this right may be impacted in some cases by criminal history. A parent also has a legal obligation to financially support the child, but the amount of financial support will vary depending on various factors including income, custody arrangements, etc.

What are the ways to establish parentage when the child’s parents aren’t married or in a domestic partnership?

Signing and filing a voluntary Declaration of Paternity – this is a form that both parents voluntarily sign, which established them as the legal parents of the child. The advantage of the voluntary Declaration is that neither parent has to go to court. After the form is signed, it needs to be filed with the California Department of Child Support Services.

You local child support agency can bring an action to establish parentage of a child. This often happens as a matter of course when welfare is requested for the child.

You can bring your own court case to establish parentage, which will involve several court forms and possibly a trial. You may want to utilize the help of an attorney or an agency to navigate this process.

Filed Under: Family Law, Legal Advice, Vacaville Attorney

Typical Legal Procedure for a DUI Case

If you have a loved one who is facing DUI charges, or if you yourself are concerned, this article will provide a general overview of the legal procedure for a DUI case from start to finish.

The Driver Comes in Contact with Police. A DUI case begins when you come in contact with the police. This typically happens because of a traffic- related incident, such as a traffic violation (speeding or weaving) or a traffic accident.

The Police Notice Indications or Alcohol or Drugs. The police officer may notice a scent of alcohol in your breath or physical symptoms such as slurred speech, bloodshot eyes, etc.

Tests Are Performed by Police. The next step is where the police officer builds the case against you by collecting data through field sobriety tests or chemical tests, such as a breath test or blood draw.

Booked in Jail/Car Impounded. You will typically be booked in jail and your car will be impounded.

Prosecutor Reviews. The Prosecutor reviews the evidence and decides whether to charge you with an offense or decline to file charges. If you are charged with DUI, it is likely in your best interest to engage and attorney as soon as possible.

Driver’s Licenses Suspension. After the arrest, your licenses is suspended for 30 days. The DMV will automatically suspend your driver’s license after the 30 days unless you request a DMV hearing within 10 days of your arrest.

Arraignment. This is your first hearing where you have an opportunity to enter a plea of guilty, not guilty or no context. Entering a not guilty plea is very common at this stage, and you should not feel forced to enter a guilty plea even if you believe you are guilty.

Hearings/Plea Negotiations/Motions. You may likely come back to court several times during the course of your case to negotiate with prosecutor or present a motion. A typical motion is a Motion to Suppress, where you or your attorney argue that certain information cannot be considered as evidence in your case because it was obtained in violation of your Constitutional rights.

Trial/Plea. Eventually the case will either go to trial, where you will be convicted or acquitted, or you will enter a plea, or the prosecutor may in rare instances at some point choose to dismiss the case.

Sentencing. The sentencing phase is where the judge determines the appropriate consequence for your actions. Often sentencing will involve meeting with a counselor, who will ask questions and prepare a report about you for the judge. The counselor may make recommendations to the judge regarding appropriate education or therapy. At sentencing, the judge may impose jail time, community service, and fines.

Filed Under: DUI, General, Vacaville Attorney

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

4 Things You Didn’t Know About Shoplifting and Theft In California

If you have been charged with a crime in the theft category, you may have some questions about shoplifting or theft. This article addresses some common questions.

Is it a crime if you didn’t leave the store? Yes it can be. You can still be convicted of a crime, if you took something but didn’t leave the store. If you look at the elements below, you will notice that the prosecutor doesn’t have to prove that you moved the item out of the store. Still, the prosecutor must prove that you had intent, so that’s one area that can be attacked in the prosecution’s case if, for example, you intended to pay for the item but put it in a pocket or a purse without thinking.

What does the prosecution have to prove to convict me of petty theft? The summary below will show you the general elements of petty theft:

taking possession of property owned by someone else

without the owner’s consent

with the intent to remove it from the owner’s possession

moving it, and keep it for a period of time

value of property is $950 or less.

What does the prosecution have to prove to convict me of shoplifting? The summary below will show you the general elements of petty theft:

entering a commercial establishment (for example, a store)

while the establishment is open during regular business hours

with the intent to steal items worth less than $950

How can you fight a theft charge?

Lack of intent – You can show that you had no intent to steal the item. For example, if you purchased many expensive items and forgot to pay for the milk that was at the bottom of the cart, then those factors would indicate that not paying for the milk was an oversight rather than an intentional taking.

Accident/Mistake– This defense also attacks the intent element by showing that you were unaware of the item or that it was a mistake. For example, if a child or friend put the item in your pocket without your knowledge, you could claim that it was a mistake. Or, if you thought the item had been previously purchased by a family member or friend, then that could show a valid accident or mistake.

Belief the property belonged to you – This defense is also a subset of lack of intent and can be used when you believed that the property was yours and not someone else’s property.

Consent from the owner – If the owner said or did something that made you believe that they consented to your use or taking of the property, then this is also a defense.

Filed Under: Legal Advice, Vacaville Attorney, Vacaville Lawyer

Criminal Law Basics: How Does the Criminal Law System Work?

If you are facing a criminal charge, you may be wondering how the criminal law system works. This article will walk you through the main steps in a typical criminal case.

Arrest and Jail. The typical start of a criminal case is the arrest by the police.

From there, there are three main scenarios:

1) the defendant can be released from jail if the prosecutor decides to drop the case,

2) the defendant posts bail/bond, and is released with the promise to appear,

3) the defendant stays in jail.

Charging. The police write a report. The prosecutor reviews the report and has discretion to decide whether or not to file charges and which ones. Charges are typically filed within 48 hours of the arrest if the defendant is in custody.

Arraignment. This is the defendant’s first appearance in court to find out what the charges are and to enter a plea, which is very often “Not Guilty.” Even if you think you are guilty, it is often advisable to enter a “Not Guilty” plea at this stage of the process. After the plea is entered, the judge will either release the defendant on his or her own recognizance, or set bail for the defendant’s release, or require that he or she stay in jail.

Pre-trial. In the interim before the trial, there can be additional hearings. For example, in felony cases, a preliminary hearing is held, where the judge makes sure that there is enough evidence for the case to continue. In some cases, the defendant will concede that sufficient evidence exists, and waive the preliminary hearing. This pre-trial time is the time for discovery, which is when the prosecution and defense can exchange documents. During this time, the defense attorney will research the facts in more detail. Motions can also be filed. For example, a Motion to Suppress alleges that evidence should not be admitted (or heard by the jury), because the defendant’s rights were violated in the process of getting that evidence.

Trial. A defendant is presumed innocent, so the purpose of the trial is for the prosecution to present the evidence that shows beyond reasonable doubt that the defendant committed the crime. Each crime has specific elements that the prosecution must prove. The trial must occur within a certain time period of the Arraignment.

Appeals. If the verdict is guilty, the defendant may have the right to appeal. The appeal must be filed within a certain time period, so a defendant should consult with his or her attorney immediately if an appeal is desired.

Sentencing. If the verdict is guilty and an appeal is not sought, the next step is sentencing, where the judge imposes the punishment, which is typically involves fines, counseling, incarceration in jail or prison.

Filed Under: Criminal Law, Vacaville Attorney, Vacaville Lawyer

3 Most Common Financial Questions When Hiring a Divorce Attorney

It has been said that there are no right answers to the wrong questions, so the first step in making your divorce process work for you financially is to ask the right questions. This article will outline a few of the most important financial questions when hiring a divorce attorney.

1. What is the structure of the fee agreement?

Your lawyer should have you sign a fee agreement that lays out how you will be billed. Understanding this agreement is extremely important.

▪ Ask about the retainer. The retainer is like a down payment that you pay up front, and it will be used to cover the fees as your case progresses.

▪ Ask whether you will be billed hourly or flat fee. If you are billed hourly, then you will obviously be billed for the attorney’s time, but what isn’t obvious is how this can add up and how you can work with your attorney to keep costs down.

▪ Ask about who will work on your case, and how you will be billed for each attorney or staff member’s time. Find out how much you will billed for the paralegal or other support staff. If you want only a particular person or group to work on your case, you need to put that into the agreement because otherwise the default is that firms may utilize various people to work on your case and you may be paying to re-educate one attorney about issues another one has covered.

2. What kind of cost estimates can be anticipated?

Your attorney will very likely be unwilling to get pinned down to a definitive cost estimate of the overall divorce because your ex-spouse is a wild card that can lead to lower or higher costs depending on what they decide to do. However, if you push for specific answers to smaller questions, you may be able to get a reasonable understanding of the costs that will be involved.

▪ Does your attorney anticipate fees from any other professionals? What are the typical ranges for these people– i.e. counselors, investigators, accountants, appraisers, etc?

▪ What has been your attorney’s experience in terms of costs in prior cases that he or she has handled? For example, you can ask about cases where the spouse was cooperative and where the spouse was uncooperative, where custody was an issue, where certain types of assets were involved, etc.

3. How can I keep costs down?

You are the person who will be in touch with your attorney the most. Find out your attorney’s preferences and how to save his or her time.

▪ Find out whether your attorney feels that it will be more cost effective to communicate with him or her via email, text, calls or in person. Focus on the most cost-effective ways of working together.

▪ Find out what kind of document organizations works best for your attorney. If you make sure that any documentary evidence you have is assembled and summarized in an organized manner then you will save your attorney time and therefore save yourself money.

▪ Are there things you can do yourself to save attorney time? You may want to find out if there are tasks relating to your case that your attorney can delegate to you to save on cost. Your attorney may have staff set up to do non-legal tasks, but it never hurts to ask whether there are things you can do to keep costs down.

You can expect that your divorce will have a significant financial effect on you, your ex-spouse, and your children. Don’t be afraid to ask questions about the process and educate yourself on how you will be billed, what you can anticipate, and how you can minimize the impact to your financial bottom line.

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

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 Kind of Fees Can I Expect with a DUI Charge?

Unfortunately, the cost of a DUI is very high. This article will summarize some of the costs that you can anticipate, as well as give you helpful links to find out more. Your attorney can also advise you on the costs to be anticipated, and can help you prepare for the road ahead.

Impound Fees. If your vehicle was impounded, you will be on the hook for administrative fees, plus the cost of towing and storage. The administrative fee depends on where the vehicle was impounded, but for instance, the cost in Vacaville can be $234. (See https://www.dmv.ca.gov/portal/dmv/detail/dl/fees/miscdl_fees#misc_duireissue). Also, be aware that the vehicle can only be released to the Registered Owner. However, if the owner is incarcerated, then the jail can provide a Vehicle Release Form.
Driver’s License Fees. These vary depending on the age of the driver, and whether it is a first or second offense, but to give you an idea of the ballpark the Reissue Admin Fee for a Driver over 21, is $125. This link will give you the specifics: https://www.dmv.ca.gov/portal/dmv/detail/dl/fees/miscdl_fees#misc_duireissue.
Bail Fees. If you have been incarcerated, you can anticipate a bail bonsdmen fee. The way it works is that the court sets the bail. The bonds company charges you a fee (usually a percentage of the amount of bail), and then the bonds company pays the full amount to the court. When you appear at your hearing, the bonds company receives their money back, but they earned the fee.
Court Fines. These can run you at least $2,000. According to the Yolo County Sentencing Guidelines for Infractions and Misdemeanors, Effective August 25, 2016, the minimum fine to be imposed for a DUI is $1958.
Other Miscellaneous Court Fines and Fees. The Court will likely impose misc. fines and fees which total at least $300, depending on the jurisdiction. See the excerpt below from the Yolo County Sentencing Guidelines for Infractions and Misdemeanors, Effective August 25, 2016.
Counseling – The amount of counseling ordered and the cost of the classes varies, but a conservative estimate would be at least $200 for counseling and classes.
Restitution – If the DUI involved an accident, the court may order restitution, which means that you will have to pay for the damages incurred by the other driver.
Interlock – An interlock device is placed in your car so that your breath alcohol level is checked before you can drive. The cost can vary depending on the make and model of the vehicle and the company you choose. One company surveyed charged a $60 installation fee and 69.95 plus tax per month.
Insurance – Automobile insurance rates are higher for those who have been convicted of a DUI. To reinstate your license after a DUI, you will have to file a Proof of Insurance Certificate (SR-22). These sites can give you more information about the insurance needed. https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/pubs/brochures/fast_facts/ffdl35

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

What Is the Typical Legal Procedure for a Standard Divorce

When you are embarking on a journey, it is important to have an overview of where you are now and where you are going. Similarly, with a separation, divorce or an annulment of a marriage or domestic partnership, an overview of the system will help you plan ahead. This article will give you a view of a big picture, but be aware that this is a generalized summary that will certainly vary depending on the unique facts of your case, your assets and your family.

1. Petitioner Files Paperwork. The Petitioner is the person who files the paperwork to get the divorce process started. The forms needed to start your case in California can be found at this site: http://www.courts.ca.gov/1229.htm

2. Serve the Forms. The other party (Respondent) needs to know what paperwork is filed. To accomplish this, a person serves the forms to the Respondent. The Petitioner can’t serve the forms themselves because the Petitioner is a party in the case.

3. Respondent Responds. The Respondent has 30 days to reply to the paperwork that is served. There are 4 possible scenarios here:

Respondent Doesn’t Respond. The Petitioner waits 30 days and files the appropriate paperwork for a Judgment.

Respondent and Petitioner Work Out a Written Agreement. Respondent doesn’t respond but the Petitioner files the written agreement between Respondent and Petitioner and the paperwork for a judgment.

Respondent Files a Response and Written Agreement (“Uncontested Case”). This is the “uncontested case,” where one of the parties files and Appearance, Stipulation and Waiver and a Proposed Judgment.

Respondent Files a Response (“Contested Case”). The Respondent files a response, but the parties can’t agree, so it proceeds to the next step toward trial.

4. Disclose Financial Information. Both parties are required to fill out disclosures of financial information within certain timeframes. This is where you submit information, and you must not withhold information or be dishonest about any information.

5. Orders. During the process, either party can request temporary orders relating to child support, spousal support, custody, etc.

6. Mediation. Mediation is where an attorney or an arbitrator assist the parties in seeing whether they can come to an agreement on important issues such as dividing the assets or time with the children.

7. Trial Preparation and Trial. There are various steps that can lead to trial. The discovery stage is where parties are trying to get more information from each other. They can do this with interrogatories, which are questions posed that are required to be answered. Requests for admissions is where you submit a statement to the other side that they have to affirm or deny. There are also requests for production, where certain documentary evidence can be requested. Deposition is sworn testimony where a person is asked questions while they are under oath. These steps help the parties prepare for a trial, where the judge will make a decision on the issues presented.

8. Final Judgment and Timing. Your divorce will be finalized by a document that is signed by a judge. This is when the proposed Judgment that was filed by one of the parties is signed by the Judge and becomes a Final Judgment. Be aware that in California, you have to wait until 6 months after the case is filed and the Respondent has been served before the Judgment is Final.

9. Additional Resources. This is just a primer on the divorce process, but there are many resources for more information. One very helpful resource can be found at http://www.courts.ca.gov/1225.htm.

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