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.

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:

  1. Excellent Communication
  2. Confidentiality
  3. Experience and Knowledge
  4. Aggressiveness
  5. 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.

 

 

 

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.

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!

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. 

 

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.

  1. 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.
  1. 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.
  1. 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. 
  1. 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. 
  1. 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.

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.

 

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.

 

How to Go After a Noncustodial Parent for Child Support

We’ve all heard of child support, which is the amount of money a court orders one or both parents to pay to support their children’s living expenses.  A common complaint is that one parent is not fulfilling his or her child support obligations.  This article will explain the procedure for enforcing child support and provide information on free resources to assist in the process.

  1. Get an Order. An Order is a written document by the Court that shows entitlement to child support.  A verbal promise from one spouse to another is not an Order.
  • If you and the other parent agree. If you do not have an Order, but you and the other parent can come to an agreement about the amount, then you memorialize that in writing and then the Judge will approve it if he or she feels it is in the best interest of the child.
  • If you and the other parent do not agree. If you do not have an Order, and you and the other parent cannot come to an agreement, then you will have to file an action for child support.
  1. Motion for Contempt. The next step, once you have the Order in hand, is to file a Motion for Contempt.  You have probably heard of being “in contempt” of court in a criminal matter.  In a civil matter, such as a divorce, a Motion for Contempt basically asserts to the Court that the other party has not obeyed the Court’s order.  If the Judge grants the Motion for Contempt, then the other parent can be ordered to pay fines or serve jail time.
  • Time limit. Timing is very important!  Be sure to file your Motion for Contempt within three years from the payment is due to avoid having the statute of limitations run.
  1. Driver’s License Penalties. If the payment is more than 30 days late on child support, the DMV may refuse to issue or renew a drivers’ license.  If the payment is more than 120 days late for child support, the State of California can revoke the non-paying parent’s license.
  1. Can interest be charged on missed support payments?  Yes, interest accrues at the rate of 10% per year.
  1. Available Resources.
  • If you are looking for other government resources relating to child support, visit childsup.ca.gov. This website is run by the California Department of Child Support Services and may have helpful resources to assist you.

 

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.