May 2019

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Can I appeal a divorce court order?

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Criminal Defense Attorney

Whether you are considering getting a divorce, or would like to reverse a court order, our divorce lawyer can help protect your best interests. A law firm focuses on the area of family law. If you are unsure of whether or not legal representation may benefit you, we invite you to call a divorce lawyer. Because a divorce may have long lasting effects, it’s important that your long term as well as short term needs are considered, and a knowledgeable divorce lawyer has the necessary skills to help ensure a positive resolution.

The Final Divorce Decree

The divorce court phase of the divorce process is the final aspect, and one in which the judge rules on the division of property, child custody and support payments, spousal maintenance, and other issues related to the termination of the marriage. Before you sign the final decree, it’s important that your divorce lawyer has ample opportunity to review it and make sure you are clear on the terms of the agreement and that your and your children’s best interests are considered.

Common Reasons for Appealing a Divorce Court’s Orders

There are a few common reasons for why you may wish to appeal the divorce court’s orders.

1.       You believe that one or more of the court’s orders are unfair to you and/or your children. As a result, you wish to have your divorce lawyer file an appeal and request a new hearing with the divorce court. (You will most likely get the same judge so the likelihood of them changing their orders is slim. However, your divorce lawyer can provide more specific guidance based on the circumstances of your situation.)

2.       Your or your spouse’s circumstances have measurably changed since the original divorce agreement was created, and you would like those changes taken into consideration. For instance, perhaps your spouse just earned a promotion and will be earning substantially more income than up until now. Or, maybe you just discovered you’re pregnant and you need the child support payment amounts increased as a result.

The Process of Appealing a Divorce Court’s Orders

If you do not already have a divorce lawyer, though it’s not required by law to have one, it’s important. In fact, even divorce lawyers will hire legal representation when terminating their marriage. A divorce lawyer can offer non-emotional, knowledgeable guidance during an especially difficult time. In addition, a divorce court judge is more likely to take you seriously if you have a divorce lawyer representing you.

If you have reason to believe that the divorce court made an unfair ruling, your divorce lawyer can file a motion to appeal one or more of the Court’s orders. Your lawyer will also request a new hearing to evaluate the reasons for your dissatisfaction. As mentioned, you will likely get the same judge but your divorce lawyer may be able to provide compelling reasons for why the Court should reverse their original order(s).

If the Court refuses to reverse or change their previous ruling, a divorce lawyer can file an appeal with the appellate court.

To find out more about how a law firm can help you through the process of terminating your marriage, contact a divorce law firm Plano, TX trusts.

Thanks to Scroggins Law Group, PLLC for their insight into divorce and appealing a divorce court order.

Ways to Help Increase Your Chances of Getting Child Custody

Categories:

Criminal Lawyer

It is a devastating feeling to go through a child custody case and to not be awarded physical custody of your children. If you have just gone through a child custody case and were not awarded with the custody you want, it is not impossible to get custody of your child. Noncustodial parents who want to get some type of custody of their children may want to hire a family law attorney to help with their case.

In addition to hiring a family law attorney, there are a few other tips you should know if you are trying to get custody of your child.

  1. Know your state’s laws. You should become familiar with your state’s child custody laws. This will ensure that you are aware of your rights as well as your children’s rights.
  2. Have a home study. If you are trying to get custody of your child, the court have require you to have a formal child custody evaluation. This would involve sending an evaluator to your house in order to see where you and your children would live and to talk with you about how you would provide for your children’s needs. It is understandable that this would be a seen as a scary idea. However, it is in your best interest to have an open mind and to be yourself throughout the full process.
  3. Provide character witnesses. It is advised to find a few key people that are able to speak to the involvement you have with your child as well as those who can provide evidence of your skills as a parent. Depending on the circumstances, the judge may want to speak with each witness in person or they could have to submit a written statement.

Factors to Help a Parent Get Custody of their Children

The court uses a number of factors when deciding the ability of each parent to get child custody. Some of the most common factors are:

  • The Children’s Best Interests: The first deciding factor a court uses when determining who should get child custody is what is in the best interest of the children.
  • Communication Between the Parents: The court views parents who are able to speak about their children’s upbringing with one another favorably.
  • Documentation: It is important for the parent trying to get child custody to be prepared with all necessary documents, including information on child support payments and visitation.
  • Courtroom Etiquette: How parents present themself in the courtroom could affect how the judge views each parent. It is important that parents dress appropriately to court and present themselves in a calm demeanor.
  • Involvement: If a parent wants to get child custody, they should remain involved in their children’s lives throughout the child custody process. By showing they are committed to being in their children’s lives in any capacity, a judge’s decision could be impacted.

If you and the parent of your children have a difference of opinion on custody, it may benefit you to hire a child custody lawyer in Plano, TX. By having a qualified professional on your side, they will work on your behalf to defend your rights while keeping your children’s best interests as their top priority.

Thanks to Scroggins Law Group, PLLC for their insight into family law and ways to increase your chances of getting custody custody.

Know Your Rights: The Exceptions for Police Intrusion into Your Home

Categories:

Criminal Defense Lawyer

Sometimes it may be difficult to know what our rights are as citizens. Generally, during times of interaction with police officers, our default may be to consent to every request that a police officer asks so as to make our lives easier. If we have nothing to hide, then it may seem like there is no problem with consenting to a police officer. Though this may seem like the path of least resistance, it is important to know when you have a choice in the matter, and when you have to acquiesce to police officers’ requests.

The Fourth Amendment: Warrant Rule

The hard and fast rule (though there are always exceptions to the rule) is the rights supplied to us from the Fourth Amendment in the Constitution, which protects us from government intrusion into our houses, persons, vehicles, and papers. The rule requires that police officers get a warrant, issued by a magistrate, once the police officers have made a showing that they have probable cause to believe that evidence may be found within the area that they would like to search.

The Exceptions to the Rule

A police officer entering someone’s home or private property without a warrant is unreasonable. That is the default rule that helps protect people’s rights. There are, however, exceptional circumstances where a police officer does not need a warrant; in other words, there is a dangerous or criminal situation occurring, also known as “exigent circumstances,” that requires immediate action on the officer’s part, and time spent getting a warrant would end up causing more harm than good.

These identified exigent circumstances are the exceptions to the no-entry rule, and police officers must later prove that they had a belief that something criminal or dangerous was happening (also known as “probable cause”) and that there was evidence to be found on the scene.

Exigent Circumstances

Police officers may only enter private property immediately and without a warrant when:

  • The officers believe that someone is in need of help or aid
  • The officers believe that entry is required to protect themselves from people who they reasonably believe are armed and dangerous and on the premises
  • The officers believe that evidence of a crime or contraband is about to be destroyed. Police officers, in this situation, must point to facts that can demonstrate that their belief that the evidence or contraband was about to be removed or destroyed was reasonable, and most important, imminent. Only then would their actions to intrude into a person’s property be considered reasonable. One factor that a police officer might try to prove is that the person knew that the officer was on his/her trail.

These are the limited circumstances in which police officers may enter into your home without a warrant. Without these exceptions, citizens are within their rights to not permit police officers into their homes, unless the officers present a warrant that is bolstered by probable cause.

Exigent circumstances may be difficult to evaluate and as a citizen, you may not know the reason why a police officer is attempting to enter your premises. If the police enter your home, with or without a warrant, please contact an experienced criminal defense lawyer in Rockville, MD as soon as possible. A criminal defense attorney will be able to assess the facts of your situation and help protect you from unreasonable police intrusion into your home.

Thanks to Daniel J. Wright for their insight into criminal defense and police intrusion.

Facing Criminal Charges

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Criminal Defense Attorney in Atlanta, GA

Although you are guilty until proven innocent in a court of law, it is not wise to carry on as if you are not facing criminal charges when you are. This means, when you are facing criminal charges you may be being watched. So, it is best to move like a law-abiding citizen as much as possible. Although you may be innocent, there are small things that may not be in your best interest when you have pending criminal charges out against you. The best that you can do in this situation is to protect yourself at all times. And the only way to truly protect yourself is to stay on the right side of the law.

If you or someone you know is facing criminal charges, speak with a skilled criminal defense attorney as soon as possible. Because you do not study the law, it is wise to have a knowledgeable attorney review the facts of your case and go over with you, your legal options and rights. When you are in this situation, no matter how tempting it is, always remember that it is not best to speak with anyone else regarding your case but your attorney. When you speak with other people outside of your legal team, you increase the chances of forgetting things you said, or possibly saying the wrong thing and being recorded and having things you say, incriminate you. Speaking out of term can backfire on you with the wrong people and it is necessary to remember you are almost always under the microscope once criminal charges are filed.

While it may be obvious to most, it is not obvious to all that no other criminal acts should be committed while facing criminal charges. This will not make your criminal situation any better. In fact, the commission of additional crimes while you are already facing criminal charges opens the possibility of getting the maximum sentence for your crimes.

You do not have to go through these criminal defenses cases alone. It is best to talk to and hire a skilled criminal defense attorney in Atlanta, GA to ensure that you are more careful in the process. Being charged with a criminal offense, especially if it is your first time, can be very scary. Hire an attorney and be as open as possible so that you are granted the possibility to build the defense strategy in regards to your situation.

Contact Andrew R. Lynch, P.C. for their insight into facing criminal charges and defense strategies.

Facts about Unemployment Fraud

Categories:

Decatur Criminal Lawyer

If you are charged with unemployment fraud it is likely because you were receiving government benefits for unemployment based on inaccurate information filed on your behalf. If this is done knowingly, you can be punished with jail time and/or fines.

Although it is a white-collar crime, unemployment fraud is still a very serious criminal offense. If you are charged with unemployment fraud, you can be punished much like any other individual charged with a crime. The tricky thing about unemployment fraud is, several other offenses can be pulled from this offense such as, falsifying documents as well.

The punishment, much like any other criminal offense, is based on the severity of the crime and the amount taken in these fraudulent claims; you can be charged for a misdemeanor or a felony. Your punishment can range from a few hundred dollars and probation, to thousands of dollars and prison time. Much like petty theft and grand theft, depending on the state, once a minimum amount is exceeded the punishment and classification increases.

Unbeknownst to many, although they are called “unemployment benefits”, under certain guidelines, you are still legally eligible to receive them while working. Receiving unemployment benefits while working becomes a crime when the individual receiving the benefits does not accurately report the time worked and wage at the job they are working. It is likely that that person is withholding this information for the sake of their benefits, and this is in fact illegal.

However, illegal or not, much like any other case, you are not guilty until that is proven in a court of law. Therefore, it is best to speak with and hire a criminal defense attorney that can represent you and build a case in your defense. The right attorney will be able to review the facts of your case and after examining the details, formulate a plan that can possibly have your charges dropped, reduced, or at least ensure the best possible outcome in your situation. And because you are innocent until proven otherwise, it is best to avoid any admission of guilt or make any statement without a lawyer present, because the punishment can be far more extreme than you expect.

If you or someone you know has been accused of unemployment fraud, it is in your best interest to peak with a skilled Decatur criminal lawyer.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense and unemployment fraud.