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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

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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.

Managing Business Disputes

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Business Law Lawyer

Operating a business is often no easy task. As a business owner, you will be responsible for operating in a variety of settings. It’s likely that you will be interfacing with customers, employees, contractors and other businesses on a fairly regular basis. It’s not uncommon for business disputes to arise as a result. A law firm is familiar with the challenges business owner’s today stand to face, especially without crucial legal guidance along the way. Business owners can often feel isolated and lost when it comes to the legalities of business ownership and management. With so much riding on the success of your business, it’s important to equip yourself with knowledge of business law to safeguard your business.

Become Knowledgeable with Employment Law

Disputes amongst employee and employer are among the most common business legal issues today. As a business owner and employer, it’s important that you have some knowledge base of employment law should you be operating a business that employs staff. Failure to do so could result in a disgruntled employee taking legal action for mistreatment. Key employment issues to have awareness around include:

  • Discrimination
  • Sexual Harassment
  • Americans with Disabilities Act
  • Family Medical Leave Act
  • Fair Labor Standards Act
  • Occupational Health and Safety Act (OSHA)

Unfortunately, you may unknowingly do something that is illegal. As a result, you may face a formal complaint from an employee or further legal action. Retaining an attorney can help ensure that you not only have knowledge of employment law but also clear policies and operating procedures in place that are aligned with employment laws.

A Clear Understanding of Contracts

Contractual agreements are a key component to conducting business. Whether you have agreed to something with a simple handshake, or have drawn up a more formalized agreement, contracts occur nearly every day. For a business owner, failing to uphold a deal, or, being taken advantage by someone in breach of contract, may result in litigation. A lawyer can prove beneficial for many reasons:

  • Educate you regarding the documentation to keep
  • Help to successfully draw up a business contract
  • Guide you through the process
  • Represent you should you need to take legal action, or are facing legal action

A poorly executed contract can be incredibly disruptive to the functioning of a business. If goods or services you purchased are not obtained in a timely manner, your business could be impacted. A law firm may be able to help you by taking a closer look at your case.

Have the Counsel of a Business Lawyer

Securing the services of business lawyers can provide business owners with important legal counsel. Many business owners believe that they may not require the help of an attorney unless they face legal proceedings. This is far from the truth. In fact, business lawyers can also work preventatively with business owners. Not only can we provide you with counsel, we can also insure that you take steps towards appropriately managing situations before they become larger issues that require litigation. Although business lawyers come at an expense, their counsel is worth their weight. This is especially true if their guidance helps your business to avoid legal issues later on.

Are you a business owner who has put off finding a business lawyer? Accessing an experienced business law lawyer Rockville, MD chooses doesn’t have to be as stressful as you may have been led to believe. Contact a law firm today so that a lawyer can provide you with clear straightforward rates and the guidance you deserve.

Thanks to The Law Office of Daniel J. Wright for their insight into business law and managing disputes.

What Must I Know Before My Child Custody Hearing?

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Child Custody Modification Lawyer

When two people who had shared children together split up, it is often one parent or the other who receives custody. In some cases, both parents may be awarded joint custody, where they each share a major role in providing for their child. Before walking into your child custody hearing, we highly recommend meeting with an attorney for assistance. Family law cases tend to be more emotionally challenging compared to other disputes handled in court. They can help you prepare for the hearing by providing information, support, and strategy when needed.

Your attorney will do whatever is within their power to see that you are able to continue having a positive and close relationship with your child.

How the Judge Determines Custody

There are many variables a judge is going to consider, before making the final decision about child custody. Factors the judge may use to evaluate what is best, could be things like access to quality education and healthcare, opportunity for hobbies, and which parent can support the child’s physical and emotional needs.

Many parents may worry that if they don’t make more than their former partner, that their chances of being awarded custody are less. However, this may not be the case. If the other parent makes more but doesn’t have enough time to dedicate to spending quality time, he or she may not be chosen for sole custody.

Standards of Best Interests

The family court is going to base their decision on what will be for the betterment of the child’s growth and health. Each state may have different standards on defining what exactly is best, so it is helpful if you consult with an attorney for laws that pertain to you specifically. Despite variances by state, in general the court wants to see that the child can maintain a relationship with each parent equally if possible.

Agreement Through Mediation

Parents who are reasonably amicable with each other and feel comfortable talking directly, may find mediation helpful in resolving the child custody dispute. If parents can work out an agreement that works for both of them, they can avoid the stress and costly fees associated with attending family court. In mediation, an unbiased third party representative is present to facilitate the conversation. If you have ever experienced violence or abuse from your former partner, an attorney may suggest that perhaps mediation is not the best option for you. Under no circumstances should your safety be in jeopardy during child custody negotiations.

We can imagine how much anguish you may be experiencing right now, at the thought that you may lose your child in the custody battle. Call today to book your appointment with a child custody modification lawyer Frisco, TX offers.

Thanks to Scroggins Law Group, PLLC for their insight into family law and what to know before your child custody hearing.

Failure To Report

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Attorney Dekalb County, GA

There are just some things that are expected of you as a member of society. Laws vary from state to state as it pertains to reporting crimes; it is not also required or illegal to not report a crime. This charge, however, can range from minor to major. Depending on the extremity of the crime committed, you can be charged with a misdemeanor or a felony for not reporting it. Murder is one criminal offense that law enforcement would expect to be reported to them. In the event that it is not reported, a prosecutor can and may attempt to charge you with Failure to Report.

This is not to be confused with helping to conceal a crime this is an entirely different criminal act and will be prosecuted accordingly. If you aide someone in covering up a crime, you will be charged with far more than “failure to report”, you are then open to the possibility of being charged with aiding and abetting, or an accessory after the fact.

You do not want to participate in any parts of the crime, assisting in hiding someone law enforcement is searching for, hiding evidence, or even assisting in a cover up story (better known as an alibi), is beyond failure to report. There is a fine line between aiding and abetting and failure to report, and your involvement in these criminal acts, although you “technically” did not commit the crime, can get you into a load of legal trouble.

While each state is different, if a child is involved, many states required and expect an individual to report the crime that physically, mentally, or even emotionally affected the child.  If there is any feeling that child abuse is occurring, it must be reported. While this is not as extreme as failing to report a murder, charges can still be sought after, but only on a misdemeanor level of punishing.

If you or someone you know has knowledge of a criminal activity that took place, and has not reported it to the appropriate authorities, it could be possible the police are already aware of your participation or lack thereof. The truth is, when you are not honest, you will almost have no way of knowing your name came up, or maybe even your face was shown on video footage obtained and it is clear that you were aware and chose to not report. While it is best to simply report crimes you are aware of, if you do not, speak with a skilled criminal defense attorney Dekalb County, GA offers in the event that you are charged with Failure to Report.

ContactAndrew R. Lynch, P.C. for their insight into criminal defense and hit and run cases.

When Do You Need A Lawyer For A DUI

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Drunk Driving Accident Lawyer

One night you and your friends are out partying a little too late. You don’t realize how much you have had to drink and you decide to drive yourself home. Bad move. The way you are driving clearly indicates that you are intoxicated and you are pulled over by the police and arrested for drunk driving. Do you know what you need to do next? A DUI charge is serious and as such as severe punishments associated with it. In this post, we’ll talk through when you may or may not need a lawyer for your DUI charge.

When you may not need a defense lawyer

If this is your first offense with a driving under the influence charge, there is a good chance you will be given a standard plea deal. A standard plea deal is the generally the lowest sentence for a first time DUI offense. However, this is only applicable if you have no other prior convictions, your blood alcohol concentration wasn’t abnormally high, and the incident did not result in any injuries. This offer is typically given to everyone – whether or not they choose to have an attorney represent them.

Because of this, it may not be financially worth it to hire an attorney for your first offense as the chances of getting anything better than this option is slim. However, if you believe your case has a viable defense where you could potentially get lower than that sentence if presented at trial, you may want to consider reaching out to a defense lawyer.

When you should hire a defense lawyer

If your DUI case has any form of aggravating factors (such as injuries, high BAC, prior convictions etc.), you will want to have some form of legal representation in court. This is especially true if you are taking your case to trial. A defense lawyer will know how to navigate the system and help build the best defense possible.

According to the Fifth Amendment, everyone has the right to an attorney. Even if you can’t afford one, you will be given a public defender appointed by the court. These public defenders are very well versed in DUI cases and are also generally very familiar with the prosecution. This means they will know the chances of winning your case or negotiating a better plea bargain. The downside to a public defender is that because their caseload is so high, your case may not get the attention you believe it deserves.

If you are able to afford a private drunk driving accident lawyer Washington, DC relies on, you will get a more personalized approach to your case. It’s not a secret that defense lawyers are expensive – but that is because they get results. If you are looking for someone who will fight your case on an intimate level, get yourself a good private defense attorney. They are experts in their field and will be your best chance to help fight a DUI charge.

Thank you to our friends and contributors at The Law Firm of Frederick J. Brynn, P.C. for their insight into criminal defense and when to get a DUI lawyer.

What Should I Know About Resisting Arrest?

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Criminal Defense Attorney

When a law enforcement officer informs an individual that they are under arrest, a primal biological response tends to take place. Unless the individual under arrest had sincerely anticipated that action, the process of being arrested usually comes as a stressful shock. As a result, the body tends to react by engaging its “fight or flight” mechanism. This is a normal response to fear and stress. Unfortunately, neither fighting with nor fleeing from law enforcement is generally ever a good option.

While it may be tempting to resist arrest, doing so may actually land you in far more trouble than you might otherwise find yourself in. Depending on the circumstances of your resistance, you could end up hurt and/or face formal charges related to resisting arrest. Whether you are innocent or guilty, it is generally a good idea to avoid resisting arrest.

Once you have followed the instructions of the law enforcement officers tasked with taking you into custody, you can then generally avail yourself of your Miranda rights and wait to answer questions until your attorney arrives. At that point, your attorney can begin utilizing legal strategies designed to help ensure that the process you are engaged in is fair. Allowing an attorney to advocate on your behalf is almost always preferable to resisting arrest because this option is generally the most surefire way to safeguard your rights, maintain your physical safety and preserve legal options related to a potentially successful criminal defense.

When Someone Resists Arrest

Resisting arrest is usually treated as a misdemeanor offense. Practically speaking, this means that convicted offenders usually face penalties less severe than a full year’s imprisonment. Nevertheless, consequences related to a resisting arrest offense can be wide-ranging and long-lasting. Steep fines, temporary jail time, time-intensive community service requirements, etc. can impact an individual’s life in significant ways. So, if you have already been charged with resisting arrest, it is important to speak with an attorney about the possibility of mitigating the consequences you may potentially face if convicted.

It is also worth noting that if you have resisted arrest and were harmed in the aftermath, you may be able to pursue a case related to unreasonable force exercised by the arresting officers. The possibility of filing a successful excessive force case will depend on the unique circumstances surrounding your arrest.

Legal Guidance Is Available

If you have questions about the process of being arrested or have recently been arrested, please do not wait to contact an experienced criminal defense lawyer Bangor, ME offers. Oftentimes, obtaining knowledgeable legal guidance early can make a significant difference to the outcome of a case. A resisting arrest conviction can result in significant legal and practical consequences. So please seek any legal support you may require at this time. Depending on the circumstances surrounding your case, you may be able to work with your attorney to get the charges against you dropped or to mitigate the severity of the situation in any number of ways.

Thank you to our friends and contributors at David Bate Law for their insight into criminal defense and resisting arrest.

Have You Been Contacted By Police?

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Decatur Criminal Defense Lawyer

So a police officer contacts you asking you to report to the police station for questioning. You have been accused of a crime and they are trying to speak with you in more detail. If you happen to be contacted by the police in relation to a criminal charge, do not speak. Make them aware that you do have an attorney, even if you do not. Then seek one.  Even if an officer provides a business card to you without arresting you, have your attorney call on your behalf. It is likely that they are already building up a case against and anything you say may be used for bad against you. Even in the event that you have not been accused of a crime, point them to the direction of your legal representation.

The same would go for any law enforcement that reaches out to you. It is likely that they have evidence against you already and are building a case up against you and are trying to have you incriminate yourself. Do not neglect your sixth amendment right to an attorney. Many times the calls are recorded and will be used against you in some degree. While knowing this may be very upsetting, do not think this illegal, the detective or officer is able to record this conversation. However, your lack of knowledge regarding the law can leave you astray; leave it to your attorney. The only person you should be in communication with regarding your criminal case is your attorney; the attorney will talk to everyone else and inform you otherwise. Remember that the entire objective of police contact with a suspect is to get the information they want, even if you are not the suspect of a crime. Do not believe the things they say, leave it to your attorney to believe.

It is understandable to have extreme nerves when contacted by law enforcement. However, you are always innocent until proven guilty and in many cases, if you are contacted by law enforcement they are not on your side. If you or someone you know has been contacted by a detective or police officer, whether or not you understand right you have a right to be defended. Contact a skilled Decatur criminal defense lawyer at Andrew R. Lynch, P.C. that will be able to speak on your behalf and give you a better understanding of the case you may have open with law enforcement.

Legal Defense for Extortion

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Decatur Criminal Lawyer

Nothing is more uncomfortable than knowing that someone is holding something that can determine your freedom or fate, over your head. Knowing that with the information that they have, they feel as though they can make idle or meaningful threats that may possibly risk your freedom or reputation. People do this for several reasons, money, envy, or just simply wanting something from you. Although you can be blackmailed with very incriminating information, you also have a right to seek legal counsel to help defend you and lessen your chances of jail time.

While the laws regarding blackmail or extortion may be different according to each state government, just so long as you can prove that the accused has made a threat willingly towards another person to gain money. There are several reasons someone may want to extort you. Maybe a long-term companion is not happy that you have gained success and they have not, knowing what they know, they may use this to take away from your success. Any type of disagreement with someone that knows you well enough to use information against you in the court of law or otherwise, can lead to an extortion or blackmail charge. Suppose you are the one facing the blackmail or extortion charge. With the right criminal defense attorney, you will be able to build a defense against the accuser. Even if the party accused of extortion is unable to gain finances or what it is that they desire, with proof that there was intent beyond a reasonable doubt, there are still opportunities for prosecution to file charges.

Neither being accused of extortion or blackmail, or being extorted or blackmailed is no fun. However, if you or someone you know is on the verge or currently battling an extortion charge, or blackmail charge, they are entitled to legal defense. If you or a loved one may be under investigation based on allegations made by another party in an attempt to force something out of you, hiring a knowledgeable criminal defense attorney can make all of the difference despite the validity of the accusations. You do not have to go through this battle alone, speak with a skilled Decatur criminal lawyer at Andrew R. Lynch, P.C. that will be able to defend you in a courtroom as soon as possible.

Legal Dangers of Texting and Driving

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DUI Defense Attorney

While many states have made texting and driving a civil infraction, punishable by only a fine, there are often far more legal risks to engaging in texting and driving than a fine or points on your driver’s license.

While the act of texting and driving in and of itself may not have criminal penalties, if something bad happens while you are in the act of texting and driving, or even near the time that you were texting and driving, you may be subject to severe criminal penalties. For example, if you are texting and driving and then are in an automobile accident that results in the serious injury or the death of another person, you could be charged with a range of serious crimes, like involuntary or voluntary manslaughter, negligent homicide, murder, moving violation causing death or serious injury, reckless driving, negligent driving, and more.

The criminal penalties for causing the death or serious injury of another person can range from probation and community service to serious prison time.

The police who investigate a crash involving a death or serious injury are likely to obtain a warrant to seize your cell phone, and a forensic examination of your cell phone will likely reveal if your phone was in use and in what way it was in use at the time of the crash. If it is discovered that you were using your phone at the time of a crash that resulted in injury or death, the likelihood that you will be criminally charged is great.

In addition to the potential criminal penalties that might result from such an accident, there are also legal concerns about potential civil litigation. If you are in an automobile accident where you were texting and driving, and it results in injury or death to another driver or passenger, you could be sued by that person for their damages. Depending on the injury, the amount of damages can be incredibly high. While many people’s car insurance will defend and pay such a claim, you could be responsible for any amount that exceeds your insurance coverage, and will be subject to the stress and other financial costs of being involved in such litigation.

While the legal dangers of texting and driving should be enough to prevent you from using your phone while behind the wheel of a car, the potential legal consequences are not the only reason to refrain from texting and driving.

Texting and driving is dangerous. You risk injury to yourself, your passengers, and those in vehicles around you. The risk of death or serious injury so that you can send or receive a message is far too great. Further, texting and driving in front of your kids will only encourage them to use their phones while driving when they someday get behind the wheel of a car. Take whatever steps you need to prevent yourself from giving in to the temptation to pick up the phone while you are driving. A criminal law lawyer Grand Rapids, MI offers suggests avoiding both the legal and human consequences of texting and driving.

Thank you to our friends and contributors at Blanchard Law for their insight into criminal defense cases and texting while driving.