Disclaimer:  

 

 

What you should know in the following situations:

If you are stopped for Driving While Intoxicated:
If you are facing a Divorce:
If your spouse has filed a Domestic Violence Petition or a Restraining Order:
If you are facing an Habitual Offender Label on your driving record:
If you would like to have your Will drawn up:




If you are stopped for Driving While Intoxicated:
Make sure the officer explains why he stopped you. The officer needs an articulate reason to stop you ("Probable Cause"). It is better not to talk to the officer concerning how many drinks you have had and it is better not to make any admissions against your own interest. If the police officer suspects you've been drinking, he will no doubt ask you to perform a field sobriety test. You are not compelled or required, under the law, to perform the tests. Certain people really don't do well on the field sobriety tests. If you have a medical problem, if you're overweight, if you're wearing high heels, have eye problems or other physical limitations, these can seriously affect the validity of the tests. The field sobriety test is usually a battery of three tests consisting of: the Horizontal Gaze Nystagmus Test, the Walk and Turn Test and the One-Legged Stand Test. These tests must follow the Standards of the Police Academy Training Manual of Procedure. It is possible to win a DWI charge if the Police Officer has not followed the manual procedures exactly. Thus, to blow or not to blow, depends on how much you have had to drink as well as your height, your weight, your sex and other factors. As you can see, the DWI laws are extremely complicated and the penalties are severe. If you're facing a DWI charge, you must hire a lawyer immediately. You should, as soon as possible, write down everything about the day you were stopped, including what time you got up, what you had to eat, if you took any medications, where you went, what questions the Officer asked you, etc. If you are facing a 2nd, 3rd, or other DWI, then you need to have a lawyer and you need to fight it because the penalties are severe. There is little sympathy in the judicial system dealing with DWI and the penalties and deprivations are great.

If you are facing a Divorce:
If you have children, own a home, have a pension, and or if your spouse does not work or earns significantly less than you do, you need an attorney to represent you. You cannot go it alone when it comes to your financial future. We can fight for you to get shared parenting responsibilities of your children, thereby limiting your child support obligations. We can request that a Guardian Ad Litem be appointed to represent the best interests of your children in court thereby giving them a voice as to which parent they want to live with. We can help limit or reduce the amount of alimony by an equitable exchange of assets. Also, we have the expertise to insure that your "QDRO" or Qualified Domestic Relations Order (concerning the allocation of your pension) is processed accurately and acceptably for the court's approval. Alimony: If you need alimony and your spouse can afford to pay it, the court may grant alimony. The amount of alimony and the length of time it is to be paid, will be determined by the need of the party, the parties ability to earn their own living and the length of the marriage. Medical Insurance for the spouse: It is often an important issue if one spouse is presently covering both parties. The cost of continuing health insurance under one spouse's health plan is often expensive. This should be looked into thoroughly before a divorce is finalized. Parenting Responsibilities formerly custody/Visitation: If you have children, it is important to determine primary parenting responsibility and parenting schedule. The court is supposed to be unbiased in granting primary parenting to a man or a woman. Certainly, child support, medical insurance for the children, day care, tax deductions are all an integral part of a final Court Order and need to be fully understood and addressed thoroughly before one finalizes a divorce. We can give you the insight necessary to understand the legal implications of your decision. Assets/Debts: If you have a home, pensions, business or other assets and debts, then it is important to make sure that these are divided fairly. the court assumes that a 50/50 split of the marital assets is presumed equitable. However, there are many reasons, under the statute, that the court could award an unequal division of property. One of these is fault grounds for adultery. Another is if one party brought the asset into the marriage or if it was inherited during the marriage. Thus, many factors go into a fair distribution of the parties assets and debts. Oftentimes, problems arise when a party believes that one party will be responsible for certain debt. This does not relieve your liability to a third party who can then can pursue you if the debt is not being paid. Thus, it often makes sense to try to make the party get your name off a debt or have them sell the asset and pay off the debt so you don't have future liabilities.

If your spouse has filed a Domestic Violence Petition or a Restraining Order:
There is an important difference between a Domestic Violence Petition and a Restraining Order. A Domestic Violence Petition can affect your rights in a number of areas for the rest of your life. For example, you will never be allowed to own a weapon and if you are in the military, you could be dishonorably discharged. A Restraining Order is considered less serious by the courts. It normally restricts your access to property or contact with an individual for a specified amount of time however, it does not affect your constitutional rights in a way that the Domestic Violence Petition does. In either case, it is necessary that you hire an attorney to protect your legal rights.

If you are facing an Habitual Offender Label on your driving record:
You may be able to avoid being qualified as an Habitual Offender Label by simply taking a Driver Improvement Course. This will allow you to have three (3) points deducted from your record, thereby lowering your total point score below the limit set for this classification.
Depending on your age, as few as six (6) points (if you're under 18 years of age) and as few as twelve (12) points (if your over 21 years of age) can result in a loss of license for up to three (3) months. For a higher accumulation of points, suspension can be for a full year.
The most common major convictions are:
A. Driving while intoxicated (any offense)
B. Reckless driving
C. Leaving the scene of (Conduct after) an accident
D. Operating after Revocation or Suspension
E. Taking a vehicle without authority
F. Disobeying a Police Officer

If you would like to have your Will drawn up:
You need to know the difference between a Simple Will and a Trust:
A Simple Will allows you to pass on your assets, make specific bequests of your personal possessions and name a guardian to take care of your children (and the assets you have given them) in the event of your death. A Simple Will allows you to hand off your assets to your heirs but does not allow you to stipulate how they are disbursed or what are to be done with them after you are gone. On the other hand, a Trust allows you control over how much of your money and when your money is disbursed to your heirs.

Should you have Durable Powers of Attorney for Financial and for Healthcare with your will:
Absolutely, these are inexpensive documents that will allow the person you choose, to carry on your financial obligations, pay your bills and conduct your financial affairs, while you are incapacitated. In addition, you will have the person you choose and trust making the most important health care decisions for you; not the doctor or the hospital personnel.