February 6, 2012

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How To Deal With DUI/DWI Charges – A Concise Guide

Filed Under: DUI, Top Articles

DUI is the crime of Driving Under the Influence of Alcohol or drugs, or a combination of both. It is also known as DWI which stands for Driving While Intoxicated. For alcohol the legal Blood Alcohol Content is 0.08% and this can be measured using blood tests. Determining what it means to be under the influence of drugs is less easy to establish. The general test applied is that the drugs taken must affect the person in a way which means their ability to drive a vehicle is not that of a ‘prudent and cautious’ person. Drugs can include not only illegal substances but also over the counter medicine which can increase drowsiness such as cold remedies. Any such medicine comes with a warning concerning the potential side effects especially when combined with alcohol.

It is dependent on the individual state as to what can be defined as a vehicle in a DUI conviction. In Ohio a motorized lawnmower can be considered as a vehicle and it is therefore a crime to drive under the influence. In California a person riding a horse on a highway can be convicted of DUI if they are doing so under the influence.

If you have been arrested for DUI it is important to get legal advice straight away from a lawyer specifically trained in DUI. The penalties for DUI can be severe however a trained DUI lawyer will have the necessary experience to either argue against the prosecution’s case or alternatively argue for a less severe punishment. Remember that the prosecution is responsible for proving your guilt beyond a reasonable doubt. Therefore the sooner you seek legal advice the better your chances of defending yourself against the prosecution case. Contact your local bar association or go online to find the best lawyer in your area. There are good defense lawyers in your area. If you are in Dallas, you may hire a great Dallas defense attorney as your legal defense. You may even get a good Dallas DWI lawyer. Remember to get the right attorney so doing research would be necessary.

DUI/DWI Penalties

DUI penalties vary from state to state. Georgia and Florida are among those states which have the longest jail terms for first time DUI offenders and therefore can be considered among the harshest states. Upon conviction for DUI a range of penalties may apply.

License Restriction: An arrest for DUI can lead to automatic loss of license. Therefore you should contact the Department of Motor Vehicles (DMV) immediately after being arrested to request a hearing. In terms of drugs the situation is less clear. Using chemical tests it can be established whether or not you are over the 0.08% blood alcohol content limit and the DMV can retract your license automatically on this basis. While you can be tested for the presence of drugs there is no test for the presence of a specific level of drugs which can be considered as over the limit. Therefore in such instances it is not as easy for the DMV to revoke your license. The courts also have the power to revoke driving licenses.

Impounding your Vehicle: It is possible that your vehicle may be impounded or fitted with ignition locks. These locks prevent you driving while under the influence of alcohol.

Alcohol and Drug Education: The court can order that you attend a specified period of time at an alcohol and drug education centre.

Fines: The fines imposed for DUI are set at state level and therefore can vary. They are usually higher for those who have already been convicted of DUI.

Community Service: As an alternative to imprisonment a convicted DUI offender may be required to carry out a stipulated number of hours of community service.

Imprisonment: While imprisonment is not automatic for first time offenders this does vary from state to state. There will be some factors which may increase the likelihood of you receiving a more severe punishment such as imprisonment. These include the presence of children in the car while driving, whether this is your first DUI offence, your behavior when arrested and also the presence of a very high Blood Alcohol Content.

If while driving under the influence you are involved in an accident resulting in the death of another individual you will be charged with vehicular manslaughter which carries much longer sentences in prison.

Arguing your DUI Case

The prosecution will rely on four key things to get a conviction for DUI. A good DUI lawyer will be able to argue your case and try to undermine the prosecution’s case on each of these points.

1. To begin with the prosecution will present evidence of your driving patterns to demonstrate the fact you were driving under the influence. Such evidence is generally the observations made by the police prior to your arrest. This is a very subjective type of evidence and can easily be rebutted by your DUI lawyer who can provide evidence of how many years you have consistently driven in a safe manner. In some states such as Alabama it is not even necessary to provide evidence that a driver was driving erratically. Just being in charge of a car, whether driving or not, can be sufficient for a DUI conviction if you are under the influence.

2. The prosecution will also present evidence of your physical appearance when you were arrested. This can include such things as red eyes, alcohol on the breath. Once again your lawyer can present doubt as to whether or not this is evidence of DUI. Red eyes can also be the result of allergies, crying and numerous other factors. In terms of alcoholic breath, this is also very debatable. Non-alcoholic beer can also taint your breath in such a way as to suggest you have been consuming alcohol. It is the ingredients other than the alcohol which give this smell.

3. A third piece of evidence submitted by the prosecution will be the results of field sobriety tests carried out at the scene. It is commonplace to ask drivers to do such tasks as walk along a straight line. Your lawyer may be able to argue that such tasks were carried out under stress of arrest and therefore are unfair as evidence of DUI. Breathalyzer tests may also have been carried out at the scene. Your lawyer can challenge the accuracy of such a test by requiring the prosecution to submit evidence that the breathalyzer used has been well maintained and tested for accuracy.

4. So far the evidence submitted by the prosecution is more circumstantial. The hardest evidence to challenge is that of the chemical testing for Blood Alcohol Content (BAC). While some states vary in the sentencing for DUI the legal BAC limit is 0.08% across all states. While this is indeed compelling evidence of guilt your lawyer can attempt to dispute the findings of the testing. It is actually possible, though not easy, to prove that alcohol levels when tested at the police station were higher than the alcohol level while driving. Such an argument takes into account the digestion process and stomach contents of the driver.

Although it is possible to have a case of DUI dismissed with good legal representation it must also be remembered that the act has been criminalized for very good reason. All efforts should be made to ensure that you avoid driving while under the influence of alcohol or drugs, for both your own safety and that of those around you.

Filed Under: DUI, Top Articles Tagged With: , , , , , , ,

Do You Need A Wrongful Death Lawyer?

Filed Under: Negligence

Some time ago a wrongful death claim was non existent because the law believed there was no way to compensate someone who had died. Today we have the ability to make a wrongful death claim against someone responsible for the death of a close family member. Different states have their own amendments to the claim process and who is entitled to make them. In all cases a wrongful death lawyer is your best option to ensure a successful claim.

In order to make a wrongful death claim there are certain factors that must be evident. Firstly the death must have been caused by the negligent behavior of another person. Secondly their must be surviving immediate family, dependants or beneficiaries. Lastly the death must have resulted in monetary damages to those making the claim. If you are unsure if a wrongful death claim is possible in your situation then you can discuss with a lawyer upon an initial consultation, some lawyers don’t charge for this, although some do.

While making such a claim may not seem like a priority when you are dealing with the emotions of losing a close family member, in the long run it is important. Contacting a wrongful death lawyer as soon as possible is giving your claim the best chance of success. Certain evidence or information may only be available for a certain time after the death and in some states certain laws can prevent claims being made after a certain amount of time.

Often the death of a loved one can have an ongoing financial impact on our lives that we may not realize when dealing with the initial shock. The idea of making a wrongful death claim is to make sure you are not put into a poor financial position because of the negligent and unacceptable behavior of another person. While they may have been punished there is no reason you should be too. If the person that has died has left outstanding debt that wasn’t insured, perhaps they were the sole income earner in your household, as well as their medical and funeral bills on top; this can really put your average family into financial turmoil. Making a claim may not necessarily wipe your financial slate clean but it can go a long way to helping ease the stress and give you breathing space to make a manageable plan for the future.

Your loved one would not want their death to put you in a financially difficult situation. The emotion and grief alone is devastating and you can allow yourself the time and energy to work through that if you have a wrongful death lawyer. Fighting for your rights in the name of your loved one is what they do. It is not always about punishing the accused as much as it is about ensuring your life doesn’t change any more than it already has.

You can contact local known law firms or seek information from your local bar association. They will be able to provide the names of lawyers who can take on personal injury and wrongful death cases. Consult with a couple of different lawyers if possible so you have a choice of representation. You want a wrongful death lawyer who is understanding of your emotional position, but strong enough to prosecute the accused in an effective and professional manner. These lawyers could be taking on individual defendants where the death was caused in perhaps a motor vehicle accident, or they could be taking on a big corporation if the death was perhaps caused at work. Remember who you are going up against when you hire your lawyer and ask if they have experience with any similar cases and what the outcomes were.

Filed Under: Negligence Tagged With: , , , ,

How To Get The Best Divorce Advice

Filed Under: Divorce

A really important thing to remember when going through a divorce is that you are not alone. At times you may want to be alone which is understandable. However time only spent alone can prolong the negative effects the divorce has on you. There are a lot of different ways to get good divorce advice, at any stage of the process. This advice and consultation can be what gets you through these tough times quicker and on with a better life.

The percentage of marriages ending in divorce is unfortunately quite high. While reasons for divorce are quite varied there are a lot of people in your same basic situation. Most of us know friends, other family members or colleagues that have been through a divorce. These people can offer you first hand divorce advice about the pitfalls they encountered. Everyone copes differently but knowing that someone else close to you knows what you are going through and can not only empathize but sympathize can help you immensely. Talk candidly with these people about what it was that helped them, who they went to for advice or how they are feeling now after having moved on from divorce. Recommendations and advice from trusted friends and family who have first hand experience is a great first point of call.

Even though divorce is readily acceptable in today’s society, it doesn’t mean it’s any easier to cope with. Counseling or therapy can not only help you get through the immediate tough times, but it can give you the strength and tools to help you move forward into a better life for yourself. These services aren’t utilized enough for people going through divorce. People tend to think this is something they have to deal with alone and that perhaps divorce doesn’t warrant such treatment. It most certainly does and it can have surprising effects on both your self esteem and motivation to move forward. Counselors and therapist can offer qualified professional advice that you won’t find elsewhere.

Often the stress of divorce can bring on symptoms that need discussing with your doctor. Lack of sleep, loss of appetite, feelings of depression or signs of stress should be discussed with your doctor. They can offer advice and treatment from a medical perspective to ensure you are fit and well enough to cope with the change in your life. Sometimes during stressful times we tend to neglect our health and general wellbeing. However in doing this we are ultimately making dealing with the stress more difficult. Take your doctors advice to ensure your body is fit and well to cope with what is ahead.

The legal aspects of divorce need specialized attention. Speak with a lawyer for divorce advice as soon as possible. They have the experience and skills to advise on all aspects of divorce from division of property and assets, alimony, child custody and everything in between. While this advice may not come cheap it is essential if you are hoping for a smooth and speedy divorce. Having them act on your behalf in certain matters can give you the necessary time to focus on your emotions and working through them. Sometimes you may find your lawyer is also just a friendly ear, someone you know is on your side and also ready to fight for you. It’s always helpful having good first hand legal advice in your corner.

Who exactly offers the best separation divorce advice will depend on you and your situation. Sometimes these people may be the ones to offer you good advice, or perhaps they will be the ones who point you in the right direction of better help. Either way they are a good place to start to help you get on track and move on with a better life.

Filed Under: Divorce Tagged With: , , , , , , ,

Getting Divorced Is Never An Easy Process

Filed Under: Divorce

It’s the day you probably thought would never come around for you, and here it is, your getting divorced. It’s not always easing to hear when you are in the process of how to get divorced, but you will get through it. You will move on and the feelings you are having now will subside and eventually disappear as you move on to a new life. Everyone copes with divorce differently and while some can be settled amicably, others are straight warfare. You’re priority is to your happiness and wellbeing and there are a few things you can do that will help you on this journey.

Take time to yourself and do some soul searching. What is going to make you happy after this divorce is over? Where do you want your life to be? By making lists and honestly writing down your feelings, emotions and your future goals they can be easily identified when you need reminding about why you are doing this and where your life is heading. Without these clear directions it is too easy to fall into negative emotional patterns and behaviors. Remember to trust your judgments and believe in yourself. Believe in your ability to provide yourself with a better life.

Talk to your doctor. Times of divorce can play havoc on your body. The stress, worry and other emotions can take their toll. Your doctor will be able to make sure you are physically equipped to handle the situation to the best of your ability. They will also be able to recommend appropriate therapists or counselors that can provide valuable advice and treatment to working through your divorce. No emotion is too insignificant to discuss with them, especially at this time. They can give you the tools you need to move on successfully.

If there are children involved in the divorce make sure you are attending to their emotions as much as you are yours. As hard as getting divorced is for you, it is sometimes harder for them. They have a lesser understanding of relationships and their complications and having their family split up can be simply devastating. Talk to them openly and honestly and most importantly, talk often. Let them know they are loved dearly and that this is nothing to do with them or their behavior. Speak to their school teachers about their behavior at school. If you are not able to communicate with them at this time ask close friends or family to help you. Alternatively seek professional advice and perhaps see if counseling will help them to understand what is going on. Child counselors are trained in communicating with children during these hard times so don’t feel put out if they are able to get through where you couldn’t.

If you are getting divorced you’ll need legal representation. This takes the stress of a lot of the legal complications off you and leaves it to the experts. If possible get a recommendation from a trusted friend or family member for a good divorce lawyer who could give you the best divorce advice. Be open and honest with them about what you want and your priorities in the divorce. If there are children involved speak with your lawyer immediately about child custody issues and anything relating to the children. If these issues are not sorted out quickly and carefully then you risk putting unnecessary stress and pain on the children. Even if you are able to come up with a suitable private arrangement ask your lawyer to put it into writing for you both to sign avoiding any possible complications or disputes later.

Although it may feel like it, getting divorced is not the end of the world. If you want it to be it can be the start of a happier new life.

Filed Under: Divorce Tagged With: , , , , , ,

Getting Assistance From A Truck Accident Lawyer

Filed Under: Accident

As motorists we share the road with a wide variety of other vehicles. The biggest of which are trucks. Because of their size and the speeds they are capable of they have the potential to cause devastating truck accidents. It is for this reason a truck accident lawyer specializes in protecting and fighting for people involved in truck accidents. There are specific lawyers that can help you for any kind of accidents no matter how small it is as long as you want to be compensated for the negligence of other people. For bicycle accidents, a bicycle accident attorney can help you win your case and get you what is rightfully yours.

Some of the most serious large scale motor accidents have involved trucks. Accidents are often attributed to weather conditions or the negligence of other motorists on the road. However a truck accident lawyer knows many other reasons that can cause motor accidents involving trucks. If the truck or driver is at fault, these experts will be able to prove it.

Negligence of a truck driver or their company holds a serious risk to all those on the road. Some common results of negligence are: Truck drivers are often over worked causing a serious risk of driver fatigue. A trucking accident attorney know the legal rest and break requirements for truck drivers that we don’t and can help prove this during a settlement or in court. Substance abuse to keep truck drivers awake and alert is becoming more and more common. The risk here is clear and relatively easy to prove through testing. Improper or infrequent servicing on the trucks mechanics and motor can result in breakdowns causing serious accidents. Lawyers know how to go about proving this is the case and what standards should have been adhered to. Often trucks can carry hazardous or dangerous materials which if not secured and loaded appropriately can either cause an accident or increase the risk of danger after an accident. Again lawyers know the industry standards that should be adhered to and can fight to prove the negligence of the driver or trucking company.

If you have been involved in an accident involving a truck, perhaps caused by one of these common issues, then a truck accident lawyer may be your only chance in proving your case. With their expert knowledge and experience they are the only ones who can fight for a fair settlement on your behalf. If you are seriously injured in an accident involving a truck you could be looking at skyrocketing medical bills and rehabilitation costs. Once your lawyer proves that your accident was caused by someone else you can seek compensation for your medical bills, and more importantly, the person at fault is held accountable.

Filed Under: Accident Tagged With: , , , , , , , , ,

What To Know Before Making A Bodily Injury Claim

Filed Under: Injury

Being involved in a car accident is enough without the stress of expensive medical bills and rehabilitation costs. Accidents are as hurting and expensive as having mesothelioma injury.  When the accident was caused by the negligence of another motorist then you can make a bodily injury claim against them seeking compensation from their insurance company. For medical malpractice, a claim can be taken cared of by medical negligence solicitors.

Car accidents are rarely clear cut cases and can sometimes involve more than one person being responsible for causing the accident. Once negligence and liability has been established and confirmed with the insurance companies then you can have a better idea of how successful your injury claim could be. If the accident was solely due to your negligence then you will not successfully make a claim, although others involved may seek compensation from your insurance company. If the accident was found to be partly your fault and partly someone else’s fault then you could make a claim based on the other party being partly responsible. The most successful claims are when you are not held responsible for the accident in any way.

Seeing a doctor or another health professional immediately after the accident is imperative to making a successful claim. Without such a visit it’s likely that you’ll be considered not injured in the eyes of the insurance company. If delayed injuries occur it will be hard to prove they were originally caused during the accident. Even if you only notice small cuts or bruises, if you only have a small headache or little pain, see a doctor to get it documented. In some cases other health professionals such as chiropractors would be considered appropriate to consult with after an accident.

Existing injuries or medical conditions cannot be claimed for as they were not caused by the negligent party in the accident. However if you can prove that the accident has caused your original injury or condition to get worse or become seriously aggravated then you may be able to claim the costs associated with treating the aggravation only.

There is no minimum or maximum amount when it comes to a bodily injury or workplace accident claim. Rates of compensation vary widely and are dependent on a number of things. Consideration is made for medical bills and future medical bills, loss of current and future income, your age, and the limitations you have to temporarily or permanently deal with as a result of the accident. The strength of your witness’ testimony can also have a big impact on the amount of your compensation. Building a water tight case with your lawyer is of the utmost importance in securing the best settlement figure.

Some people make the mistake of settling their claim too early. Be wary of settlement offers made early on in the case, even if they seem reasonable. If you settle a bodily injury claim too early you run the risk of your condition worsening and your medical bills skyrocketing without being able to adjust your claim accordingly. All too often people accept early settlements only to have their bills double after the case is closed. Wait until you have been given a comprehensive long term diagnosis and are fully aware of what limitations your injuries will have on you in two weeks time, and in two years time before accepting any settlement.

It can be a tough business making such a bodily injury claim so ensure you have done your research first. Don’t make the same mistake other people have, learn from them. Hire the best lawyer you can afford and document everything regarding the accident and your recovery and rehabilitation. Other people’s negligence should not cost you money and making a successful claim is the only way you can make sure it doesn’t.

Filed Under: Injury Tagged With: , , ,

Assault Lawyers Working For Victims

Filed Under: Assault & Battery

Being the victim of an assault of any nature is a terrible abuse to endure. Assault can be physical and cause injury or could be threats to injure or harm. If you have been assaulted in any way the best course of action is to seek immediate help from police and hospital staff. Assault Lawyers or plaintiff lawyers can help you once you are safe to bring justice by pressing assault charges to the person who has assaulted you.

If you have been the victim of an assault you need to contact a prosecution assault attorney. A defense assault attorney is the legal representative for the accused.

Upon your consultation with police or hospital staff they may be able to point you in the right direction for helpful legal advice. Otherwise contact known law firms or your local bar association for a list of lawyers who are qualified to represent you. Some may provide free initial consultations, others wont. To help your assault attorney during your first consultation bring all documented reports from the police and the hospital, obtain copies if you are not given original documents. Any supporting evidence, witness names and a detailed description of your attacker are all extremely helpful in allowing your lawyer to build a strong case for you.

Legal experts in this area of the law have fought against some of the most ruthless, heartless and cruel attackers. They know about the emotional toll it takes on a victim and good assault lawyers will be able to not only lend a friendly ear but also be able to refer to you appropriate counseling services and support groups if you think that will help you through this tough time.

Because of the strong emotion involved it is the job of your lawyer to establish the facts by following up and investigating your allegations. You can help them by being completely honest and giving them the smallest of details. Exaggerations or false allegations will only be detrimental to the success of your case. This allows the defense an opportunity to take the advantage and possibly allow the attacker to walk free.

If you are in hospital recovering from your injuries your lawyer will be able to conduct all necessary business with you from there. They are there to make this process easier for you and will do all the necessary leg work to make that possible. They can arrange the necessary witness interviews or visit the witnesses to take supporting statements. A good lawyer will be able construct and conduct the case mostly on their own, perhaps with the help of their paralegal or assistant. They should give you ongoing relevant updates and allow you to participate as much in the case as you wish and as they see fit.

Let your lawyer know if you feel you are in danger since the attack. With the help of the police they are able to obtain a restraining order or protection orders to ensure your safety while the case progresses. Assault lawyers know all about the likely sentences for attackers so you may wish to discuss with them what punishment they will be seeking for the crime against you.

To build a strong case your lawyer will conduct large amounts of research, indexing exhibits, analyzing all documents relating to your case, make legal comparisons to similar cases and prepare for a hearing and if necessary a trial in front of a jury.

Assault lawyers may not have the most enviable job but what they do for victims of assault is commendable. They help to give victims the necessary closure and feeling of safety by bringing punishment to those who have brought harm to others.

Filed Under: Assault & Battery Tagged With: , , , , , ,

The Work Of A Trucking Accident Attorney

Filed Under: Accident

No one knows more about trucking accidents than a trucking accident attorney. Their role is to defend people who have been injured in an accident involving a truck, or on the other hand to represent truck drivers and trucking companies from being accused of negligence causing injury. They work like medical negligence solicitors when getting claims.

These attorneys are usually trained in personal injury law and have acquired an in-depth knowledge of the trucking industry and associated laws. They are trusted experts when it comes to dealing with truck accident settlements. Although this kind of settlement is somewhat related to car accident settlements, it is important that you get the right person to handle your case. So getting a trucking accident attorney who has the experience of handling such cases is the best thing to do.  Most of these attorneys will specialize in either representing trucking companies or individual victims not both. Some personal injury lawyers will handle similar cases but if you need help, find a specialist in this specific area of the law.

Their job is to investigate the facts and build a water tight case against the opposition proving their negligent behavior has caused the accident and subsequent injury of their client. Their knowledge of associated laws gives them the advantage over other attorneys. It allows them to quickly identify areas of wrong doing or negligence making the case stronger and ultimately wasting no time.

Your attorney’s goal is to get you fair monetary compensation for pain and damages, for medical bills, future medical bills for injuries caused in the accident, hospital costs, loss of immediate and future income and anything else resulting from the trucking accident. Whether the negligence was on the part of an individual or a trucking company the person responsible should be held accountable for the cost of the accident, this is what your attorney is fighting for.

Most of these cases will be settled out of court. This is usually the ideal solution for all involved. Generally the trucking accident attorney will reach a fair settlement agreed upon by his client and the case will be dismissed. If no settlement is able to be reached then the case can proceed to trail. This is when having a specialized legal expert on your side will really pay off. Their ability to question witnesses and examine evidence involved in trucking accidents is second to none. Their knowledge of the trucking industry and the safety standards they are required to adhere to is most valuable at this time.

Only a trucking accident attorney has the necessary industry knowledge coupled with legal experience and skill to successfully win a settlement claim on a trucking accident case. Finding one to represent you after a trucking accident may be the only way you can save yourself from exorbitant medical bills and additional stress.

Filed Under: Accident Tagged With: , , , , , , , ,

DWI Lawyers – Can They Help You?

Filed Under: DUI

If you’ve been arrested on a driving while impaired or intoxicated charge, the consequences can quickly snowball and have a huge negative effect on many aspects of your life especially when you hurt somebody or damage something. This is the time you need the help of assault lawyers. The specific lawyers that you could have are DWI lawyers. They are the people you call on to help you minimize the implications this charge could have on not only you, but your family and friends too.

The most important thing to remember with a DWI charge is to act quickly. By delaying contacting a lawyer you are reducing their ability to help you. If you leave it too long you may have already lost your license before your lawyer has had a chance to hear about your case. If you are taken back to the police station after being charged its likely you’ll get the opportunity to contact a legal representative then. Sometimes you may be provided with a list of DWI lawyers to choose from or you may wish to contact the bar association to get recommendations. Getting advice this early on will give you and your lawyer the best chance of fighting the charge or of reducing the sentence.

Some of the possible implications of a DWI charge could be the loss of your license, a substantial fine, community work or even imprisonment. Sometimes even a combination of these things is seen as suitable. Losing your driver’s license can severely impact on your life. Most people need to have a license to get to work, drive the kids to school and run necessary errands. Without having this freedom you have to depend on other friends and family to run around for you. The extra stress this can put on those close to you can be hard to cope with and even lead to further problems in the relationship. Not many people have substantial savings, and if they do they don’t want to be spending them on necessary court fines. This may mean forfeiting a planned holiday, Christmas gifts or enjoyed entertainment. Again this may not only affect you but those close to you as well. Imprisonment is the ultimate sentence for a DWI charge, and the implication of that to you and all those close to you is clear. It is a devastating sentence that you’ll want to do all possible to avoid.

DWI lawyers are experts in these cases and can offer you sound advice in taking the necessary steps to dismiss the charges or lessen the sentence handed to you. They can give you the best advice for such sensitive situations just like divorce lawyer giving divorce advice to a couple who wants to end up their marriage. By contacting DWI lawyers immediately they can advise you on what steps to take while you are still at the police station. Your lawyer can usually meet you at the station to conduct your initial consultation, or if you are released you need to arrange a meeting as soon as possible to discuss the next steps in your case. They will usually be able to handle everything but ensure you are kept well informed with what steps they are taking to help you. Your lawyer will prepare what is necessary for the hearing and make the appropriate statements on your behalf. Follow their instruction to the letter and you’re in the best position you can be in right now.

Filed Under: DUI Tagged With: , , , , , , ,

Child Custody – A Regrettable Battle

Filed Under: Domestic, Top Articles

Starting a family is one of the most important things you will ever do in life. Unfortunately there is no guarantee that the relationship aspect of that family will last forever. If you have children and you find yourself in the regrettable situation of either divorce or separation it is important not to lose sight of the fact that any decisions you make will have a profound impact upon your children’s lives. Whether the separation is friendly or not the issue of custody must be dealt with.

Custody – Understanding the Terminology

During any custody disputes it is important that you understand the different terminology which will be used. Physical custody gives the parent the right to have the child live with them on a daily basis, and involves making all day-to-day decisions such as what is for dinner, what is bedtime. Legal Custody on the other hand grants the parent the right to make significant decisions regarding the long-term welfare of the child such as schooling. Custody can be granted to either parent or can be granted to both jointly. Within a joint custody arrangement the parents can then establish what is known as a parenting plan. This may involve a one-week rotation between parents or indeed a timetable based around school holidays. The larger decisions regarding welfare are then made jointly. In situations where one parent has sole physical custody the other parent will normally be granted visitation rights. Once custody has been resolved then issues such as child support must be decided upon.

Resolving issues of Child Custody: Mediation

The process of deciding custody can vary depending on the ability of the parents to reach agreement. At all times the best interests of the child must be considered as paramount. Therefore if custody can be resolved through mediation rather than litigation this is to be considered more favorable for the interests of the child. In mediation both parents, and sometimes the children, will meet with a court appointed and trained mediator. The mediator will then talk through all of the issues with the parents and attempt to bring them to some kind of an agreement. If the custody dispute is part of divorce, especially a bitter divorce, it is sometimes hard to separate the two. However in this case the children will suffer. Parents are choosing to end their relationship with each other and sometimes children can be used as pawns in this. In such cases often mediation will fail and it will be forced into the court system.

Custody Litigation

When mediation has failed the matter will then be brought before the court. The court may, at its discretion, order an investigation to be carried out by social workers to establish the best interests of the child. A report of this investigation, with recommendations, will then be submitted to the court.

If the court feels it is in the best interests of the child it may also appoint a guardian ad litem to represent the child. This is a lawyer who acts on behalf of the child, in a guardianship role, throughout the court process.
If, following the report being presented to the court, both parents are still unable to reach agreement the court will request arguments from both sides. At this stage the matter is no longer in the control of the parents but is now up to the judge to decide.

At the hearing children may sometimes be called as witnesses. This is not always in the best interests of the child as having to choose between parents is a very traumatic experience for a child. While courts may choose to interview the children in order to establish their wishes a decision will not be made on this interview alone. At all stages the lawyer, as an officer of the court, must act in the best interests of the child even if this is in conflict with the wishes of the parent the lawyer is representing. Therefore you will not be able to force your lawyer into calling your child as a witness.

Child Support

After resolving the issue of custody the court will then address the issue of child support. How much is paid, and by whom, will depend on individual state laws and also the income of both parents and the custody agreement that has been reached. These variables will then be put into a formula and a suitable amount decided upon.

The break-up of a relationship is not a good time for anyone. However it is still possible that the best interests of the child can be protected providing they are factored into the entire process. If you are involved in a custody dispute always remember that how you behave will ultimately impact upon the welfare of your children.

Filed Under: Domestic, Top Articles Tagged With: , , , , , , ,
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