Wednesday, May 25, 2011

Boise Divorce Attorney - Boise Family Law Lawyers - Custody Attorneys in Boise, ID - Maintaining an Alimony Award Even Into a New Marriage

Boise Divorce Attorney, Idaho Family Law Lawyers, Custody Attorneys, call (208) 472-2383 for all family law matters including divorce, custody, modification, child support, termination, adoption, alimony, domestic violence, probate, estate planning and all domestic issues effecting the family.

Alimony isn't exactly and outdated concept in Idaho, although it is not awarded very often anymore.  I have discussed in previous blogs how a Boise Divorce Attorney might go about securing a spousal support award for a client.  Today, however, I am going to discuss what happens when a spousal support award is in effect and the party receiving the alimony remarries.

It would make sense to anyone, especially Boise Divorce Lawyers, that once one is remarried, an alimony award should go away.  Because the law is the way the law it is, however, this is not necessarily the case.  If  alimony is ordered by a judge in a divorce decree, then once the party remarries the spousal support order will cease to be in effect.  If, however, alimony is agreed to by the parties in mediation, for example, it may not go away, depending upon how the mediation agreement is drafted. 

This just highlights how important it is to have a Boise Divorce Attorney review any mediation agreement before you sign it.  Sometimes in divorce matters emotions run high and agreements can be made as an emotional knee jerk, often just to get the thing over with.  This is where it is critical to have your agreement reviewed by your divorce lawyer and to evaluate with them why you are agreeing to what you are agreeing to.

If you have a divorce, alimony, custody or mediation issue and need to speak to a Boise Divorce Attorney, please call (208) 472-2383.

Monday, May 23, 2011

Boise Criminal Attorney - Idaho Criminal Defense Lawyers - Manufacture, Possession and Trafficking a Control Substance

Boise Criminal Attorney, Idaho Criminal Defense Lawyers call (208) 472-2383.  If you have been charged with a crime in Idaho and need to speak to a Boise Criminal Attorney, call us today. Criminal Defense including DUI, DWP, Possession, Trafficking, Burglary, Theft, Shoplifting, Assault and Battery, Aggravated Assault, Sex Crimes, Internet Crime, and all crime in Idaho.

Most people know that possession, trafficking and manufacture of a controlled substance is a crime in Idaho.  People often, however, don't know exactly what that means.  Boise Criminal Attorneys are very familiar with the Uniform Controlled Substance Act which governs the classification and the penalty for this particular drug crime in Idaho.

The UCS Act classifies controlled substances into 6 different categories.  For example, Marijuana, Heroin, Mescaline, Peyote and Hallucinogenic Mushrooms all fall in to Schedule I of the UCS.  Opium falls into Schedule II.  Testosterone and Human Growth Hormone are Schedule III drugs.  Classifying them this way allows the statute to created specific penalties depending upon the schedule.

The penalty for the illegal use, manufacture, possession or distribution of a controlled substance is very stiff.  As a Boise Criminal Attorney I regularly get calls from people charged with possession and trafficking of marijuana, for example, who want to know what type of penalty they are facing.  Anyone who manufactures or delivers or is in possession with the intent to manufacture or deliver a Schedule I controlled substance will be charged with a felony and, if found guilty, can be sentenced to up to life in prison, up to a $25,000 fine or both.

This is the general type of sentence for "street" drugs, but it is also illegal to possess prescription drugs that fall into controlled substance categories, such as hydrocodone, phenobarbital, codeine or morphine.  As a Boise Criminal Lawyer I have seen a rise in this type of drug crime.  While the abuse of prescription drugs has always been around, it is on the rise for juveniles.  The crime for having prescription drugs in your possession is also severe.  If, for example, you are in the possession of a controlled substance which is a narcotic and you have not obtained the drug with a valid prescription, you can be charged with a felony and, if you are found guilty, you can be sentenced up to 7 years in prison, up to a $15,000 fine or both.

As a Boise Criminal Lawyer another form of this crime that I see that is fairly unknown to the general public is the creation, the delivery or the possession with the intent to deliver a counterfeit substance. So what this means is if you are selling "cocaine" for example that is not really cocaine, you can still be charged and penalized very severely for the claim that you are selling a real drug when it is actually counterfeit.  If you create a counterfeit narcotic drug, for example, you will be guilty of a felony and can be sentenced to up to 15 years in prison, be fined $25,000 or both.

In addition to these drug crime charges, there are also charges for being under the influence of a controlled substance.  If it is a first time charge you will be guilty of a misdemeanor and can be punished to 6 months in jail, a $1,000 fine or both.  With each subsequent charge within a five year period, the penalty increases.

If you have been charged with possession, manufacture or delivery of a controlled substance, possession of marijuana, possession of drugs, trafficking or any other drug crime in Idaho and you need to speak to a Boise Criminal Attorney, please call (208) 472-2383.  We always offer a free consultation.  Give us a call today.

Thursday, May 19, 2011

Boise Criminal Lawyer - Idaho Criminal Defense Attorneys - Felony DUI

Boise Criminal Lawyer, Idaho Criminal Defense Attorneys call (208) 472-2383, DUI, DWP, Felony, Misdemeanor and all criminal charges in Idaho.

DUI in Idaho is a serious crime.  It can lead to serious consequences for your life, your family and your job.  A DUI charge is exacerbated if it is an excessive DUI or a second or third offense.  You very quickly move from a misdemeanor charge on your record to a felony charge.

As a Boise Criminal Lawyer I have seen the effects of felony DUI on families.  When you are convicted of a felony it becomes very difficult to keep your job or to be hired for a new job.  Employment can become tenuous.  Often potential employers ask if you have ever been convicted of a felony and will not hire you on that basis.  If you have been repeatedly charged with drinking and driving because you have a drinking problem, it can tear your family apart.  As a Boise Divorce Attorney I see divorce and custody battles regularly that have the underlying cause of alcoholism and the consequences associated with that such as DUI.

There can be many underlying causes for repeat or excessive DUI offense.  As a Boise Criminal Lawyer it is not only my job to help you, depending upon the facts of your case, get a fair and non-excessive or overly punitive sentence but to make certain that you take advantage of the programs that are available to help you when you have been charged with an excessive, repeat or felony DUI.  Even if you have the facts available to have the DUI charge against you dropped due to a technicality or a violation or your constitutional rights, if you have more than one DUI it is critical if you are going to prevent further DUI charges that you take a serious look at the underlying cause for the repeat charges.

If you have been charged with a DUI or other crime in Idaho and need to speak to a Boise Criminal Lawyer or an Idaho Criminal Defense Attorney, please call (208) 472-2383 to speak to one of our attorneys now.

Tuesday, May 17, 2011

Boise Divorce Attorney - Idaho Family Law Lawyers - Custody Attorneys - Visitation

Boise Divorce Attorney, Idaho Family Law Lawyers, Custody Attorneys, (208) 472-2383, divorce, custody, visitation, modification, child support, adoption, termination and all family law matters including probate, elder law, domestic violence and criminal matters effecting the family.

As a Boise Divorce Attorney I frequently get calls from people who have been involved in a divorce and custody proceeding and have had visitation established by a court order.  In connection with this, people often want to know what happens when they cannot exercise their visitation.  They are often afraid that if they skip a visitation because they are out of town, have to work or are ill, incarcerated or deployed in the military that the other parent will refuse visitation or take them to court to get a custody modification.

Divorce and custody tend to be high conflict areas and Boise Divorce Attorneys know this.  The best advice is never to skip a visitation without first notifying the other party.  Hopefully, the two parties are a good working grounds and are able to make adjustments for contingencies that occur.  For example, if your original divorce and custody decree gave you visitation every Thursday and then alternating weekends, and now you have to work every Thursday you would hopefully be able to make arrangements with the other party to give you a different day of the week for that visitation.  Sometimes this isn't possible and you must have a Boise Divorce Attorney modify your original decree.  Even if you and the other party agree, it is important to have the agreement in writing to protect yourself in the future.

For Military Personnel who are deployed, there is the option of delegating their right to visitation via a power of attorney.  This allows them to give their visitation right to whom ever they want while they are deployed.  Now, I say "to whom ever they want" with the caveat that it should be to a person who makes sense to have visitation with the child; grandparents, for example, or their new spouse, particularly if there are step or half siblings with whom continued contact would be important.

If you have a visitation issue and need to speak to a Boise Divorce Attorney or Idaho Family Law Lawyer, please call (208) 472-2383.

Tuesday, May 10, 2011

Boise Criminal Attorney - Criminal Defense Lawyer in Boise - Effect of Probation or Parole Violation

Boise Criminal Attorney, Criminal Defense Lawyer in Boise, Idaho call (208) 472-2383.  Criminal Defense, DUI, felony, misdemeanor all crimes in Idaho.

I think one of the most frequent phone conversations Boise Criminal Attorneys have is in regard to probation or parole violation.  In general, when you are convicted of a crime or plead guilty to a crime in Idaho, you are placed on probation or parole.  A violation occurs when an individual does something which is in violation of the terms of the probation or the parole.

First, let me explain the difference between probation and parole.  Probation refers to a temporary period after which you have been convicted of a misdemeanor and often have done jail time or been given probation in lieu of jail time.  You may be instructed to commit no further crime or to complete some court required program.  Parole refers to a temporary period after which you have been released from prison.  It involves a felony conviction and is a condition of release.  Parole often requires that the individual stay out of trouble, commit no further crime and often requires that they complete a court ordered program.  When parole or probation occur due to a crime involving alcohol, like a DUI, the parole or probation will require that there is no intake of alcohol by the individual and they will be routinely monitored to ensure compliance.

So, when you receive a parole violation or a probation violation, it means that you have not completed a required condition or you have done something in violation of the conditions of your release or plea.  Boise Criminal Lawyers see this often.  If an individual commits a crime while on probation or parole, they then have two criminal charges that now need to be dealt with.  Those charges can be either felony, misdemeanor or both.

As a Boise Criminal Lawyer I try to explain the slippery slope of probation and parole.  These conditions are awarded for good behavior or mitigation circumstances, but if you don't comply with the terms the hammers come down upon you.  Take for example a probation agreement for a DUI.  If it is your first time DUI, your Boise Criminal Attorney will explain your sentence to you which most likely will include a fine and jail time, part or all of which is suspended.  If you get a subsequent DUI, any of the jail time that was suspended will be reimposed upon you.  Now, not only do you have to serve the new jail time for the second time DUI, but you will also be ordered to serve the remaining jail time fro the original DUI charge.

If you have been convicted of a crime in Idaho or have received a probation or parole violation and need to speak to a Boise Criminal Lawyer, please call (208) 472-2383

Saturday, May 7, 2011

Boise Divorce Attorney - Idaho Criminal Lawyer - Criminal Issues in the Divorce or Custody Context

Boise Divorce Attorney, Idaho Attorneys; Divorce Custody, Family Law, Criminal Law, DUI, Probate, Employment Law, Personal Injury and Small Business Law call (208) 472-2383.

As part of my practice as a Boise Divorce Attorney I regularly deal with domestic violence and crime affecting the marital state.  These crimes tend to revolve around divorce or the break-up of a relationship.  There are generally two types of violence affecting the marital state.  The first is domestic violence.  Boise Divorce Lawyers see this as a regular part of their divorce practices.  The way it works for domestic violence is a party or their lawyer will file for a temporary restraining order.  This filing allows the party to get what is known as an ex parte hearing.  This allows the victim of abuse to get an expedited hearing and the restraining order in place before any harm can be done or further harm is done.  These are often used in the divorce context because the marital union is breaking down and frustration can lead to anger.  Domestic violence cases also often surround custody battles.  Ex parte hearings involving domestic violence can be subject to abuse.  Sometimes people, out of spite will claim domestic violence when the cantor of their relationship does not rise to the level of abuse.  

Upon the placement of the temporary restraining order the accused party is given an expedited hearing so that they or their divorce lawyer can present evidence why the claim is unwarranted.  If there are no grounds for the temporary order the judge will dismiss it, often with the warning that domestic violence is nothing to cry wolf about.  If the attorney and the victim are able to demonstrate through competent evidence that domestic violence exists and harm is likely without the restraining order, the judge will issue a no-contact order.  This means that the parties are to have no contact for a specified period, except through their attorneys for necessary things like those things pertaining to the divorce or custody.

The domestic violence outlined above, although it is of a criminal nature, is often handled by a Boise Divorce Attorney.  There is a situation where crime within the marital union may necessitate the help of a Boise Criminal Lawyer.  There is something known as malicious injury to marital property.  This is when one spouse destroys community property assets.  This most often occurs pursuant to a divorce or a custody battle, when once again, because of frustration, anger rears its ugly head.  Malicious injury to marital property is a crime in Idaho.  The penalty for the person responsible for the destruction depends upon the aggregate value of the property destroyed.  If the value of the property is $1,000 or less, the perpetrator can be sentenced up to a 1 year in jail, a $1,000 fine or both.  This is a misdemeanor charge.  If the value of the property is greater than $1,000 there is a minimum 1 year jail sentence, but depending upon the value and the circumstances of the harm, the sentence can be as much as 5 years in prison.  In addition there can be a fine of up to a $1,000.  When you are convicted of malicious destruction to marital property and the value of the property is greater than $1000 the crime is a felony.

A domestic violence charge in connection with a divorce or custody battle will be handled by a family law judge in family law court and can be handled by a Boise Divorce Attorney.  A malicious destruction to marital property is a criminal charged to be handled in criminal court.
If you are seeking a divorce or custody, or have domestic violence or marital crime issues and need to speak to a Boise Divorce Attorney or a Boise Criminal Lawyer, please call (208) 472-2383.

Friday, May 6, 2011

Boise Divorce Attorney - Idaho Family Law Lawyers - Child Support

Boise Divorce Attorney, (208) 472-2383, Kershisnik Law, Idaho Family Law Lawyers, divorce, custody, modification, child support, family law.

As a Boise Divorce Attorney I regularly deal with child support issues. Child support can be associated with a divorce, custody, paternity or modification.  In any of these areas, child support can also revolve around public assistance.
When a parent with a child support order is on state assistance that parent does not receive both state assistance and the child support payment from the other parent.  They must assign their right to child support payments to the state in exchange for continued receipt of public assistance.  If the other parent was in arrears (behind on child support) prior to the parent applying for assistance, the right to those monies remain with the parent and are not assigned to the state.

The policy behind the assignment of the right to the child support money is to prevent double dipping.  What this means is that part of the public assistance monies received by needy families provides for their support so getting public assistance as well as child support would be unfairly benefiting.  The parent who owes child support pursuant to the divorce decree, custody order or modification order still owes the child support, but that support goes to reimburse the state of Idaho for providing support for the children.

If are seeking a divorce, custody, child support or any other family law issue and you need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please call (208) 472-2383. You can also visit our website and fill out the quick contact form and one of our attorneys will get right back to you. There you can tell our lawyers how you would like them to contact you.

Thursday, May 5, 2011

Boise Criminal Attorney - Idaho Criminal Defense Lawyer - Medical Marijuana

Boise Criminal Lawyer, DUI Attorney, Criminal Defense Lawyers, call (208) 472-2383

Medical marijuana has come to the forefront of criminal law issues primarily because it is legal in some states and not legal in others.  In addition, in those states where it is legal, the laws governing possession of marijuana for medical use vary from state to state.

The biggest issue Idaho is confronted with and the one I see the most often as a Boise Criminal Lawyer, is when an individual holds a medical marijuana card from a state where possession is legal for medical purposes and they enter Idaho with their "medicine".  In their home state their possession is legal, but once they cross state lines does their possession become a matter of criminal law?

The Idaho Supreme Court has not yet addressed the issue of possession of medical marijuana in Idaho by an individual with a valid marijuana prescription from another state.  According to the United States Constitution, Idaho should recognize the validity of the prescription and not treat it as a criminal matter because of the Full Faith and Credit Clause.  So far, this has not been the case.  In March of this year a woman from Humbolt County, California was arrested for possession of marijuana and paraphernalia in Freemont County, Idaho.  Although she had a valid medical marijuana card she was arrested, according to the prosecuting attorney in Freemont County, because Idaho does not recognize medical marijuana cards from other states.  The woman plead guilty to possession and went on her way.

Although Idaho should afford Full Faith and Credit to the marijuana laws of other states it is unlikely that it will.  Idaho is a conservative state and will undoubtedly use the "Public Policy" exception to get out of honoring sister state's laws.  Think if the laws of other states were not honored in other areas.  Idaho, prior to 1996, recognized common law marriage, but many other states do not.  Because of Full Faith and Credit, if I were common law married in Idaho my marriage would be recognized as valid in a state that did not have a common law marriage law.  Another example is divorce.  Idaho has several grounds for divorce but not all states have the same grounds.  What if I am divorced in Idaho on the grounds of extreme cruelty and then I step into a state that does not recognize those grounds.  Would my divorce be valid?  Yes, it is because of Full Faith and Credit.

As for criminal law, the Full Faith and Credit Clause applies as well.  Domestic Violence orders will be recognized by other states besides the issuing one.  As for medical marijuana, however, it remains to be seen.  My advice if you are like that poor woman from Humbolt County?  Get a good Boise Criminal Lawyer who can either get you a good plea bargain or take your case to the Supreme Court.

If you have been charged with a crime in Idaho, including DUI, and need to speak to a Boise Criminal Lawyer, please call (208) 472-2383.