Boise Family Law Lawyers, Criminal Lawyers, Divorce Attorneys, call (208) 472-2383, Family Law, Divorce, Custody, Criminal Law, DUI, Probate, Employment Law and Bankruptcy.
Occasionally as a Boise Criminal Lawyer I get calls from individuals wanting to know what a maximum penalty is going to be for a particular crime. Likewise, as a Boise Divorce Attorney, I get calls from individuals wanting to know what their child support obligation will be or what the consequences of a domestic violence restraining order will be.
Some areas of the law, such as those that set a particular penalty for a crime or set a statutory money obligation are determined by the Idaho Code. These are laws made by the Idaho Legislature and codified. Generally, as far a criminal law is concerned, the Idaho Code sets maximum and minimum penalties. Any Idaho Criminal Lawyer, however, can tell you that there is a wide range betweeen the maximum and the minimum. Likewise, any Boise Divorce Attorney can tell you that on something like domestic violence, the penalties and requirements will vary depending upon your circumstances. However, Boise Divorce Attorneys know that for child support, the Idaho Child Support Guidelines are not negotiable. To determine child support in Idaho you must input your income and the income of the other parent as well as other pertinent information such as child day care expenses and you will arrive at a number that will be your child support obligation. There is very little fudge room on this number. Occasionally a judge will alter slightly what the obligation will be based on particular circumstances, but it is not the same fudge room a judge has when it comes to setting a criminal law penalty.
Not all laws, however, are codified. Much of the law that Boise Family Law Lawyers practice, for instance, is based upon something known as common law. Common law is the law that has evolved over time based upon cases taken to trial and taken up on appeal. Eventually, a case will make its way to the Idaho Supreme Court which will make a determination on a particular issue. This decision will either agree with the current law or it will clarify a particular issue or it will overturn a previous decision. This is the basis for common law. Eventhough Criminal Law is generally based upon statutory law it can also follow this same process.
If you have ever asked a Boise Divorce Attorney or a Boise Criminal Lawyer a legal question and have gotten an answer to the effect of "it depends upon your circumstances" this is why. The law generally is not cut and dry. There are general answers but the answer to the question can vary greatly depending upon your individual facts and circumstances. This is exactly why at Kershisnik Law when you speak to one of our divoce attorneys or criminal lawyers you will be offered a free consultation. For you to make an informed decision on how to proceed on any legal issue you need to provide an attorney will the facts so they can give you an opinion based upon your particular set of facts.
If you need to speak to a Boise Divorce Attorney or a Boise Criminal Lawyer, call today, (208) 472-2383 for your free consultation.
Monday, June 27, 2011
Tuesday, June 21, 2011
Boise Probate Attorneys - Estate Planning Lawyers - Divorce Attorney - Criminal Lawyer
Boise Probate Attorneys, Estate Planning Lawyers, Divorce Attorney, Criminal Lawyer, call (208) 472-2383 - probate, wills, estates, trusts, estate planning, divorce, custody, criminal law, DUI.
As a Boise Estate Planning Attorney I regularly get calls from people who want to know if they can write their will by themselves. People ask this not because they don't like attorneys (I hope) but because they want to save money. There are endless estate planning and will kits out there all which advertise that you can save money and do it yourself. The question really is do you want a computer program, which is only as good as the input given by the user, to plan your estate or write your will?
These programs are good enough, but it is user error that can mean the difference between your will being carried out or your will being thwarted. The programs ask a series of questions and you are supposed to fill in the appropriate box. How many times have you been confronted with this type of questionnaire and not known what to fill in or wished that there was a comment section so you could explain your answer? Herein lies the problem.
The programs sometimes don't know the complexity of the law and therefore the appropriate question cannot be asked. Divorce situations often trip up the program and the user. Disowned children also create huge problems that the estate planning software can't address. If you don't know the law it is highly possible that you may check the wrong box.
What happens if you check the wrong box and then you die? Your property may go to someone you don't want to have it or your estate may have to spend a huge amount of money trying to protect your assets. If you purchased the will or estate planning software for the express purpose of saving money, you may end up spending way more than if you had just had an attorney in the first place, especially if the probate is challenged and litigated.
The other problem is that only you know what you really want done with your property. If you had to check a box that didn't really fit what you wanted and then you die, when your will goes to probate how can the personal representative really do what you wanted?
So, as a Boise Estate Planning Attorney my best advice to you is make certain if you buy estate planning and will writing software and you have complicating issues like divorce or disowned children make certain you know what you are checking or if you don't or you are unsure, call an attorney.
To speak with a Boise Probate Attorney call (208) 472-2383 today.
As a Boise Estate Planning Attorney I regularly get calls from people who want to know if they can write their will by themselves. People ask this not because they don't like attorneys (I hope) but because they want to save money. There are endless estate planning and will kits out there all which advertise that you can save money and do it yourself. The question really is do you want a computer program, which is only as good as the input given by the user, to plan your estate or write your will?
These programs are good enough, but it is user error that can mean the difference between your will being carried out or your will being thwarted. The programs ask a series of questions and you are supposed to fill in the appropriate box. How many times have you been confronted with this type of questionnaire and not known what to fill in or wished that there was a comment section so you could explain your answer? Herein lies the problem.
The programs sometimes don't know the complexity of the law and therefore the appropriate question cannot be asked. Divorce situations often trip up the program and the user. Disowned children also create huge problems that the estate planning software can't address. If you don't know the law it is highly possible that you may check the wrong box.
What happens if you check the wrong box and then you die? Your property may go to someone you don't want to have it or your estate may have to spend a huge amount of money trying to protect your assets. If you purchased the will or estate planning software for the express purpose of saving money, you may end up spending way more than if you had just had an attorney in the first place, especially if the probate is challenged and litigated.
The other problem is that only you know what you really want done with your property. If you had to check a box that didn't really fit what you wanted and then you die, when your will goes to probate how can the personal representative really do what you wanted?
So, as a Boise Estate Planning Attorney my best advice to you is make certain if you buy estate planning and will writing software and you have complicating issues like divorce or disowned children make certain you know what you are checking or if you don't or you are unsure, call an attorney.
To speak with a Boise Probate Attorney call (208) 472-2383 today.
Thursday, June 16, 2011
Boise Divorce Attorneys - Family Law Lawyers -Criminal Attorney-Criminal Defense Lawyer
Family Law Lawyers, Boise Divorce Attorneys, Criminal Law Lawyer, Criminal Defense Attorney, 208-472-2383 - Divorce, Family Law, Criminal Defense, DUI, Probate, Estate Planning and Elder Law.
As a Criminal Defense Lawyer I defend peoples' rights. I have been criticized for "helping criminals get off on a technicality", but this simply is not the case. That attitude represents a misunderstanding of the importance of criminal procedure to protect individuals from illegal search and seizure, improper handling of evidence and conviction based upon coerced or ill-gotten confessions. This is the basis for your constitutional rights. So what is good for the goose must also be good for the gander.
In the last week a mass mailing was sent to all Idaho Lawyers from the Chief Prosecuting Attorney's office and the Idaho Prosecuting Attorneys. It didn't offer a legal opinion but it notified all Idaho Criminal Attorneys about a breach in policy by four Idaho State Police Laboratory Analysts. The breach had to do with the illegal and improper storage and use of a chemical used by ISP for evidence protocol. Another violation was perpetrated by the lab manager and a lab scientist. This violation had to do with the improper and illegal display and addition of illegal drug look-a-likes.
Now, it is highly unlikely that any of these violations have or will effect the constitutional rights of any individual in the State of Idaho, but they are violations nonetheless. These violations could potentially mean a revocation of their license to store and analyze criminal evidence.
All of this is a testament to the importance of criminal procedure and your constitutional rights. Being a criminal defense attorney doesn't mean getting criminals "off", it means defending and protecting their rights. The last thing any Criminal Defense Lawyer wants is a criminal evidence lab with a sketchy history of mishandling policy. If the lab analysts disregard company and government policy on inconsequential matters then how careful will they be in testing potentially damning and life changing evidence?
I am proud to be a Criminal Lawyer because I think these rights are inalienable and I am not discouraged by nay-sayers or those individuals who want constitutional protections for themselves but are unwilling to guarantee them for all.
If you have been charged with a crime and need to speak to a Boise Criminal Lawyer, give me a call, 208-472-2383. If your rights have been violated, let's see what we can do for you.
As a Criminal Defense Lawyer I defend peoples' rights. I have been criticized for "helping criminals get off on a technicality", but this simply is not the case. That attitude represents a misunderstanding of the importance of criminal procedure to protect individuals from illegal search and seizure, improper handling of evidence and conviction based upon coerced or ill-gotten confessions. This is the basis for your constitutional rights. So what is good for the goose must also be good for the gander.
In the last week a mass mailing was sent to all Idaho Lawyers from the Chief Prosecuting Attorney's office and the Idaho Prosecuting Attorneys. It didn't offer a legal opinion but it notified all Idaho Criminal Attorneys about a breach in policy by four Idaho State Police Laboratory Analysts. The breach had to do with the illegal and improper storage and use of a chemical used by ISP for evidence protocol. Another violation was perpetrated by the lab manager and a lab scientist. This violation had to do with the improper and illegal display and addition of illegal drug look-a-likes.
Now, it is highly unlikely that any of these violations have or will effect the constitutional rights of any individual in the State of Idaho, but they are violations nonetheless. These violations could potentially mean a revocation of their license to store and analyze criminal evidence.
All of this is a testament to the importance of criminal procedure and your constitutional rights. Being a criminal defense attorney doesn't mean getting criminals "off", it means defending and protecting their rights. The last thing any Criminal Defense Lawyer wants is a criminal evidence lab with a sketchy history of mishandling policy. If the lab analysts disregard company and government policy on inconsequential matters then how careful will they be in testing potentially damning and life changing evidence?
I am proud to be a Criminal Lawyer because I think these rights are inalienable and I am not discouraged by nay-sayers or those individuals who want constitutional protections for themselves but are unwilling to guarantee them for all.
If you have been charged with a crime and need to speak to a Boise Criminal Lawyer, give me a call, 208-472-2383. If your rights have been violated, let's see what we can do for you.
Monday, June 13, 2011
Boise Criminal Lawyers - Divorce Attorneys - Family Law Attorney - Probate and Estate Lawyer
Boise Criminal Lawyers, Divorce Attorneys, Family Law Attorney, Probate and Estate Lawyer, call (208) 472-2383 for your free consultation today.
My legal practice revolves around criminal law, divorce law, family law, probate and estate law, employment law and small business law. Very often my day to day practice as an attorney is routine. As a Boise Divorce Attorney, I might do the ordinary divorce and custody hearing. As a Boise Criminal Lawyer I might go to court and argue a probable cause issue to attempt to throw out a DUI. As a Probate Attorney I might file the appropriate paperwork for a formal probate proceeding.
That is on an ordinary day. Occasionally, unique or interesting issues raise their heads and I get to take the fascinating twists and turns of legal analysis that compelled me to go into the law in the first place. I had the opportunity recently to delve into just such analysis in my capacity as a Boise Criminal Lawyer.
Idaho Code 18-8004 is the statute governing DUI in Idaho. It says that it is a crime to drive under the influence of drugs or alcohol. Now that seems obvious. Everybody knows that you can't drive while you are impaired. But here is the interesting thing; while that code section defines an amount of alcohol in your blood stream, it does not quantify how much marijuana in your system constitutes being impaired. Presumably then, any amount of marijuana or other illegal drug in your system would technically rise to the level of impaired.
The chemical ingredient in marijuana, the one which is responsible for the high your get after smoking it is known as THC. In a blood or urine test used to determine your use of marijuana, it is the THC that is measured. THC stays in your system for some time, depending upon how much and how heavy a marijuana smoker your are. According to Washington University, the half life of marijuana is 24 hours but, if you are a heavy user, it can be detected in your blood stream for up to 45-60 days.
So why does all this matter and why do I find it interesting? If you are driving a motor vehicle in Idaho and you are pulled over and the police officer becomes suspicious of your behavior, he or she can request that you take a field sobriety test. If you are like most people, you may have difficulty passing the test. If you fail, the officer can then request that you submit to a blood or urine test. If you have smoked pot in the last month, you might be setting yourself up to get a DUI. The blood and the urine test used in Idaho to determine if you have drugs in your system doesn't measure any level of drug. It doesn't have to. It is just either positive or negative.
Paranoid? Maybe, but it's my job to give advice. Just a word of caution.
If you have been charged with a DUI and need to speak to a Boise Criminal Lawyer, please call (208) 472-2383.
My legal practice revolves around criminal law, divorce law, family law, probate and estate law, employment law and small business law. Very often my day to day practice as an attorney is routine. As a Boise Divorce Attorney, I might do the ordinary divorce and custody hearing. As a Boise Criminal Lawyer I might go to court and argue a probable cause issue to attempt to throw out a DUI. As a Probate Attorney I might file the appropriate paperwork for a formal probate proceeding.
That is on an ordinary day. Occasionally, unique or interesting issues raise their heads and I get to take the fascinating twists and turns of legal analysis that compelled me to go into the law in the first place. I had the opportunity recently to delve into just such analysis in my capacity as a Boise Criminal Lawyer.
Idaho Code 18-8004 is the statute governing DUI in Idaho. It says that it is a crime to drive under the influence of drugs or alcohol. Now that seems obvious. Everybody knows that you can't drive while you are impaired. But here is the interesting thing; while that code section defines an amount of alcohol in your blood stream, it does not quantify how much marijuana in your system constitutes being impaired. Presumably then, any amount of marijuana or other illegal drug in your system would technically rise to the level of impaired.
The chemical ingredient in marijuana, the one which is responsible for the high your get after smoking it is known as THC. In a blood or urine test used to determine your use of marijuana, it is the THC that is measured. THC stays in your system for some time, depending upon how much and how heavy a marijuana smoker your are. According to Washington University, the half life of marijuana is 24 hours but, if you are a heavy user, it can be detected in your blood stream for up to 45-60 days.
So why does all this matter and why do I find it interesting? If you are driving a motor vehicle in Idaho and you are pulled over and the police officer becomes suspicious of your behavior, he or she can request that you take a field sobriety test. If you are like most people, you may have difficulty passing the test. If you fail, the officer can then request that you submit to a blood or urine test. If you have smoked pot in the last month, you might be setting yourself up to get a DUI. The blood and the urine test used in Idaho to determine if you have drugs in your system doesn't measure any level of drug. It doesn't have to. It is just either positive or negative.
Paranoid? Maybe, but it's my job to give advice. Just a word of caution.
If you have been charged with a DUI and need to speak to a Boise Criminal Lawyer, please call (208) 472-2383.
Wednesday, June 1, 2011
Boise Divorce Attorney - Criminal Lawyer - Probate Attorneys - Family Law Considerations
Boise Divorce Attorney, Criminal Lawyer, Probate Attorneys, call (208) 472-2383 for all divorce, custody, criminal law, probate and estate planning issues.
As a Boise Divorce Attorney I am often involved in many cases that have cross over legal issues with divorce law. Criminal Law and Probate or Estate Planning are examples where legal issues mingle. As a Criminal Lawyer I see criminal or divorce and custody issues exacerbate each other. Violence in the divorce context often leads to domestic violence protection orders and no contact orders. High conflict divorce and custody battles fuel the criminal nature of domestic battery.
As a Probate Attorney, I see where divorce plays a role in the need to revisit your estate planning issues so that you don't end up with issues in probate. I have seen cases where a will is never changed and this can lead to the wrong person getting your property at death. In probate, because the testator of the will is deceased, you cannot use parole (extrinsic) evidence to prove the testator's intent. What this means is if you fail to name your new spouse in your will, the old spouse from whom you got a divorce, can and may still take under your will.
Because there is this cross over, the term Family Law can be used to encompass this area of the law. Family Law Lawyers, like myself, specialize in understanding the issues which mingle and can often have a profound impact on each other. It is with this detailed understanding that Family Law Lawyers are able to make sense of these areas and help you through the ins and outs of family law.
As a Boise Divorce Attorney I am often involved in many cases that have cross over legal issues with divorce law. Criminal Law and Probate or Estate Planning are examples where legal issues mingle. As a Criminal Lawyer I see criminal or divorce and custody issues exacerbate each other. Violence in the divorce context often leads to domestic violence protection orders and no contact orders. High conflict divorce and custody battles fuel the criminal nature of domestic battery.
As a Probate Attorney, I see where divorce plays a role in the need to revisit your estate planning issues so that you don't end up with issues in probate. I have seen cases where a will is never changed and this can lead to the wrong person getting your property at death. In probate, because the testator of the will is deceased, you cannot use parole (extrinsic) evidence to prove the testator's intent. What this means is if you fail to name your new spouse in your will, the old spouse from whom you got a divorce, can and may still take under your will.
Because there is this cross over, the term Family Law can be used to encompass this area of the law. Family Law Lawyers, like myself, specialize in understanding the issues which mingle and can often have a profound impact on each other. It is with this detailed understanding that Family Law Lawyers are able to make sense of these areas and help you through the ins and outs of family law.
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