Monday, June 27, 2011

Boise Family Law Lawyers - Divorce Attorneys - Criminal Lawyers - Probate, Employment Law, Bankruptcy, DUI Attorney

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.

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