Boise Criminal Lawyers and Boise Divorce Attorneys, call (208) 472-2383. Idaho Family Law and Criminal Defense - call now for your free consultation.
The old adage, "think before you speak" has never been so apropos especially for Boise Criminal Lawyers and Boise Divorce Attorneys dealing with evidence in divorce and criminal law cases. With social media "out there" for everyone to post everything about themselves and their lives, if you are involved in a divorce or custody case or in a criminal law matter, you really really need to think before you speak. Judges in Idaho routinely accept facebook or twitter evidence as a statement by a party opponent. What you say on your facebook can and will come back to bite you.
If you are involved in a divorce, custody or criminal law matter you might take my advice and keep your posts tame. The real problem comes in when you make the posts before you get involved in family law issues or criminal defense matters. It might seem odd that a recreational tool like facebook or twitter can result in the use of evidence against you. The policy behind it is that you were the one that made it public and you clearly are the one who said it. If you are prone to exaggeration or hyperbole on your social media outlets, you might want to consider the consequences.
If you have family law issues or need a good criminal defense attorney, give us a call. Our lawyers are here to help you and we always offer a free consultation. Give us a call today, you will be glad you did.
Friday, July 29, 2011
Monday, July 25, 2011
Boise Estate Planning Attorneys - Probate Lawyers - Wills, Trust Attorney
Planning your estate is a very important element of planning for your future. Call (208) 472-2383 to speak to Boise Estate Planning Attorneys at Kershisnik Law today.
People often think that the elements of estate planning only consist of writing your will, creating a trust and establishing a personal representative to direct and administer your estate during probate. While these are important elements of estate planning, it is also critical to think about your future in terms of elder law issues.
What I mean by elder law issues is will you be cared for in a nursing home, hospice or will you stay in your own home? While we may all want to stay in our own homes, ultimately we may not be able to do that. We may have to go to a nursing home. Nursing homes can be very expensive and can drain the value of your estate very quickly. While this sounds frightening, it can be prevented. There are insurance policies available for long term care in a nursing facility. They can include care for assisted living as well as more round the clock care as is provided in a traditional nursing home.
Estate planning is designed for wealth preservation, however, you cannot preserve your wealth if you need to spend any length of time in a nursing home. Estate Planning Attorneys sometimes overlook this obvious detail of estate planning. No one wants to spend a ton of money on insurance but insurance can be a very important factor in wealth preservation.
If you need to plan your estate and want to speak to a Boise Estate Planning Attorney or if you need to probate an estate and want to talk with a Boise Probate Lawyer, give us a call today, (208) 472-2383.
People often think that the elements of estate planning only consist of writing your will, creating a trust and establishing a personal representative to direct and administer your estate during probate. While these are important elements of estate planning, it is also critical to think about your future in terms of elder law issues.
What I mean by elder law issues is will you be cared for in a nursing home, hospice or will you stay in your own home? While we may all want to stay in our own homes, ultimately we may not be able to do that. We may have to go to a nursing home. Nursing homes can be very expensive and can drain the value of your estate very quickly. While this sounds frightening, it can be prevented. There are insurance policies available for long term care in a nursing facility. They can include care for assisted living as well as more round the clock care as is provided in a traditional nursing home.
Estate planning is designed for wealth preservation, however, you cannot preserve your wealth if you need to spend any length of time in a nursing home. Estate Planning Attorneys sometimes overlook this obvious detail of estate planning. No one wants to spend a ton of money on insurance but insurance can be a very important factor in wealth preservation.
If you need to plan your estate and want to speak to a Boise Estate Planning Attorney or if you need to probate an estate and want to talk with a Boise Probate Lawyer, give us a call today, (208) 472-2383.
Monday, July 18, 2011
Boise Family Law Lawyers - Criminal Attorneys - DUI, Criminal Law, Divorce and Custody
Kershisnik Law, (208) 472-2383, Boise Attorneys handling Family Law, Divorce, Criminal Law, DUI and juvenile matters in Boise, Idaho. Call now for your free consultation.
Anonymous tips and DUI in Idaho:
According to the Idaho State Police DUI accounts for 39% of all fatal traffic collisions in Idaho. The number of drivers who are cited for DUI in Idaho is staggering. Over 10,000 drivers a year are arrested for DUI in Idaho. The Idaho State Police have an ongoing campaign aimed at deterring and stopping driving under the influence of drugs or alcohol. Part of the campaign is aimed at the general public. It is called REDDI (Report Every Drunk Driver Immediately).
The REDDI campaign asks that every citizen who witnesses a drunk driving incident report it immediately to the police. They ask that the location and direction of movement, be reported along with the vehicle description, license plate number and number of people in the vehicle. What the REDDI campaign fails to ask, however, is that you also give your name.
Why is it important for you to give your name? Well, firstly, whenever you call into the police they ask for your name. You don't have to give your name, but then your tip becomes anonymous. This is all important because if the driver of the vehicle has stopped driving the car by the time the police arrive, there needs to be credible evidence that that person was actually operating the motor vehicle. If the police have received an anonymous tip, then there is no eyewitness to give testimony about the driver. If there is no credible testimony about the driver being drunk, then they cannot be convicted of DUI.
If you are an adult, there is no law against being drunk in your own home. If the police, operating on an anonymous tip, arrive at that person's home and find them drunk, unless they are doing something illegal like disturbing the peace, there is nothing they can do. If they did not witness them operating a motor vehicle while under the influence, they cannot arrest them.
This type of case has been heard repeatedly by the Idaho State Supreme Court and the Court has unheld the decision that a DUI arrest cannot be made pursuant to an anonymous tip. While to some this may seem arbitrary and letting a criminal go, it is critically important to the criminal justice system. It helps to protect your rights. The last thing anyone wants is to be convicted of a crime based upon unreliable evidence.
People often ask if you need an attorney to represent you for a DUI or other criminal matter. This is a prime example of why it is so important to have an experienced DUI Lawyer on your side when you are charged with a DUI. If you don't have a criminal attorney representing you how will you know if the police received information about you driving under the influence from an anonymous tip? Would you even know to ask that type of information? This can make the difference between a conviction and a lesser charge or even going free. There are all sorts of evidence hoops that you will not know about and you can be certain that the prosecuting attorneys won't tell you.
If you have been charged with a DUI and need to speak to a Boise Criminal Attorney or a Boise DUI Lawyer, please give us a call, (208) 472-2383. We always offer a free consultation. Call now.
Anonymous tips and DUI in Idaho:
According to the Idaho State Police DUI accounts for 39% of all fatal traffic collisions in Idaho. The number of drivers who are cited for DUI in Idaho is staggering. Over 10,000 drivers a year are arrested for DUI in Idaho. The Idaho State Police have an ongoing campaign aimed at deterring and stopping driving under the influence of drugs or alcohol. Part of the campaign is aimed at the general public. It is called REDDI (Report Every Drunk Driver Immediately).
The REDDI campaign asks that every citizen who witnesses a drunk driving incident report it immediately to the police. They ask that the location and direction of movement, be reported along with the vehicle description, license plate number and number of people in the vehicle. What the REDDI campaign fails to ask, however, is that you also give your name.
Why is it important for you to give your name? Well, firstly, whenever you call into the police they ask for your name. You don't have to give your name, but then your tip becomes anonymous. This is all important because if the driver of the vehicle has stopped driving the car by the time the police arrive, there needs to be credible evidence that that person was actually operating the motor vehicle. If the police have received an anonymous tip, then there is no eyewitness to give testimony about the driver. If there is no credible testimony about the driver being drunk, then they cannot be convicted of DUI.
If you are an adult, there is no law against being drunk in your own home. If the police, operating on an anonymous tip, arrive at that person's home and find them drunk, unless they are doing something illegal like disturbing the peace, there is nothing they can do. If they did not witness them operating a motor vehicle while under the influence, they cannot arrest them.
This type of case has been heard repeatedly by the Idaho State Supreme Court and the Court has unheld the decision that a DUI arrest cannot be made pursuant to an anonymous tip. While to some this may seem arbitrary and letting a criminal go, it is critically important to the criminal justice system. It helps to protect your rights. The last thing anyone wants is to be convicted of a crime based upon unreliable evidence.
People often ask if you need an attorney to represent you for a DUI or other criminal matter. This is a prime example of why it is so important to have an experienced DUI Lawyer on your side when you are charged with a DUI. If you don't have a criminal attorney representing you how will you know if the police received information about you driving under the influence from an anonymous tip? Would you even know to ask that type of information? This can make the difference between a conviction and a lesser charge or even going free. There are all sorts of evidence hoops that you will not know about and you can be certain that the prosecuting attorneys won't tell you.
If you have been charged with a DUI and need to speak to a Boise Criminal Attorney or a Boise DUI Lawyer, please give us a call, (208) 472-2383. We always offer a free consultation. Call now.
Thursday, July 14, 2011
Divorce in Idaho - Boise Divorce Attorney Answers The Question, "Can You Do It Yourself?"
As a Boise Divorce Attorney I regularly get calls from individuals wanting to know if they can do their divorce by themselves. I always give an anecdotal account of my ability to do task by myself in which I am not trained. What I mean by that is, I am not a plumber so, how well can I do plumbing myself? Or, I am not an electrician, so how well can I wire the lights by myself? That having been said, I will ask you, if you are not a lawyer, how well can you do your divorce by yourself? These are really the types of questions you have to ask yourself if you want to do your own divorce.
There are lots of resources for do-it-yourself or cheap divorce kits in Idaho. Some are valid and some just want your money. The Idaho Supreme Court provides a website that has many do-it-yourself forms on-line. If you have not been married very long, have not acquired much property, you don't have children or custody issues, and you understand the difference between community property and separate property, you may do fine doing your own divorce. The difficulty arises when you have more complex issues such as retirement division or equalization of community property. Custody arrangements can also be tricky if you don't know what the law allows or requires. Not to stray to far from the issue, but it is like a probate case that becomes a gigantic headache for the survivors because the testator of the will decided to use a do-it-yourself will kit and marked the wrong boxes, in effect, nullifying the law and passing his or her property to a party they never intended to give it to.
If you want to save money by not hiring attorneys to do your divorce or custody issues, it is probably better to save money by hiring lawyers who are experienced in family law. Also, you can reduce your total bill by not incurring unnecessary charges, such as for calling your attorney to tell them that you have been fighting over the bills with your soon to be ex. Make certain your calls to your attorney are about necessary and important issues. You can also reduce your legal expenses by being active in your case. What I mean by this is, gathering important documents, weeding out superfluous documents and by providing your divorce lawyer with all the relevant materials they have asked you for.
If you are looking for an experienced Boise Divorce Attorney who provides affordable and excellent legal representation, call (208) 472-2383. Kershisnik Law always provides a free consultation, so give us a call today and see what we can do for you. You will be glad you did.
There are lots of resources for do-it-yourself or cheap divorce kits in Idaho. Some are valid and some just want your money. The Idaho Supreme Court provides a website that has many do-it-yourself forms on-line. If you have not been married very long, have not acquired much property, you don't have children or custody issues, and you understand the difference between community property and separate property, you may do fine doing your own divorce. The difficulty arises when you have more complex issues such as retirement division or equalization of community property. Custody arrangements can also be tricky if you don't know what the law allows or requires. Not to stray to far from the issue, but it is like a probate case that becomes a gigantic headache for the survivors because the testator of the will decided to use a do-it-yourself will kit and marked the wrong boxes, in effect, nullifying the law and passing his or her property to a party they never intended to give it to.
If you want to save money by not hiring attorneys to do your divorce or custody issues, it is probably better to save money by hiring lawyers who are experienced in family law. Also, you can reduce your total bill by not incurring unnecessary charges, such as for calling your attorney to tell them that you have been fighting over the bills with your soon to be ex. Make certain your calls to your attorney are about necessary and important issues. You can also reduce your legal expenses by being active in your case. What I mean by this is, gathering important documents, weeding out superfluous documents and by providing your divorce lawyer with all the relevant materials they have asked you for.
If you are looking for an experienced Boise Divorce Attorney who provides affordable and excellent legal representation, call (208) 472-2383. Kershisnik Law always provides a free consultation, so give us a call today and see what we can do for you. You will be glad you did.
Monday, July 11, 2011
Boise Criminal Attorneys - Juvenile Law Lawyers - DUI Attorney - Crime in Idaho
Boise Criminal Attorneys often handle juvenile law matters. Call (208) 472-2383 to speak to a criminal lawyer who knows how to handle crimes involving minors now.
Is there a difference between juvenile law and adult law? There certainly is. It is important to have a Boise Criminal Attorney experienced in juvenile law handle any case against your minor child that is brought before a court of law. There is no jury in juvenile court and so the fate of your child is in the hands of the judge. If is extremely important to approach the judge in juvenile court with respect and with an attitude of responsibility and desire for change.
Juvenile Court, while it is a court of law and while attorneys are involved, is in someways more lenient that an adult court. For example, a juvenile court's aim is to protect and direct a juvenile rather than punish them. The court will instruct your minor child on learning what is right and what is wrong and the importance of making good decisions. This having been said, it is still important to have counsel protect the rights of your minor son or daughter. Whether they have been charged with drug possession, minor DUI or any other juvenile crime you need to have a lawyer who has been through juvenile court and understands how it works. It is critical that your child's rights be protected on all levels, especially considering they don't have the opportunity for a jury trial.
One very important thing to keep in mind about juvenile court is that your minor child could have their probation extended until they reach 21, however, they will be eligible for automatic expungement of their record once they have served their sentence.
If you need to speak to a Boise Criminal Attorney who has practiced extensively in juvenile court, give us a call today, (208) 472-2383 - You will be glad you did.
Is there a difference between juvenile law and adult law? There certainly is. It is important to have a Boise Criminal Attorney experienced in juvenile law handle any case against your minor child that is brought before a court of law. There is no jury in juvenile court and so the fate of your child is in the hands of the judge. If is extremely important to approach the judge in juvenile court with respect and with an attitude of responsibility and desire for change.
Juvenile Court, while it is a court of law and while attorneys are involved, is in someways more lenient that an adult court. For example, a juvenile court's aim is to protect and direct a juvenile rather than punish them. The court will instruct your minor child on learning what is right and what is wrong and the importance of making good decisions. This having been said, it is still important to have counsel protect the rights of your minor son or daughter. Whether they have been charged with drug possession, minor DUI or any other juvenile crime you need to have a lawyer who has been through juvenile court and understands how it works. It is critical that your child's rights be protected on all levels, especially considering they don't have the opportunity for a jury trial.
One very important thing to keep in mind about juvenile court is that your minor child could have their probation extended until they reach 21, however, they will be eligible for automatic expungement of their record once they have served their sentence.
If you need to speak to a Boise Criminal Attorney who has practiced extensively in juvenile court, give us a call today, (208) 472-2383 - You will be glad you did.
Wednesday, July 6, 2011
Boise Family Law Lawyer - Divorce Attorney - Criminal Lawyers - Probate Attorneys
If you are looking for a Family Law Lawyer, Divorce Attorney, Criminal Lawyers, Probate Attorneys in Boise or the surrounding area, call (208) 472-2383 for experienced and exceptional legal representation in many areas including divorce, custody, family law, military divorce, criminal law, DUI, probate, bankruptcy, employment law and small business law.
As a Boise Divorce Attorney I deal regularly with Military Divorce. Military Divorce has certain rules and characteristics different from a civilian divorce. What strikes me most as a divorce lawyer, however, is not the differences but the rate of divorce in the military.
According to the Pentagon, the rate of military divorce has increased despite efforts by the military to provide resources for military couples. An even more harsh statistic is the effect of deployment on female soldiers. Women in the military experience divorce at twice the rate of male soldiers.
Having an absent spouse, suffering from post traumatic distress disorder, being a young couple and one partner being away from a new marriage, or simply living under extremely stressful situations are difficult on any marriage so it is no wonder why those individuals in the military are experiencing such high divorce rates. The Pentagon places the overall divorce rate at 3.7%. It is not uncommon, however, to see units, particularly those that have had more than one deployment, to have upwards of an 80% divorce rate.
While the military resources aimed at curbing the divorce rate and effects upon military family law and families have not been extremely helpful, what can be done in terms of family law for a military family? Divorce Attorneys who have experience dealing with military divorce and custody are your best resource to have your family law issues dealt with. Knowing the anatomy of a military divorce can make all the difference in settling issues intricately involved with the military. It is not just the divorce but there are many other aspects particular to the military which much be considered such as custody, retirement, outstanding debt and a whole slew of other issues.
If you are in the military or are married to military personnel and you need to speak to a Boise Divorce Attorney, please give us a call at (208) 472-2383. Our attorneys can help you understand what is at stake and help you get going along the right path. We always provide a free consultation so don't hesitate, call now.
As a Boise Divorce Attorney I deal regularly with Military Divorce. Military Divorce has certain rules and characteristics different from a civilian divorce. What strikes me most as a divorce lawyer, however, is not the differences but the rate of divorce in the military.
According to the Pentagon, the rate of military divorce has increased despite efforts by the military to provide resources for military couples. An even more harsh statistic is the effect of deployment on female soldiers. Women in the military experience divorce at twice the rate of male soldiers.
Having an absent spouse, suffering from post traumatic distress disorder, being a young couple and one partner being away from a new marriage, or simply living under extremely stressful situations are difficult on any marriage so it is no wonder why those individuals in the military are experiencing such high divorce rates. The Pentagon places the overall divorce rate at 3.7%. It is not uncommon, however, to see units, particularly those that have had more than one deployment, to have upwards of an 80% divorce rate.
While the military resources aimed at curbing the divorce rate and effects upon military family law and families have not been extremely helpful, what can be done in terms of family law for a military family? Divorce Attorneys who have experience dealing with military divorce and custody are your best resource to have your family law issues dealt with. Knowing the anatomy of a military divorce can make all the difference in settling issues intricately involved with the military. It is not just the divorce but there are many other aspects particular to the military which much be considered such as custody, retirement, outstanding debt and a whole slew of other issues.
If you are in the military or are married to military personnel and you need to speak to a Boise Divorce Attorney, please give us a call at (208) 472-2383. Our attorneys can help you understand what is at stake and help you get going along the right path. We always provide a free consultation so don't hesitate, call now.
Tuesday, July 5, 2011
Boise Criminal Lawyers - DUI Attorneys - Divorce Attorney - Family Law Lawyer - Probate - Boise
Boise Criminal Lawyers, DUI Attorneys, Divorce Attorney, Family Law Lawyer, Probate call (208) 472-2383
As the 4th of July weekend 2011 comes to a close we read in today's paper about the numerous DUI arrests made over the weekend. This year in Boise there were 17 DUI arrests. Boise Criminal Lawyers are very busy this time of year. According to the National Highway Traffic Safety Administration the 4th of July weekend is one of the deadliest times of year as far as traffic fatalities. There are many factors which play into this statistic. Firstly, it's summer and people are our enjoying the warmth and sunshine. More people on the road means more accidents. Of course, the most obvious reason for the high rate of accidents is alcohol. It is a holiday, people are drinking and they are driving under the influence. The NHTSA reports that over the past 25 years half of the fatal crashes on Independence Day have involved alcohol.
While this startling statistic gives Boise Criminal Lawyers and DUI Attorneys plenty to do, it can ruin someone's life. If you are charged with a DUI it can impact your entire way of life. No only do you have to deal with the consequences of the DUI arrests which have a huge personal impact, but if you have harmed someone in an accident caused by driving under the influence you may be responsible for a personal injury action against you or worse, you may be responsible for the death of another person.
What can you do to prevent the consequences of a DUI? The first answer is obvious - don't drink and drive. However, if you have found yourself in that situation (which we know from the recent news coverage of Senator McGee - it can happen to anyone, even those you would least expect), it is very important to follow all the recommendations of the court and the advice of your criminal lawyer. Your attitude in presentencing requirements and in a DUI sentencing can make a huge difference for you and your family.
If you have been charged with a DUI and need to speak to a Boise Criminal Lawyer or DUI Attorney, please give us a call (208) 472-2383. Find out what we can do for you.
As the 4th of July weekend 2011 comes to a close we read in today's paper about the numerous DUI arrests made over the weekend. This year in Boise there were 17 DUI arrests. Boise Criminal Lawyers are very busy this time of year. According to the National Highway Traffic Safety Administration the 4th of July weekend is one of the deadliest times of year as far as traffic fatalities. There are many factors which play into this statistic. Firstly, it's summer and people are our enjoying the warmth and sunshine. More people on the road means more accidents. Of course, the most obvious reason for the high rate of accidents is alcohol. It is a holiday, people are drinking and they are driving under the influence. The NHTSA reports that over the past 25 years half of the fatal crashes on Independence Day have involved alcohol.
While this startling statistic gives Boise Criminal Lawyers and DUI Attorneys plenty to do, it can ruin someone's life. If you are charged with a DUI it can impact your entire way of life. No only do you have to deal with the consequences of the DUI arrests which have a huge personal impact, but if you have harmed someone in an accident caused by driving under the influence you may be responsible for a personal injury action against you or worse, you may be responsible for the death of another person.
What can you do to prevent the consequences of a DUI? The first answer is obvious - don't drink and drive. However, if you have found yourself in that situation (which we know from the recent news coverage of Senator McGee - it can happen to anyone, even those you would least expect), it is very important to follow all the recommendations of the court and the advice of your criminal lawyer. Your attitude in presentencing requirements and in a DUI sentencing can make a huge difference for you and your family.
If you have been charged with a DUI and need to speak to a Boise Criminal Lawyer or DUI Attorney, please give us a call (208) 472-2383. Find out what we can do for you.
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