Monday, August 29, 2011

Boise Idaho Criminal Defense Attorneys - DUI Lawyers - (208) 472-2383 - Divorce and Family Law

What happens when you get a DUI in Idaho?  As a Boise Criminal Defense Lawyer I hear that question a lot.  The answer to the question is more substantial than describing the penalty.  You can find the basic penalty all over the web, my website included, but that is just the legal ramifications of a DUI.

Any Boise Criminal Attorney can tell you that a DUI conviction has far reaching consequences.  There is the embarrassment or hassle of the initial DUI stop, field sobriety test and booking.  Then you have the stress of having to let your family or loved ones know.  Then there is the stress of having to get out of jail and what that can mean financially.  Once you have found a Boise Criminal Defense Lawyer and have dealt with the cost of that, you have to decide if you want to fight the DUI or take a plea. 

It is possible to fight a DUI conviction and you may need to do that if it means losing your job if you are convicted.  There are many approaches to staying off a DUI conviction but it means you have to make a financial commitment to your Boise Criminal Attorney.  Criminal Defense Attorneys who are experienced in fighting DUI conviction can give you a good estimate of the cost of defending a DUI.  We can do this because we have successfully defended DUI charges and know, in the ball park, what it takes and what it costs and how much you will have to put in retainer.  Fighting a DUI will be another financial consequence that you will have to deal with.

If you choose to take a plea or you do not have the facts to sustain a fight against the DUI charge, you will have a series of hoops you will need to jump through as a result of your penalty.  These will include evaluations, community service, getting a restricted license, just to name a few.

As a Boise Criminal Attorney I have also seen the consequences of a DUI extend into people's personal lives.  Sometimes people loose their jobs, some people end up in divorce court, some people get subsequent DUI charges and the list goes on.

If you have been charged with a DUI in Idaho, you know that the consequences are serious and that's why it is critical to have an experienced Boise Criminal Defense Lawyer to help you.  Give us a call, (208) 472-2383 and see what we can do for you.

Thursday, August 25, 2011

Boise Idaho Divorce Attorneys (208) 472-2383 - Family Law Lawyers - Criminal Defense Attorneys

Evidence can make or break your case.  Whether you are in the midst of a divorce, being tried on a criminal law matter, if you need to probate a will or whether you are filing bankruptcy, evidence is a critical key to success.

You have undoubtedly heard from your doctor or pharmacist that you should never take another person's medicine.  You may say that your symptoms are exactly the same, well almost exactly the same, so what is the harm?  Medicine in like the law in some ways and one of those ways is evidence.  A doctor looks with a trained eye at your symptoms, makes a diagnosis and prescribes a medicine or a life change.  A Boise Divorce Attorney or Idaho Criminal Lawyer does very much the same thing.  They look at the facts of your case, analyze the evidence and prescribe a course of action.  The difference between the two is that the law tends to be more variable.  There is the objective law but there are also the subjective judge, parties and attorneys.  Two cases rarely turn out the same primarily because the facts, the evidence and the lawyers, judges and parties are not the same.

A good and experienced Boise Divorce Attorney or Idaho Criminal Lawyer will know the law and their rules of evidence and can, to a degree, control what is placed before the judge.  Sometimes you may have perfectly obvious evidence, but for one reason or another (hearsay; relevance; confusion) that evidence will be excluded.  You also can have the opposite result if the attorney on the other side is not the best evidence student.  I have been in situations where I have been able to introduce evidence that could have been excluded had the other Boise Divorce attorney or Idaho Criminal Lawyer known their rules of evidence.

If you are seeking a divorce or are being tried on a criminal law matter, and want to speak to an attorney, please call (208) 472-2383.  Our firm also practices probate, estate planning, bankruptcy, employment law, personal injury and small business law.  Call today.

Wednesday, August 17, 2011

Boise Family Law Lawyers - Divorce Attorneys - Criminal Lawyers - Idaho

Boise Family Law Lawyers, Criminal Attorneys - call for your free consultation now, (208) 472-2383 - Divorce, Custody, Family Law, Criminal Defense, Probate and Bankruptcy

Divorce has become a way of American Life.  More than half of all first time marriages end in divorce.  Perhaps because of this unsettling statistic, couples are now choosing to cohabitate instead of getting married.  According a report published on Tuesday by the National marriage Project, in conjunction with the University of Virginia, the number of Americans with children who live together, unmarried, has increased twelve fold since 1970.  It also reported that children are now more likely to live with unmarried parents than divorced parents.

So what does this mean for you or for divorce attorneys or family law lawyers?  Let's start with the attorneys.  As a Boise Divorce Attorney I am seeing an increase in relationships like these.  Idaho used to have a common law marriage law that, in effect, made a cohabitation a marriage.  That law was abolished and unless you have cohabitated before January 1, 1996, you are not considered married.  The difficulty for both attorneys and individuals in this situation is that you loose community property law protection and upon separation you need to figure out how to split the assets you have acquired while you were together.  Community property provides an equal share of ownership for both parties when the property is purchased with community funds or is given to the community from separate funds.  For example, if you are married and you purchase a car with a loan taken out in your name only, that car is community property if it is paid for with your income.  If, however, you aren't married and you have the same situation, the car belongs solely to the individual who purchased it.  You don't have to be a divorce lawyer to see how this can quickly become convoluted when you are buying things together.

As a Boise Family Law Lawyer, I regularly handle custody cases pursuant to these types of situations.  Unlike separation after cohabitation, the custody of children born to parents who chose to cohabitate instead of marry, follows regular custody law.  So regardless of your marital status, if you have kids and split up, custody will be determined by a fairly uniform set of guidelines and custody will be placed accordingly.  Likewise, child support is determined by the Idaho Child Support Guidelines whether the parents are married, have cohabitated or simply had a child out of wedlock.

If you need to speak to a Boise Family Law Lawyer or Boise Divorce Attorney, please call (208) 472-2383 today.

Monday, August 15, 2011

Boise Criminal Lawyers- DUI Attorneys- Reducing DUI to Reckless or Inattentive Driving

Boise Idaho Criminal Defense Attorneys - Kershisnik Law- Free Consultation, call (208) 472-2383 today.  Boise Criminal Lawyers providing experienced and affordable legal representation for all criminal matters in Idaho including DUI and DWP.  Call now.

People often ask me and other Boise Criminal Attorneys if they will be convicted if they have been charged with a DUI.  There are defenses to a DUI and it is possible to have a DUI reduced to reckless or inattentive driving.  If the facts are not there, the prosecuting attorney cannot make their case.  Examples of lacking facts or evidence can be  a "positive" field sobriety test, without corroborating  BAC results, admission of drug consumption without a positive drug test or a failed field sobriety test in conjunction with a lack of calibration record on a breathalyzer machine.

These are just examples of possible defenses to DUI.  The reason that I and other criminal defense lawyers say that these are ground for a reduction in charges, rather than a complete elimination of charges, is because there is evidence of poor driving.  When the police witness "poor" driving they have probable cause to pull you over.  Driving is a privilege so if you are driving poorly you can be charged with a crime.  If your poor driving is coupled with the consumption of drugs or alcohol, then you will be charged with a DUI.  If the police erroneously interpret the evidence, they will charge you with a DUI but you may have the charge reduced to a lessor crime like reckless or inattentive driving.

If you have been charged with a DUI or any other crime in Idaho and need to speak to a Boise Criminal Attorney, please call (208) 472-2383 for your free consultation now.  Let us help you.

Wednesday, August 10, 2011

Juvenile Law Lawyers - Boise Criminal Attorney - Boise Family Law Lawyers - Divorce Attorney

Criminal Lawyers, Family Law Attorneys, Juvenile Law Lawyers call (208) 472-2383 - Kershisnik Law - Free Consultation

As a Boise Criminal Attorney I often assist juveniles who have been charged with a crime.  Minors accused of crime are treated differently than adults charged with a crime.  The policy behind different treatment has to do with accepting responsibility and understanding consequences.  Adults are expected to do this, whereas juveniles are given more fudge room.

Often juvenile matters are processed through the courts informally.  Even though a case will be set for hearing, the matter may not actually be heard in the courtroom.    If a minor has a Boise Criminal Lawyer representing them, the judge will work the matter out between the prosecuting attorney (the state's lawyer) and private counsel.  Once this is done the judge will speak to the minor and informally finalize the case.

By its very nature as a juvenile matter, the penalty will be less severe than that of an adult.  However, it can be substantially less if the minor has a strong support system.  There are minors that have no stable adults in their lives and live in very unfavorable situations.  If this is the case the juvenile will receive a harsh penalty (though very likely less than an adult charged with the same crime).  If the juvenile has a stable family life with many support anchors, a juvenile court judge will be likely to give a fairly light sentence aimed at rehabilitating the juvenile.

If you have a child who has been charged with a crime and you need a Boise Criminal Attorney who is experienced in juvenile law to represent them, please call (208) 472-2383

Monday, August 8, 2011

Boise Criminal Lawyers - What's the Difference Between Felony and Misdemeanor?

Need a Criminal Lawyer?  Felony Charges?  Misdemeanor Charges? Call Kershisnik Law, (208) 472-2383 now to get the experienced and affordable help you need.  Free Consultation.

Felony v. Misdemeanor  What is the difference?
In Idaho, you can be charged with a crime that is a felony or a misdemeanor, but what exactly does that mean?  A felony crime is a very serious charge that, upon conviction, results in a prison sentence.  The prison sentence can range from 1 year to life in prison.  Felonies also involve greater fines than misdemeanors.  Upon conviction, a misdemeanor can carry jail time, though not necessarily, and a lessor fine amount.  A jail sentence for a misdemeanor will be no more than 1 year.

Can a Felony Charge Be Reduced to a Misdemeanor or Visa Versa?

Yes - depending upon the facts of your case, a misdemeanor charge may be increased or enhanced to a felony.  Also, if the facts aren't there a felony charge may be reduced to a misdemeanor.  A Boise Criminal Attorney can often advise you as to the possibility of your charges being changed.  The reasons for the change will depend upon the circumstances,  the consequences of the crime and the evidence available to the prosecuting attorney. Experienced criminal lawyers understand what is necessary to have the prosecuting attorneys reduce the charges against you.  This is one of the reasons why it is so important to have an experienced Boise Criminal Attorney represent you in a criminal law matter in Idaho.  The prosecuting attorney is not on your side and will not tell you what you can do or what you can argue to have a charge reduced.  It is part of the job of criminal lawyers to do this for their clients and they have been trained to do so.

What is the Difference Between Prison and Jail?

People often confuse the terms "prison" and "jail"  Prison means serving time in the state penitentiary.  Jail is run by the county and is used for misdemeanor sentences and for holding individuals until trial.  

If you need to speak to a Boise Criminal Lawyer, please call (208) 472-2383 for a free consultation.  Our attorneys are experienced and affordable.  Call now.

Wednesday, August 3, 2011

Boise Divorce Attorneys - Family Law Lawyers

For divorce and custody issues, please call (208) 472-2383 today.

As a Boise Divorce Attorney, I deal regularly with issues outside of the divorce arena but still well within the purview of Family Law.  Paternity and custody are examples of this.  Paternity issues often arise outside of the marriage or divorce context. 

If a child is born to an unmarried couple the issue of paternity and custody need to be determined.  Often people approach the visitation between parties and any child support payments in an informal context.  This generally works amiably until conflict arises and then inevitably visitation is denied and custody is threatened.  Attorneys are generally then called in to "fix" the situation.

The first step that needs to be taken when a child is born out of wedlock is to establish paternity.  There is a simple and fairly inexpensive test to determine who the father of the child is.  Establishing paternity is important because it can set the stage for child support, custody and visitation.  If the mother is on medicaid, the State of Idaho and their attorneys will automatically proceed with this step. It is important to establish paternity so that the responsibility of financial support can be directed to the right person. 

Once it is clear that the father is the father of the child, child support can be established, based upon the Idaho child support guidelines and the respective incomes of the parents.  The lawyers on both sides will also move forward with establishing custody and visitation.  This can be done through mutual agreement or by a finding of the court.  The factors that go into establishing custody and visitation are the same factors that Idaho judges use for custody determination in divorce cases.

If you have a family law issue and need to speak to a Boise Divorce Attorney, please call (208) 472-2383 today.