Want to Hear a Lawyer Joke?
What do Boise Divorce Attorneys, Boise Bankruptcy Lawyers and Boise Criminal Lawyers all have in common? Well, sounds like a joke doesn't it?
Contrary to what you might think, divorce lawyers, bankruptcy attorneys and criminal attorneys actually offer overlapping legal representation. Who would ever think that divorce, bankruptcy and criminal law were related? Welcome to the wonderful world of the law. Let me give you a few examples of where each area of law overlaps with the other.
Divorce and Criminal Law
Let's start with divorce. Elements of a divorce can enter the criminal world in a couple of ways. When there is domestic violence, crime enters family law. The unique thing about domestic violence is it can be handled in the divorce court, rather than the criminal court. This doesn't mean that it necessarily stays there, because it can move to criminal court if there is a violation or if violence is perpetrated upon an individual, but the initial charge starts there and stays there unless further violence occurs.
Another issue where divorce and criminal law are brought together are destruction of community property. In Idaho it is a crime to destroy property of the community. It falls under the crime of malicious injury to property. This crime doesn't necessarily always occur during a divorce and if you intentionally damage your property you can be charged with a crime whether you are in the middle of a divorce or not. A related crime is the failure to preserve community funds. If you are getting a divorce and you run out and spend a ton of money on something wholly unnecessary or gamble away your savings, you have just squandered community funds and can be charged with a crime for it.
Another area that divorce and criminal law come into contact is in child support and paternity. If a mother, knowingly pretends that a man is the father of her child and collects child support for that child from that man, she can be charged and required to pay back the support taken from the man.
Divorce and Bankruptcy
The relationship between bankruptcy and divorce is a slightly different relationship than connection between divorce and criminal law. Bankruptcy plays apart in divorce in two situations. The first situation is when you file for bankruptcy and then you file for divorce. Part of Chapter 7 bankruptcy is a means tests. Income is based upon the family income. If your income goes down you may qualify for a Chapter 7 when before you did not. The community property also becomes an issue when the property has been divided pursuant to a divorce decree. When one party files bankruptcy and there is a piece of property with an outstanding balance on it, if it was acquired by the community, it is possible that the creditor can come after the other party for the outstanding balance.
Bankruptcy and Criminal Law
The relationship between criminal law and bankruptcy is one of fraud. Fraud can rear it's ugly head anywhere and this is not exception. If you fraudulently file for bankruptcy or provide false information on your bankruptcy petition or any of the schedules, you can be charged with a crime.
If you need to speak to a Boise Divorce Attorney, a Boise Criminal Lawyer or a Boise Bankruptcy Lawyer, give us a call and see what we can do for you. Call today, (208) 472-2383. You will be glad you did.
Wednesday, February 29, 2012
Wednesday, February 22, 2012
Family Law Attorneys - Military Domestic Violence
Domestic Violence in the Military
Domestic Violence is a recurring aspect of any Family Law practice. While Boise Divorce Attorneys spend a lot of time dealing with domestic violence issues for their civilian clients, they also often deal with domestic violence in a military family. However, there are differences in how the DV is dealt with when a military family is involved.
How is Domestic Violence Handled in the Military
How physical marital conflict is handled in the military depends upon who is committing the violence and where it is done. By way of contrast, in the civilian setting, if a husband abuses his wife, she or a concerned individual will report the abuse to the police. The wife may then file for a protection order. In the military, if the abuser is a civilian, their behavior will also be reported to the local police. If the abuser is military personnel and the violence occurs on a military base, then the military police are called in to investigate. They report the abuse to the Family Advocacy Program as well as the abuser's commanding officer. If the abuser is in the military and the abuse occurs off base, the local police are called. There is no consistency, however, at the moment which requires the military personnel to be reported to the commanding officer or the Family Advocacy Program for their violent behavior.
If the commanding officer or the Family Advocacy Program learn about the soldier's domestic violence for abuse committed off base or if the abuse was committed on base, a caseworker is assigned to assess the situation and to develop a safety plan. Part of this safety plan can be a protection order, similar to the ones that exist in the civilian world. Where the process differs from the civilian world is the coordinated effort employed by the military to help stop and prevent further domestic violence.
The caseworker submits their findings to a multidisciplinary panel which includes officials from the FAP, medical personnel, JAG, Chaplin and law enforcement. They review the case and make recommendations to the commanding officer. The commanding officer then, based upon the recommendations and the surrounding circumstances makes the decision to order his subordinate to counseling or other treatment or to impose disciplinary action from the Code of Military Justice.
When filing for divorce or domestic violence when a military personnel is involved it is important to remember that you need a Boise Divorce Attorney that has experience dealing with the military. While there are similarities in civilian divorce their are factors that are handled differently when military personnel are involved.
If you are in the military and need a Boise Divorce Attorney who has this experience, give us a call and see what we can do for you - (208) 472-2383 - you will be glad you did.
Domestic Violence is a recurring aspect of any Family Law practice. While Boise Divorce Attorneys spend a lot of time dealing with domestic violence issues for their civilian clients, they also often deal with domestic violence in a military family. However, there are differences in how the DV is dealt with when a military family is involved.
How is Domestic Violence Handled in the Military
How physical marital conflict is handled in the military depends upon who is committing the violence and where it is done. By way of contrast, in the civilian setting, if a husband abuses his wife, she or a concerned individual will report the abuse to the police. The wife may then file for a protection order. In the military, if the abuser is a civilian, their behavior will also be reported to the local police. If the abuser is military personnel and the violence occurs on a military base, then the military police are called in to investigate. They report the abuse to the Family Advocacy Program as well as the abuser's commanding officer. If the abuser is in the military and the abuse occurs off base, the local police are called. There is no consistency, however, at the moment which requires the military personnel to be reported to the commanding officer or the Family Advocacy Program for their violent behavior.
If the commanding officer or the Family Advocacy Program learn about the soldier's domestic violence for abuse committed off base or if the abuse was committed on base, a caseworker is assigned to assess the situation and to develop a safety plan. Part of this safety plan can be a protection order, similar to the ones that exist in the civilian world. Where the process differs from the civilian world is the coordinated effort employed by the military to help stop and prevent further domestic violence.
The caseworker submits their findings to a multidisciplinary panel which includes officials from the FAP, medical personnel, JAG, Chaplin and law enforcement. They review the case and make recommendations to the commanding officer. The commanding officer then, based upon the recommendations and the surrounding circumstances makes the decision to order his subordinate to counseling or other treatment or to impose disciplinary action from the Code of Military Justice.
When filing for divorce or domestic violence when a military personnel is involved it is important to remember that you need a Boise Divorce Attorney that has experience dealing with the military. While there are similarities in civilian divorce their are factors that are handled differently when military personnel are involved.
If you are in the military and need a Boise Divorce Attorney who has this experience, give us a call and see what we can do for you - (208) 472-2383 - you will be glad you did.
Monday, February 13, 2012
Boise Divorce Attorneys - Custody Issues Prior to Divorce
Custody Issues Prior to Divorce
Obviously it takes some time to get your divorce finalized. So, what do you do as far as custody with your minor children? Custody can be handled either formally or informally.
If you want the court to make a formal statement as to custody or you can't agree, your divorce attorney can file a motion for temporary orders. There is a mini hearing and the judge decides what the visitation schedule will be as well as the custody arrangement. The respective divorce lawyers will present evidence and statements to the judge and based upon this information the judge will decide.
If you are on working terms with the other parent, you can informally agree on what the arrangement will be. You, not the judge, makes the decision as to how visitation and custody will be handled. The problem arises when the parties can't agree and then there is no order to have the court enforce.
Ultimately, the court will decide what the custody arrangement will be. Hopefully, you are able to work out the intricacies with the other parent through mediation so that it is a custody arrangement that will work for both parties. The courts and the attorneys like to see custody worked out in mediation because it leads to less need for modification. You and the other parent know your children and your life style the best so it just makes sense to work out the custody arrangement instead of litigating the issue.
If you have a divorce or custody issue and need to speak to a Boise Divorce Attorney, please call (208) 472-2383 and make an appointment for your free consultation today.
Obviously it takes some time to get your divorce finalized. So, what do you do as far as custody with your minor children? Custody can be handled either formally or informally.
If you want the court to make a formal statement as to custody or you can't agree, your divorce attorney can file a motion for temporary orders. There is a mini hearing and the judge decides what the visitation schedule will be as well as the custody arrangement. The respective divorce lawyers will present evidence and statements to the judge and based upon this information the judge will decide.
If you are on working terms with the other parent, you can informally agree on what the arrangement will be. You, not the judge, makes the decision as to how visitation and custody will be handled. The problem arises when the parties can't agree and then there is no order to have the court enforce.
Ultimately, the court will decide what the custody arrangement will be. Hopefully, you are able to work out the intricacies with the other parent through mediation so that it is a custody arrangement that will work for both parties. The courts and the attorneys like to see custody worked out in mediation because it leads to less need for modification. You and the other parent know your children and your life style the best so it just makes sense to work out the custody arrangement instead of litigating the issue.
If you have a divorce or custody issue and need to speak to a Boise Divorce Attorney, please call (208) 472-2383 and make an appointment for your free consultation today.
Monday, February 6, 2012
Boise Criminal Lawyers - Criminal Defense Attorneys (208) 472-2383
Charged with a Crime? What Not to Do -
As a Boise Criminal Lawyer people often call me after they have committed a crime. They also call me when they have already made some serious mistakes that can effect their case. If , as a criminal attorney, I could educate the general public on what to do or not to do after they are arrested, many people would be prevented from getting themselves into more trouble than they are already in.
Besides the obvious mistakes of violating a protection order, violating your probation or your parole, driving with a suspended licenses or drinking and driving while on probation for a DUI charge there are mistakes you can make before you have been found guilty or plead guilty to a crime.
If you are in custody the very first rule you must abide by is not to say anything to anybody, on the phone or over an internet chat, that might be incriminating. I have had prosecuting attorneys use evidence against my clients in court that they discovered by listening to their phone conversations. Your conversations are not protected and can and will be used against you.
The next thing you must keep in mind as a criminal defendant is to never speak to a potential witness. If you absolutely must speak to them, do not say anything about your case. The last thing you want is to be accused of is trying to influence a witness. Criminal lawyers are trained in questioning witnesses. They know how to get them say what they want or not to say what they don't want them to say. Let the criminal defense attorneys do the talking to the witnesses.
Finally, you've seen it on TV, you've heard it, you've read it - "You have the right to an attorney, anything you say can and will be used against you". Nothing can be more true than this. When the police read you your Miranda rights, they are serious. Get an attorney before you say anything!
If you have been charged with a crime and need to speak to a Boise Criminal Lawyer, give us a call and see what we can do for you - (208) 472-2383
As a Boise Criminal Lawyer people often call me after they have committed a crime. They also call me when they have already made some serious mistakes that can effect their case. If , as a criminal attorney, I could educate the general public on what to do or not to do after they are arrested, many people would be prevented from getting themselves into more trouble than they are already in.
Besides the obvious mistakes of violating a protection order, violating your probation or your parole, driving with a suspended licenses or drinking and driving while on probation for a DUI charge there are mistakes you can make before you have been found guilty or plead guilty to a crime.
If you are in custody the very first rule you must abide by is not to say anything to anybody, on the phone or over an internet chat, that might be incriminating. I have had prosecuting attorneys use evidence against my clients in court that they discovered by listening to their phone conversations. Your conversations are not protected and can and will be used against you.
The next thing you must keep in mind as a criminal defendant is to never speak to a potential witness. If you absolutely must speak to them, do not say anything about your case. The last thing you want is to be accused of is trying to influence a witness. Criminal lawyers are trained in questioning witnesses. They know how to get them say what they want or not to say what they don't want them to say. Let the criminal defense attorneys do the talking to the witnesses.
Finally, you've seen it on TV, you've heard it, you've read it - "You have the right to an attorney, anything you say can and will be used against you". Nothing can be more true than this. When the police read you your Miranda rights, they are serious. Get an attorney before you say anything!
If you have been charged with a crime and need to speak to a Boise Criminal Lawyer, give us a call and see what we can do for you - (208) 472-2383
Saturday, February 4, 2012
Boise Bankruptcy Lawyers (208) 472-2383 - Chapter 7 Bankruptcy
The Nuts and Bolts of Bankruptcy
As Boise Bankruptcy Lawyers we often get calls from individuals wanting to know how much bankruptcy costs and how long it takes. These are common questions which I call the Nuts and Bolts of Bankruptcy.
The first cost to consider is the cost of having a Boise Bankruptcy Attorney represent you. There is a wide range of costs here. Some lawyers will charge the least possible amount, while other attorneys represent the more expensive end. So how much should you pay for a bankruptcy? The answer to this depends upon how comfortable you are with your bankruptcy and how much input, advice and effort you will expect from your bankruptcy attorney. If you want to get off on the cheap, then you shouldn't expect too much help or advice. You also, however, don't need to spend an arm and a leg. You can find a reasonably priced bankruptcy lawyer to get the job done right. Another thing to consider when looking at the cost of bankruptcy is how much debt do you have and how much time will the bankruptcy lawyer have to put into your case. Obviously, the more debt the more work.
The next cost is your filing fee. Every Chapter 7 Bankruptcy will come with a $299 filing fee. That is the fee established by the Federal Bankruptcy Court.
What is required for a Chapter 7 Bankruptcy
You must file a bankruptcy petition in Federal Bankruptcy Court. It is here that you pay your $299 filling fee. You must reveal all of your debt, whether it is dischargeable or not. Certain debt, such as student loans, taxes and child support cannot be discharged. An individual filing for bankruptcy will be required to go to credit counseling. It must be through an accredited and recognized company. For a list of acceptable credit counselors, go to www.usdoj.gov/ust
In addition, your bankruptcy will be overseen by the bankruptcy trustee and you and your bankruptcy attorney must attend a debtor examination. After the trustee is convinced that you have revealed all of your debt, it is up to the bankruptcy judge to affirm your bankruptcy. It can take about 4-6 months for a bankruptcy to be completed. However, once you have filed for bankruptcy an automatic stays is put into place and all collection activity must cease.
Also, you may only file for Chapter 7 Bankruptcy once every eight years. If you get into another financial fix and are swamped with debt, it is possible to file a Chapter 13 Bankruptcy. In a Chapter 13 your debt is not discharged, it is reorganized and you are put on a payment plan.
If you have overwhelming debt and need to speak to a bankruptcy lawyer, please give us a call and see what we can do for you. Call now, (208) 472-2383
As Boise Bankruptcy Lawyers we often get calls from individuals wanting to know how much bankruptcy costs and how long it takes. These are common questions which I call the Nuts and Bolts of Bankruptcy.
The first cost to consider is the cost of having a Boise Bankruptcy Attorney represent you. There is a wide range of costs here. Some lawyers will charge the least possible amount, while other attorneys represent the more expensive end. So how much should you pay for a bankruptcy? The answer to this depends upon how comfortable you are with your bankruptcy and how much input, advice and effort you will expect from your bankruptcy attorney. If you want to get off on the cheap, then you shouldn't expect too much help or advice. You also, however, don't need to spend an arm and a leg. You can find a reasonably priced bankruptcy lawyer to get the job done right. Another thing to consider when looking at the cost of bankruptcy is how much debt do you have and how much time will the bankruptcy lawyer have to put into your case. Obviously, the more debt the more work.
The next cost is your filing fee. Every Chapter 7 Bankruptcy will come with a $299 filing fee. That is the fee established by the Federal Bankruptcy Court.
What is required for a Chapter 7 Bankruptcy
You must file a bankruptcy petition in Federal Bankruptcy Court. It is here that you pay your $299 filling fee. You must reveal all of your debt, whether it is dischargeable or not. Certain debt, such as student loans, taxes and child support cannot be discharged. An individual filing for bankruptcy will be required to go to credit counseling. It must be through an accredited and recognized company. For a list of acceptable credit counselors, go to www.usdoj.gov/ust
In addition, your bankruptcy will be overseen by the bankruptcy trustee and you and your bankruptcy attorney must attend a debtor examination. After the trustee is convinced that you have revealed all of your debt, it is up to the bankruptcy judge to affirm your bankruptcy. It can take about 4-6 months for a bankruptcy to be completed. However, once you have filed for bankruptcy an automatic stays is put into place and all collection activity must cease.
Also, you may only file for Chapter 7 Bankruptcy once every eight years. If you get into another financial fix and are swamped with debt, it is possible to file a Chapter 13 Bankruptcy. In a Chapter 13 your debt is not discharged, it is reorganized and you are put on a payment plan.
If you have overwhelming debt and need to speak to a bankruptcy lawyer, please give us a call and see what we can do for you. Call now, (208) 472-2383
Thursday, February 2, 2012
Boise Divorce Attorneys - Idaho Family Law Lawyers (208) 472-2383
Boise Divorce Attorneys - Parenting Co-Ordinator - Judge
What do Boise Divorce Attorneys, Parenting Co-Ordinators and Judges have in common? All three can, and often do, have a shared influence on the ultimate custody order in a divorce or custody case in Idaho.
In a divorce or custody case, there are various steps that your divorce lawyer, the other side's attorney and the judge go through in determining what the best custody arrangement will be for you and your child. The main principle behind establishing custody is the best interest of the child. The judge prefers when the parties, either by themselves or through their lawyers, come up with a parenting arrangement that works well for everyone involved. This is the ideal, but this doesn't always happen.
If the parties can't come to an agreement, what does the court do? According to Idaho Rules of Civil Procedure an Idaho court can, by agreement, appoint a parenting co-ordinator. This is a neutral individual who will help the respective parties come to an agreement about parenting and custody.
What if the parents won't agree to a parenting co-ordinator? The court can and will appoint a parenting co-ordinator if the issues of custody continue to be relitigated, the minor child's well-being is at risk because of their inability to co-parent, there has been domestic violence, one of the parents is mentally ill or chemically dependent, or to protect the best interests of the child.
What does the parenting coordinator do? The parenting co-ordinator is supposed to help the parents, the attorneys and the judge, through an impartial view of the circumstances, come to a parenting arrangement that is in the best interest of the child. This is a new approach, and the judges, the attorneys and the co-ordiantors are trying to come up with what should be the duty of the co-ordinators but the general idea is that the neutral resource will collect all the pertinent information in relation to the child's best interest and the parents' desires and come up with a parenting agreement that works well for the parties involved.
The Idaho Rules of Civil Procedure pertaining to this issue, however, do not prevent the attorneys from advocating on their clients' behalf. This means that if the co-ordinators recommendations do not meet your expectations, your attorney can still take your custody case to court, present evidence and litigate the issues at hand.
If you have a divorce, custody or family law issue and wish to speak to a Boise Divorce Lawyer, please give us a call and see what we can do for you. (208) 472-2383
What do Boise Divorce Attorneys, Parenting Co-Ordinators and Judges have in common? All three can, and often do, have a shared influence on the ultimate custody order in a divorce or custody case in Idaho.
In a divorce or custody case, there are various steps that your divorce lawyer, the other side's attorney and the judge go through in determining what the best custody arrangement will be for you and your child. The main principle behind establishing custody is the best interest of the child. The judge prefers when the parties, either by themselves or through their lawyers, come up with a parenting arrangement that works well for everyone involved. This is the ideal, but this doesn't always happen.
If the parties can't come to an agreement, what does the court do? According to Idaho Rules of Civil Procedure an Idaho court can, by agreement, appoint a parenting co-ordinator. This is a neutral individual who will help the respective parties come to an agreement about parenting and custody.
What if the parents won't agree to a parenting co-ordinator? The court can and will appoint a parenting co-ordinator if the issues of custody continue to be relitigated, the minor child's well-being is at risk because of their inability to co-parent, there has been domestic violence, one of the parents is mentally ill or chemically dependent, or to protect the best interests of the child.
What does the parenting coordinator do? The parenting co-ordinator is supposed to help the parents, the attorneys and the judge, through an impartial view of the circumstances, come to a parenting arrangement that is in the best interest of the child. This is a new approach, and the judges, the attorneys and the co-ordiantors are trying to come up with what should be the duty of the co-ordinators but the general idea is that the neutral resource will collect all the pertinent information in relation to the child's best interest and the parents' desires and come up with a parenting agreement that works well for the parties involved.
The Idaho Rules of Civil Procedure pertaining to this issue, however, do not prevent the attorneys from advocating on their clients' behalf. This means that if the co-ordinators recommendations do not meet your expectations, your attorney can still take your custody case to court, present evidence and litigate the issues at hand.
If you have a divorce, custody or family law issue and wish to speak to a Boise Divorce Lawyer, please give us a call and see what we can do for you. (208) 472-2383
Subscribe to:
Posts (Atom)