Sometimes the legal world is flat out frightening. You can have the sense that you don't know what is happening, what will happen or if there will be unintended consequences. The attorneys at Kershisnik Law know that our clients have these fears and we are here to help with the issues that make the legal world a frightening place.
Often times a new client will call and they are worried because the party on the other side has told them that if they go through with a divorce, they will be sorry because all their deepest darkest secrets will be exposed. Another common threat is that, "if you divorce me, you will never see your kids again". And then there is the old, "if you contest the will you will get nothing". These, in general, are baseless manipulative threats. No one is perfect and the courts know that.
In a divorce, for example, there are many things that have occurred that resulted in one party or the other or, more likely, both acting in ways that are less than perfect. People do things that they are embarrassed about. The attorneys at Kershisnik Law know how to manage these issues. It isn't covering them up, it is simply bringing to light what the important issues really are and focusing the case on that.
Sometimes people avoid going to the doctor because they are embarrassed to talk about their health issues. People can be the same way about telling their attorney what is going on. I always tell people, "you can't shock me" and there is no need to be embarrassed or hesitant. We are here to help you no matter what your situation is and no matter what you have done or not done. Whether you are seeking a divorce, custody or modification or if you have a criminal matter, probate matter or will and estate issue, we are here to weed through the threats and the fear and help you resolve your issues. Give us a call and see what we can do for you, (208) 472-2383.
For more detailed information on divorce please visit us on our divorce page.
For more detailed information on wills, probate and estate planning visit us on our probate page
For more detailed information on criminal law visit our criminal defense page
Showing posts with label attorneys. Show all posts
Showing posts with label attorneys. Show all posts
Wednesday, June 17, 2020
Tuesday, December 10, 2013
Holiday DUI - Boise Criminal Attorneys - 208-472-2383
Holiday DUI
It's that time of year again when Boise Criminal Lawyers see an increase in DUI charges. Part
of the increase has to do with the all the parties and holiday cheer. Another
portion has to do with the increase in police presence and DUI patrols.
Still yet some has to do with depression surrounding the holiday when
people are more likely to be emotionally down about the sadnesses in their
lives such as divorce, family or job loss and the like.
The best advice anyone can give about
Holiday DUI is to play it safe. The message is not new: Don't drink
and drive. People often go out with the best intentions. They plan
on a designated driver, or not drinking too much. They may even plan to
take a taxi home rather than risk a DUI. Unfortunately, the best laid
plans may fall through. Perhaps you don't realize how much you have had
to drink. Perhaps you are more depressed about your relationship and the impending
divorce than you think. Whatever it is, inevitably someone fails to
follow through with their plans and that's when the unfortunate happens.
A DUI, like any criminal charge, will ruin your holidays.
DUI Patrols and Probable Cause
People often ask me if increased DUI
patrols and checks constitute entrapment or a violation of their civil rights.
The short of it is most likely not. If you are drinking and driving
you are committing a crime if your blood alcohol level is over the legal limit.
You are placing yourself at risk and others in your vehicle and on the
road. The increased patrol is an awareness that this time of year brings
more drinking and partying.
Of course, the police still must follow
the rules of probable cause before they pull you over. If, however, they
fail to follow the proper laws to stop or arrest you, you have good grounds to
suppress any evidence they collect from their stop. Often the suppression
of evidence is the best way to beat a DUI. While it may be difficult to
remember everything from your DUI stop, usually because you have been drinking,
if you can, you can provide your criminal attorney with valuable evidence to
aid your defense.
What to do After You Are Charged with DUI
What do you do when you are charged with a
DUI? It is critically important to get a Boise DUI Attorney immediately.
There are some very important time constraints. When you are
charged or convicted of a DUI there are two potential license suspensions.
The first suspension comes from the Department of Transportation.
You must act very quickly to challenge this suspension. Although
the likelihood of not having you license suspended for a DUI by the DOT is
slim, it is worth a shot. The second license suspension comes after you
plead guilty or are found guilty of a DUI.
People often think that they can handle
their own DUI case. The problem with this is unless you are trained in
the law and you know and have personal experience with he prosecuting attorneys
you re risking the same result as a do-it-yourself plummer. You will get
leaks and often leaks that come back to haunt you.
I hope you all have a very happy holiday
season. I also hope that you play it safe and don't get a DUI. If
you do, however, give us a call, 208-472-2383, and see what we can do for you.
We are here for you and we can answer your questions. Give us a
call today.
Monday, June 4, 2012
Boise Criminal Lawyers - Reckless or Inattentive Driving? (208) 472-2383
Reckless Driving in Idaho
As a Boise Criminal Lawyer I often get calls from potential clients who have been charged with reckless driving. Often they can't believe what they have done is reckless and they want to know, what, if anything can be done.
The Idaho Code defines reckless driving as driving carelessly and heedlessly in a manner where someone is endangered or likely of being endangered. Speeding though a school zone is a superb example of reckless driving. However, is all speeding through a school zone reckless? The Idaho Code also provides for the lessor charge of inattentive driving. One could imagine a scenario where school is out for the summer and you are "speeding" 5 miles above the speed limit at midnight in a school zone. If you are charged with reckless driving, it is likely that your criminal attorney can get that reduced to an inattentive driving charge or get you off all together.
Is it better to have an inattentive driving charge rather than a reckless driving charge?
Just by the very nature of the definition, it is obvious that you would be better off being charged with inattentive driving rather than reckless driving. A first time reckless driving charge is a misdemeanor punishable by a maximum of 6 months in jail or a maximum $1,000 fine or both. Inattentive driving, on the other hand, carries a maximum 90 day jail sentence or a maximum $300 fine or both.
What happens if you are charged with reckless driving but you have proof that you weren't driving recklessly?
If this happens before trial he prosecuting attorney's office has a little device they use in these situations. The state's attorneys will amend the complaint against you. Basically, this means they change the charge from the greater one to the lessor one. If, at trial, however, the state is not able to produce enough evidence, or if in pretrial motions, your criminal lawyers are able to quash condemning evidence, you will not convicted of reckless driving.
If you have been charged with reckless or inattentive driving or any other crime in Idaho, including DUI or DWP, give us a call and see what our Boise Criminal Lawyers can do for you. (208) 472-2383.
As a Boise Criminal Lawyer I often get calls from potential clients who have been charged with reckless driving. Often they can't believe what they have done is reckless and they want to know, what, if anything can be done.
The Idaho Code defines reckless driving as driving carelessly and heedlessly in a manner where someone is endangered or likely of being endangered. Speeding though a school zone is a superb example of reckless driving. However, is all speeding through a school zone reckless? The Idaho Code also provides for the lessor charge of inattentive driving. One could imagine a scenario where school is out for the summer and you are "speeding" 5 miles above the speed limit at midnight in a school zone. If you are charged with reckless driving, it is likely that your criminal attorney can get that reduced to an inattentive driving charge or get you off all together.
Is it better to have an inattentive driving charge rather than a reckless driving charge?
Just by the very nature of the definition, it is obvious that you would be better off being charged with inattentive driving rather than reckless driving. A first time reckless driving charge is a misdemeanor punishable by a maximum of 6 months in jail or a maximum $1,000 fine or both. Inattentive driving, on the other hand, carries a maximum 90 day jail sentence or a maximum $300 fine or both.
What happens if you are charged with reckless driving but you have proof that you weren't driving recklessly?
If this happens before trial he prosecuting attorney's office has a little device they use in these situations. The state's attorneys will amend the complaint against you. Basically, this means they change the charge from the greater one to the lessor one. If, at trial, however, the state is not able to produce enough evidence, or if in pretrial motions, your criminal lawyers are able to quash condemning evidence, you will not convicted of reckless driving.
If you have been charged with reckless or inattentive driving or any other crime in Idaho, including DUI or DWP, give us a call and see what our Boise Criminal Lawyers can do for you. (208) 472-2383.
Friday, March 16, 2012
Boise Criminal Lawyers - Criminal Defense - DUI Considerations
Criminal Defense of a DUI
Most people know that if you drive a vehicle with a blood alcohol content of .08% or greater you can be charged with a DUI. There are, however, other circumstances where a lower BAC will land you with a DUI. Criminal Lawyers are called upon regularly to defend driving under the influence charges in many different circumstances.
Minor DUI
If a minor has been drinking alcohol and drives a car, they can be charged with a DUI even if they don't have a BAC of .08%. The Idaho Code makes it a crime for a minor to drive with as little as a .02% BAC. What would not be considered a BAC high enough to charge an adult with a DUI, 0.2%-.0799%, would constitute sufficient alcohol in the system to charge a minor with driving under the influence.
In addition to the differences in the amount of alcohol required in the blood to be charged with drinking and driving, the underage DUI carries different penalties than that of an adult.
Commercial Vehicle DUI
Another exception to Idaho DUI law is for drivers of commercial vehicles. If you are operating a commercial vehicle under the influence of alcohol, you can be charged with a DUI if your blood alcohol concentration is .04% or greater.
As part of any DUI conviction, there is a required mandatory absolute suspension of your driver's license. If you are convicted of a commercial DUI, both your CDL and Class D driver's licenses are suspended and visa versa.
BAC Under .08% and Drugs in Your System
If you have a BAC of under 08% it is still possible to be convicted of a DUI. If you have drugs and alcohol in your system, upon the prosecuting attorney showing with competent evidence that you also had drugs in your system, you can be charged with a DUI. These can be illegal drugs, such as marijuana, meth or cocaine or it can be over the counter or prescription drugs. If the drugs impair you enough that the state's attorneys are able to show that the combination of drugs and alcohol made you unfit to drive, you can be charged with a DUI. An example of evidence that might be used would be a field sobriety test. If you fail the field test, but your Breathalyzer result is under a .08% it may created a reasonable suspicion in the mind of the police officer that something else, such as drugs, is going on. They can then require a blood draw to detect the presence of drugs. This is particularly damning for an individual because the results of a drug blood test registers "yes" or "no". There is no "acceptable" level. You may have smoked marijuana 1 week before your traffic stop and even though you would obviously not be impaired by the pot at that point in time you could be charged with a DUI. This is one of those critical situations where you need to have criminal defense attorneys who know how to get you out of this fix.
Drugs in Your System
The Idaho Code defines a DUI as having a BAC of .08% or greater OR the presence of drugs in your system or a combination of both. As a Boise Criminal Lawyer I often get calls from irate people who have been charged with a DUI when they haven't had one sip of alcohol. Idaho used to refer to a DUI as a DWI (driving while intoxicated). That term was changed because it seemed to indicate that you would have to be intoxicated to be charged with that crime. The crime didn't change, but the denotation did.
If you have been charged with a DUI or other crime in Idaho and need an experienced and aggressive Boise Criminal Lawyer, give us a call, (208) 472-2383, and see what we can do for you.
Most people know that if you drive a vehicle with a blood alcohol content of .08% or greater you can be charged with a DUI. There are, however, other circumstances where a lower BAC will land you with a DUI. Criminal Lawyers are called upon regularly to defend driving under the influence charges in many different circumstances.
Minor DUI
If a minor has been drinking alcohol and drives a car, they can be charged with a DUI even if they don't have a BAC of .08%. The Idaho Code makes it a crime for a minor to drive with as little as a .02% BAC. What would not be considered a BAC high enough to charge an adult with a DUI, 0.2%-.0799%, would constitute sufficient alcohol in the system to charge a minor with driving under the influence.
In addition to the differences in the amount of alcohol required in the blood to be charged with drinking and driving, the underage DUI carries different penalties than that of an adult.
Commercial Vehicle DUI
Another exception to Idaho DUI law is for drivers of commercial vehicles. If you are operating a commercial vehicle under the influence of alcohol, you can be charged with a DUI if your blood alcohol concentration is .04% or greater.
As part of any DUI conviction, there is a required mandatory absolute suspension of your driver's license. If you are convicted of a commercial DUI, both your CDL and Class D driver's licenses are suspended and visa versa.
BAC Under .08% and Drugs in Your System
If you have a BAC of under 08% it is still possible to be convicted of a DUI. If you have drugs and alcohol in your system, upon the prosecuting attorney showing with competent evidence that you also had drugs in your system, you can be charged with a DUI. These can be illegal drugs, such as marijuana, meth or cocaine or it can be over the counter or prescription drugs. If the drugs impair you enough that the state's attorneys are able to show that the combination of drugs and alcohol made you unfit to drive, you can be charged with a DUI. An example of evidence that might be used would be a field sobriety test. If you fail the field test, but your Breathalyzer result is under a .08% it may created a reasonable suspicion in the mind of the police officer that something else, such as drugs, is going on. They can then require a blood draw to detect the presence of drugs. This is particularly damning for an individual because the results of a drug blood test registers "yes" or "no". There is no "acceptable" level. You may have smoked marijuana 1 week before your traffic stop and even though you would obviously not be impaired by the pot at that point in time you could be charged with a DUI. This is one of those critical situations where you need to have criminal defense attorneys who know how to get you out of this fix.
Drugs in Your System
The Idaho Code defines a DUI as having a BAC of .08% or greater OR the presence of drugs in your system or a combination of both. As a Boise Criminal Lawyer I often get calls from irate people who have been charged with a DUI when they haven't had one sip of alcohol. Idaho used to refer to a DUI as a DWI (driving while intoxicated). That term was changed because it seemed to indicate that you would have to be intoxicated to be charged with that crime. The crime didn't change, but the denotation did.
If you have been charged with a DUI or other crime in Idaho and need an experienced and aggressive Boise Criminal Lawyer, give us a call, (208) 472-2383, and see what we can do for you.
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
Thursday, January 26, 2012
Boise Divorce Attorneys Idaho Divorce and Modification -Where and Why? (208) 472-2383
Boise Divorce Lawyers
As a Boise Divorce Attorney I often get calls from individuals who live in different jurisdictions and want to know if they have to come to an Idaho Court to file for divorce, to modify their child support order or to modify their custody arrangement. The basis of their question stems from the fact that they at one time lived in Idaho or their children were in Idaho and they got a divorce here or had custody or child support established here.The answer to this questions is based upon a principle of the law called jurisdiction. Jurisdiction means the court has authority and it is the proper place to bring an action. For example, if you and your soon-to-be ex live in Boise, you or your divorce lawyers will file for divorce in Ada County because you resided here. If you have no connection to Boise or to Idaho you would not file for divorce here, unless one of the spouses has moved here and has lived here for at least six weeks.
There are some tricking issues that arise when one of the parties does not live in Idaho. One example is you can have a divorce in Idaho as long as you have been here for six weeks, but if you have children the Idaho Court cannot exercise jurisdiction over them (i.e. make a custody and support determination) if they do not live in Idaho (unless the are visiting and there is an emergency situation). There is another tricky issue that works the other way around. If you got a divorce in Idaho and then moved away, and then you want to modify the custody or support portion of it can you do that in your new state? The answer to this is no. You must either come to Idaho or have a Boise Divorce Attorney represent you and file the appropriate pleadings in the county where the children reside. This can create all sorts of issues. If for example, child support in your state is a certain amount, it may not be the same in Idaho and you will be subject to the amount that established by the Idaho Child Support Guidelines.
Boise Divorce Attorneys—Modification of Custody
What about modification of your custody order? If you got divorce in Boise and had your custody established here and then you moved away, if your child still lives here, Idaho is the proper jurisdiction in which to bring a modification. This can become difficult if you live across the county, but a Boise Divorce Attorney can handle everything for you and chances are you won't have to make an appearance in Idaho.Call to speak to a Boise Divorce Attorney Now—(208) 472-2383
If you have a divorce, custody or modification issue and you need to speak to a Boise Divorce Attorney, please give us a call and see what we can do for you.Tuesday, November 8, 2011
Effect of Divorce on Bankruptcy in Idaho - Boise Divorce Attorneys - Idaho Bankruptcy Lawyers
What effect does Bankruptcy have on divorce? As both a Boise Divorce Attorney and an Idaho Bankruptcy Lawyer, I hear this question frequently. Although there is a fairly simple answer, it is actually a two part question. First, what happens if you are seeking divorce and have filed or want to file for divorce?
If you have been in serious financial straights during your marriage filing for bankruptcy might be a sensible solution. During a marriage your debts are generally community debts with an obligation of the community to pay them. For a Chapter 7 bankruptcy, if you wait to finalize your divorce (as far as debts are concerned) and file for bankruptcy together, you may be able to discharge a large portion of your debt, thereby making the debt division simpler and less financially straining. You can also wait until after the divorce to file for bankruptcy but then you will incur a double bankruptcy fee as well as one party or the other may not meet the means test and therefore not be allowed to file for Chapter 7 bankruptcy (the means test takes into account your family size to determine income limits for Chapter 7).
The second question is what happens if neither party files for bankruptcy until after the divorce? Once you are divorced the community debt that has been assigned to you becomes your separate debt and each individual is obligated to pay that debt and is solely responsible for it. So, if your ex-spouse files for bankruptcy you don't have to worry about a dischargeable debt becoming your responsibility. Where bankruptcy after divorce has important issues is for spousal support, or alimony and child support. Ordinarily a debt is given priority in bankruptcy if it is recorded and once recorded it's priority is based upon "first in time, first in right". The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, however, gives priority for unpaid spousal support and child support over all other creditors, even tax debt. This prevents using bankruptcy from a way of getting out of paying alimony or child support.
If you have divorce or bankruptcy issues and need to speak to a Boise Divorce Attorney or an Idaho Bankruptcy Lawyer, please give us a call at 208-472-2383 and see what we can do for you.
If you have been in serious financial straights during your marriage filing for bankruptcy might be a sensible solution. During a marriage your debts are generally community debts with an obligation of the community to pay them. For a Chapter 7 bankruptcy, if you wait to finalize your divorce (as far as debts are concerned) and file for bankruptcy together, you may be able to discharge a large portion of your debt, thereby making the debt division simpler and less financially straining. You can also wait until after the divorce to file for bankruptcy but then you will incur a double bankruptcy fee as well as one party or the other may not meet the means test and therefore not be allowed to file for Chapter 7 bankruptcy (the means test takes into account your family size to determine income limits for Chapter 7).
The second question is what happens if neither party files for bankruptcy until after the divorce? Once you are divorced the community debt that has been assigned to you becomes your separate debt and each individual is obligated to pay that debt and is solely responsible for it. So, if your ex-spouse files for bankruptcy you don't have to worry about a dischargeable debt becoming your responsibility. Where bankruptcy after divorce has important issues is for spousal support, or alimony and child support. Ordinarily a debt is given priority in bankruptcy if it is recorded and once recorded it's priority is based upon "first in time, first in right". The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, however, gives priority for unpaid spousal support and child support over all other creditors, even tax debt. This prevents using bankruptcy from a way of getting out of paying alimony or child support.
If you have divorce or bankruptcy issues and need to speak to a Boise Divorce Attorney or an Idaho Bankruptcy Lawyer, please give us a call at 208-472-2383 and see what we can do for you.
Friday, October 21, 2011
Boise Idaho Bankruptcy Attorneys - Chapter 7 Lawyers
Chapter 7 Bankruptcy
As Boise Bankruptcy Attorneys, we often get calls form people wondering what all the Chapters of Bankruptcy are and what chapter they might qualify for. There are many forms of bankruptcy ranging from simple to complex. Basic bankruptcy is often refered to Chapter 7. Federal law has codified the various chapters of bankruptcy and the code section refering to "discharge" is Chapter 7. There are other forms as well, such as business bankruptcy, often called reorganization, farm bankruptcy and Chapter 13 or repayment bankruptcy.
To qualify for Chapter 7 bankruptcy you first must meet a means test. This looks at your income and determines whether or not you can repay your debts. If your income falls below the codified level for the number of people in your family you can proceed with Chapter 7. If your income exceeds the codified level you do not qualify and your only recourse is Chapter 13.
Once it has been determined that you qualify for Chapter 7, you must make an accounting of all your property. Certain property is exempt, or at least partially exempt. For example, you have what is known as a homestead exemption which exempts $100,000 of value from your home. The exempt property is protected from collection by your creditors.
Most debts are dischargeable including medical bills and credit card bills. Some debts however, such as student loans, are not dischargeable. Once you have made an accounting of your debts you will go before the bankruptcy trustee for a debtors examination. The trustee will question you about your debts and determine if you have given them a complete list of your debts. The trustee is paid a minimal statutory fee for the examination. If, however, they are able to uncover debts which you have omitted, they receive a percentage of the value of the revealed debt. This gives them incentive to look long and hard at what you have reported. You can also be penalized for omitting debts. The bankruptcy judge can deny your petition for bankruptcy so it is in your best interest to be thorough in your accounting.
Chapter 7 bankrutpcy is known as a discharge because once you have gone through the steps all your non-exempt debts are absolved. Basically, a Chapter 7 bankruptcy means that after you qualify for your various exemptions, your income and available property are not enough to cover your debts.
Chapter 7 has a significant impact upon your credit for many years, but if you have found yourself deep in debt and you have no where to turn, a bankruptcy may be what you need to start getting your financial future back on track. It offers you a clean slate from which you can begin to build your credit again.
If you have found yourself in this situation and you need to talk to a Boise Bankrutpcy Attorney, give us a call, (208) 472-2383 and see what can do for you.
As Boise Bankruptcy Attorneys, we often get calls form people wondering what all the Chapters of Bankruptcy are and what chapter they might qualify for. There are many forms of bankruptcy ranging from simple to complex. Basic bankruptcy is often refered to Chapter 7. Federal law has codified the various chapters of bankruptcy and the code section refering to "discharge" is Chapter 7. There are other forms as well, such as business bankruptcy, often called reorganization, farm bankruptcy and Chapter 13 or repayment bankruptcy.
To qualify for Chapter 7 bankruptcy you first must meet a means test. This looks at your income and determines whether or not you can repay your debts. If your income falls below the codified level for the number of people in your family you can proceed with Chapter 7. If your income exceeds the codified level you do not qualify and your only recourse is Chapter 13.
Once it has been determined that you qualify for Chapter 7, you must make an accounting of all your property. Certain property is exempt, or at least partially exempt. For example, you have what is known as a homestead exemption which exempts $100,000 of value from your home. The exempt property is protected from collection by your creditors.
Most debts are dischargeable including medical bills and credit card bills. Some debts however, such as student loans, are not dischargeable. Once you have made an accounting of your debts you will go before the bankruptcy trustee for a debtors examination. The trustee will question you about your debts and determine if you have given them a complete list of your debts. The trustee is paid a minimal statutory fee for the examination. If, however, they are able to uncover debts which you have omitted, they receive a percentage of the value of the revealed debt. This gives them incentive to look long and hard at what you have reported. You can also be penalized for omitting debts. The bankruptcy judge can deny your petition for bankruptcy so it is in your best interest to be thorough in your accounting.
Chapter 7 bankrutpcy is known as a discharge because once you have gone through the steps all your non-exempt debts are absolved. Basically, a Chapter 7 bankruptcy means that after you qualify for your various exemptions, your income and available property are not enough to cover your debts.
Chapter 7 has a significant impact upon your credit for many years, but if you have found yourself deep in debt and you have no where to turn, a bankruptcy may be what you need to start getting your financial future back on track. It offers you a clean slate from which you can begin to build your credit again.
If you have found yourself in this situation and you need to talk to a Boise Bankrutpcy Attorney, give us a call, (208) 472-2383 and see what can do for you.
Thursday, September 29, 2011
Boise Idaho DUI Lawyers - Criminal Defense Attorneys (208) 472-2383
What is a DUI? Many people think that the crime of driving under the influence refers only to drunk driving. DUI in Idaho used to be called a DWI or driving while intoxicated. This denotation was changed to encompass what the law really covered. DUI is driving under the influence of alcohol, drugs or other intoxicating substance.
To legally operate a motor vehicle in Idaho, there can be no more than .08% alcohol in your blood stream (BAC). Depending upon your size this generally translates into 1-2 drinks over a one hour period. There is no legal limit of drugs or other intoxicating substances in your system. What this means, for example, is if you have smoked marijuana and you are pulled over on suspicion of a DUI, you will be found to have been driving under the influence if your blood tests positive for marijuana, regardless of when or how much you smoked. In regard to other intoxicating substances, such as cough syrup or prescription drugs, there is also no legal limit. This is not to say that you cannot operate a motor vehicle with these in your blood stream, but if there is a quantity in your blood stream such that your ability to operate a motor vehicle is impaired, then you can be charged with a DUI. The police would apply the same field sobriety test they use in a drunk driving stop to determine the extent of your impairment.
Of course, with all DUI stops the police must have probable cause to pull you over in the first place. This probable cause can range from failing to signal, failing to turn your lights on or weaving. With the first two the police may simply be doing a routine traffic stop for a moving violation, but if at that time you appear drunk, stoned or otherwise impaired, they can request that you submit to a field sobriety test.
If your BAC is below .08% or if the amount of prescription or over the counter drugs in your system do not rise to the level of "intoxication", you can still be charged with reckless driving if you exhibited poor driving and that was the reason for the original traffic stop.
If you have been charged with a DUI or reckless driving and need to speak to a Boise Criminal Defense Attorney, please give us a call and see what we can do for you. Call now, (208) 472-2383.
Boise Idaho DUI Lawyers - Criminal Defense Attorneys - Criminal Law
To legally operate a motor vehicle in Idaho, there can be no more than .08% alcohol in your blood stream (BAC). Depending upon your size this generally translates into 1-2 drinks over a one hour period. There is no legal limit of drugs or other intoxicating substances in your system. What this means, for example, is if you have smoked marijuana and you are pulled over on suspicion of a DUI, you will be found to have been driving under the influence if your blood tests positive for marijuana, regardless of when or how much you smoked. In regard to other intoxicating substances, such as cough syrup or prescription drugs, there is also no legal limit. This is not to say that you cannot operate a motor vehicle with these in your blood stream, but if there is a quantity in your blood stream such that your ability to operate a motor vehicle is impaired, then you can be charged with a DUI. The police would apply the same field sobriety test they use in a drunk driving stop to determine the extent of your impairment.
Of course, with all DUI stops the police must have probable cause to pull you over in the first place. This probable cause can range from failing to signal, failing to turn your lights on or weaving. With the first two the police may simply be doing a routine traffic stop for a moving violation, but if at that time you appear drunk, stoned or otherwise impaired, they can request that you submit to a field sobriety test.
If your BAC is below .08% or if the amount of prescription or over the counter drugs in your system do not rise to the level of "intoxication", you can still be charged with reckless driving if you exhibited poor driving and that was the reason for the original traffic stop.
If you have been charged with a DUI or reckless driving and need to speak to a Boise Criminal Defense Attorney, please give us a call and see what we can do for you. Call now, (208) 472-2383.
Boise Idaho DUI Lawyers - Criminal Defense Attorneys - Criminal Law
Tuesday, September 20, 2011
Boise Idaho Personal Injury Lawyers - Workers Comp Attorneys
What's the difference between a personal injury and a workers comp claim?
This is a common question. Most every employer in the state of Idaho is required to carry workers comp insurance. If you are hurt on the job, the workers comp laws of Idaho ensure that there is coverage for you. Personal injury, on the other hand, occurs when you are injured by someone other than your employer. In a personal injury law suit you file a civil claim against the party who has injured you. They may or may not have insurance that will cover your damages.
When you are injured on the job it is critical that your report your injury immediately to both the Idaho Industrial Commission and your employer. If you do not report your injury within 60 days you can lose all your benefits. Another difference between personal injury and workers comp is who covers the bills associated with your injury. In a personal injury you are personally responsible for paying your medical bills and then trying to collect the cost from the party who injured you. With workers comp, your bills are sent directly to and covered by (all reasonable and necessary bills) the insurance carrier.
Another difference between personal injury and workers comp is coverage of lost wages. If you are injured in an accident not related to work and you file all the appropriate paperwork, you will be entitled to time-loss benefits which is compensation for lost wages if you are off the job for more than five days. You also may qualify for temporary total disability benefits if you doctor confirms that you cannot work. These benefits last until you have recovered to the maximum degree of recovery and are released by your doctor to work again. If you are not completely temporarily disabled, you may qualify for temporary partial disability benefits. In a personal injury law suit, if you miss work and are temporarily or permanently disabled, you won't collect any payment until you have settled with the insurance company or received and collected on a judgement against the party that injured you.
Death benefits are also provided by workers comp. In general, your spouse will receive 500 weeks of death benefits. This can change, however, if your spouse remarries. In addition, your children, up to 3 total, will receive benefits until they turn 18. Again, with personal injury, there is no guaranteed coverage for death benefits. Any money you receive to compensate your loved ones will only come from a settlement with the insurance company or a judgment when you win the personal injury law suit.
So if workers comp sounds so good, why would you ever need a workers comp attorney? You may ultimately decide what the Idaho Industrial Commission determines is reasonable and necessary or a full benefit does not actually meet your expectations, your out of pocket expenses or is commiserate with your injuries. For workers comp cases in Idaho you are not allowed to file suit in civil court, like you would with a personal injury case. For workers comp you have to file an appeal and have a formal hearing. Prior to going to the formal hearing you may also want to go through mediation. Mediation is non-binding upon you so if you still don't feel like you are getting what you deserve you can request a formal hearing. Workers comp attorneys assist you in these matters. They present your case before the formal hearing board or negotiate with the Industrial Commission lawyers during mediation. If mediation doesn't work for you The Idaho Industrial Commission lawyers and your workers comp attorney or attorneys will have a binding legal hearing to determine what your benefits should be.
There is one situation where your injury may be taken to a civil court. If you are injured at work but a third party is involved, in addition to filing for benefits under the workers comp laws of Idaho for the amount of the injury caused by your employer, you can sue the third party for the injury or the amount of the injury they caused.
If you have been injured on the job and need to speak to a Boise Workers Comp Attorney, please give us a call, (208) 472-2383. We offer a free consultation. Give us a call and see what we can do for you.
This is a common question. Most every employer in the state of Idaho is required to carry workers comp insurance. If you are hurt on the job, the workers comp laws of Idaho ensure that there is coverage for you. Personal injury, on the other hand, occurs when you are injured by someone other than your employer. In a personal injury law suit you file a civil claim against the party who has injured you. They may or may not have insurance that will cover your damages.
When you are injured on the job it is critical that your report your injury immediately to both the Idaho Industrial Commission and your employer. If you do not report your injury within 60 days you can lose all your benefits. Another difference between personal injury and workers comp is who covers the bills associated with your injury. In a personal injury you are personally responsible for paying your medical bills and then trying to collect the cost from the party who injured you. With workers comp, your bills are sent directly to and covered by (all reasonable and necessary bills) the insurance carrier.
Another difference between personal injury and workers comp is coverage of lost wages. If you are injured in an accident not related to work and you file all the appropriate paperwork, you will be entitled to time-loss benefits which is compensation for lost wages if you are off the job for more than five days. You also may qualify for temporary total disability benefits if you doctor confirms that you cannot work. These benefits last until you have recovered to the maximum degree of recovery and are released by your doctor to work again. If you are not completely temporarily disabled, you may qualify for temporary partial disability benefits. In a personal injury law suit, if you miss work and are temporarily or permanently disabled, you won't collect any payment until you have settled with the insurance company or received and collected on a judgement against the party that injured you.
Death benefits are also provided by workers comp. In general, your spouse will receive 500 weeks of death benefits. This can change, however, if your spouse remarries. In addition, your children, up to 3 total, will receive benefits until they turn 18. Again, with personal injury, there is no guaranteed coverage for death benefits. Any money you receive to compensate your loved ones will only come from a settlement with the insurance company or a judgment when you win the personal injury law suit.
So if workers comp sounds so good, why would you ever need a workers comp attorney? You may ultimately decide what the Idaho Industrial Commission determines is reasonable and necessary or a full benefit does not actually meet your expectations, your out of pocket expenses or is commiserate with your injuries. For workers comp cases in Idaho you are not allowed to file suit in civil court, like you would with a personal injury case. For workers comp you have to file an appeal and have a formal hearing. Prior to going to the formal hearing you may also want to go through mediation. Mediation is non-binding upon you so if you still don't feel like you are getting what you deserve you can request a formal hearing. Workers comp attorneys assist you in these matters. They present your case before the formal hearing board or negotiate with the Industrial Commission lawyers during mediation. If mediation doesn't work for you The Idaho Industrial Commission lawyers and your workers comp attorney or attorneys will have a binding legal hearing to determine what your benefits should be.
There is one situation where your injury may be taken to a civil court. If you are injured at work but a third party is involved, in addition to filing for benefits under the workers comp laws of Idaho for the amount of the injury caused by your employer, you can sue the third party for the injury or the amount of the injury they caused.
If you have been injured on the job and need to speak to a Boise Workers Comp Attorney, please give us a call, (208) 472-2383. We offer a free consultation. Give us a call and see what we can do for you.
Tuesday, September 13, 2011
Boise Idaho Divoce Lawyers - Family Law Attorneys - (208) 472-2383
Divorce can get ugly. As a Boise Divorce Attorney I have seen some really unsavory divorce and custody actions. It is my job as a divorce lawyer to try to help you to go through the process without high conflict. This isn't always possible. It depends to a great deal upon the individuals, the degree of animus and the level of maturity of the parties. However, as many Boise Divorce Attorneys will attest, there are a few things that you, as an individual, can do to help your divorce go smoothly.
One of the biggest areas of conflict in divorce and custody actions has to do with a new partner, spouse or significant other. Keeping your divorce issues and your custody issues between you, your soon-to-be ex partner and your lawyers is far better than including your new boyfriend or girlfriend in the mix.
Being timely for visitation drop off and pick up and being courteous about potential conflicts are other important elements in divorce. Often conflict begins here. The parties, because they are at odds, begin to use their children to get back at the other party. If someone is late for visitation drop off, the other party might use that against them or to claim they are not fit to be a parent. Divorce is very hard on children and no child deserves to be put in the middle of a custody dispute.
Being up front and honest with your soon-to-be ex and with the attorneys is also critical to the process and the outcome of a divorce. Incomes for child support calculations, use of community savings and care of community property are areas where people will often try to hide or fudge or somehow use to deceive the other party. You are obliged by law to be honest about your income and to care for the goods of the community. Lying about your income to decrease your child support obligation or destroying community property out of spite are sure ways to create a high conflict divorce. Just a note about child support. People often don't want to divulge their full incomes because they don't want the other party to get their money. Child support is just what it says it is. It is to support your child.
There is no guarantee that your divorce will go smoothly but using common sense and civility will go a long way in helping your divorce go quickly and with a low level of conflict. There are of course certain issues which may result in conflict. Your attorney knows how to manage these and it is far better to discuss these with your divorce lawyer rather than directly with the other party.
If you are seeking a divorce or custody and need to speak to a Boise Divorce Attorney, please call, (208) 472-2383,
One of the biggest areas of conflict in divorce and custody actions has to do with a new partner, spouse or significant other. Keeping your divorce issues and your custody issues between you, your soon-to-be ex partner and your lawyers is far better than including your new boyfriend or girlfriend in the mix.
Being timely for visitation drop off and pick up and being courteous about potential conflicts are other important elements in divorce. Often conflict begins here. The parties, because they are at odds, begin to use their children to get back at the other party. If someone is late for visitation drop off, the other party might use that against them or to claim they are not fit to be a parent. Divorce is very hard on children and no child deserves to be put in the middle of a custody dispute.
Being up front and honest with your soon-to-be ex and with the attorneys is also critical to the process and the outcome of a divorce. Incomes for child support calculations, use of community savings and care of community property are areas where people will often try to hide or fudge or somehow use to deceive the other party. You are obliged by law to be honest about your income and to care for the goods of the community. Lying about your income to decrease your child support obligation or destroying community property out of spite are sure ways to create a high conflict divorce. Just a note about child support. People often don't want to divulge their full incomes because they don't want the other party to get their money. Child support is just what it says it is. It is to support your child.
There is no guarantee that your divorce will go smoothly but using common sense and civility will go a long way in helping your divorce go quickly and with a low level of conflict. There are of course certain issues which may result in conflict. Your attorney knows how to manage these and it is far better to discuss these with your divorce lawyer rather than directly with the other party.
If you are seeking a divorce or custody and need to speak to a Boise Divorce Attorney, please call, (208) 472-2383,
Thursday, September 8, 2011
Boise Idaho Criminal Defense Lawyers - DUI Attorneys (208) 472-2383
It seems like there are more stories in the local newspaper about increases in arrests over holiday weekends. For Boise Criminal Lawyers this translates into an uptick in the number of calls associated with folks looking for a good criminal defense attorney. These holiday arrests don't just involve DUI. They often involve other crime.
I have frequently discussed how to avoid a DUI but today I would like to talk about a good way to avoid being arrested for the crime of possession of drugs or paraphernalia. As a Boise Criminal Defense Lawyer I regularly get calls from individuals who describe their arrest in detail. In a lot of situations something happens to initiate a traffic stop, such as a broken headlight or blinker. Contrary to popular belief, just because a person in in possession of marijuana or paraphernalia doesn't mean they are under the influence of marijuana. So often people are arrested for possession because of an underlying offense, such as a traffic violation. Here's the common scenario. You're driving along and the detestable red lights, which signal trouble, flash at you. The cop pulls you over, struts like a rooster to your window and snoops around a little bit. You might be nervous, you might be driving an old Duster, you might be wearing a Grateful Dead T-shirt or you might just want to get the heck out of Dodge, but whatever it is it signals the cop to think something might be going on. And then it happens. The cop asks if he or she can search you or your car. Just Say No! People often think they have to let the police search them. You do not. If they have not arrested you, they cannot search you without your permission or without a search warrant. Unless you have a rap sheet a mile long or you are really paranoid or aggressive, the police simply are not going to secure a search warrant on a simple traffic stop.
If the police search you, with your permission, then whatever they find is potentially admissible as evidence against you. The police know that if they don't have your permission to search you or the vehicle anything they find that is not in "plain sight" may be excluded.
This brings up a few important points. One, if you are pulled over and you know you have marijuana or paraphernalia on you don't say yes to a search. You do not have to. It might also be sensible to always say no, just in case you forgot about the pipe or roach in your pocket (this actually happens all the time). It is also an important if you have been arrested and the police searched you or your car without your permission and found incriminating evidence, make certain you tell your Boise Criminal Lawyer that this is how the evidence was obtained so that they can moved to have it excluded. An obvious but often overlooked point is, don't act guilty during a traffic stop. If you have been pulled over for a traffic violation, be agreeable and move on. Your attitude can wind up getting you busted.
The world of criminal law revolves around what evidence is admissible. You have to fully inform your Boise Criminal Lawyer of all the facts surrounding your arrest so that they can keep out any evidence that violates your rights.
If you have been arrested and need to speak to a Boise Criminal Lawyer, give us a call and see what we can do for you. Call now, (208) 472-2383.
I have frequently discussed how to avoid a DUI but today I would like to talk about a good way to avoid being arrested for the crime of possession of drugs or paraphernalia. As a Boise Criminal Defense Lawyer I regularly get calls from individuals who describe their arrest in detail. In a lot of situations something happens to initiate a traffic stop, such as a broken headlight or blinker. Contrary to popular belief, just because a person in in possession of marijuana or paraphernalia doesn't mean they are under the influence of marijuana. So often people are arrested for possession because of an underlying offense, such as a traffic violation. Here's the common scenario. You're driving along and the detestable red lights, which signal trouble, flash at you. The cop pulls you over, struts like a rooster to your window and snoops around a little bit. You might be nervous, you might be driving an old Duster, you might be wearing a Grateful Dead T-shirt or you might just want to get the heck out of Dodge, but whatever it is it signals the cop to think something might be going on. And then it happens. The cop asks if he or she can search you or your car. Just Say No! People often think they have to let the police search them. You do not. If they have not arrested you, they cannot search you without your permission or without a search warrant. Unless you have a rap sheet a mile long or you are really paranoid or aggressive, the police simply are not going to secure a search warrant on a simple traffic stop.
If the police search you, with your permission, then whatever they find is potentially admissible as evidence against you. The police know that if they don't have your permission to search you or the vehicle anything they find that is not in "plain sight" may be excluded.
This brings up a few important points. One, if you are pulled over and you know you have marijuana or paraphernalia on you don't say yes to a search. You do not have to. It might also be sensible to always say no, just in case you forgot about the pipe or roach in your pocket (this actually happens all the time). It is also an important if you have been arrested and the police searched you or your car without your permission and found incriminating evidence, make certain you tell your Boise Criminal Lawyer that this is how the evidence was obtained so that they can moved to have it excluded. An obvious but often overlooked point is, don't act guilty during a traffic stop. If you have been pulled over for a traffic violation, be agreeable and move on. Your attitude can wind up getting you busted.
The world of criminal law revolves around what evidence is admissible. You have to fully inform your Boise Criminal Lawyer of all the facts surrounding your arrest so that they can keep out any evidence that violates your rights.
If you have been arrested and need to speak to a Boise Criminal Lawyer, give us a call and see what we can do for you. Call now, (208) 472-2383.
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.
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.
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.
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 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.
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.
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.
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.
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