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.

Boise Divorce Attorney 208-472-2383 Idaho Family Law Lawyers

Property Division in Divorce
As a Boise Divorce Attorney I hear from a lot of people who wonder how and why property is divided in divorce.  The general answer to this is that property pursuant to divorce is split according to Idaho community property laws.  If you are unfamiliar with the law this seems like a rhetorical answer and in fact, it really doesn't tell you much even if you have some understanding of the law.

Who Get's How Much in Divorce?
In today's discussion I am not going to focus too much on community property and what that entails.  For a more in depth discussion of that concept please visit www.lawboiseid.com.  What I want to discuss is the practical division of property in divorce.  I generally tell my clients that a judge will begin with the premise of a 50-50 split.  That figure is based upon community property concepts.  What happens after that division depends upon a lot of factors such as the concept of unequal but equitable division.  Basically, that's the concept that fair doesn't mean equal.  Your Boise Divorce Lawyer puts together the evidence you have in your case to help show the judge, or the other side if you are in negotiation, how 50-50 isn't necessarily fair. It is in this fashion that you may end up with an unequal split.  On the other hand, it may be the case that the judge sticks with the fairness concept of a 50-50 division.

Factors to Consider in Division of Property Pursuant to Divorce
While there is no general factor or set of factors that says that one activity leads to a reduction in assets taken pursuant to divorce there are general trends that can lead to an unequal division.  For example, if one party has contributed more to the community, prevented the other party from contributing to the community or by the nature of your relationship one party has had a greater economical contribution while the other party has taken care of the children, are all factors to consider and which can play out differently depending upon the facts of the case.  The concept that I am trying to convey is that even though the split of property pursuant to divorce in Idaho is based upon community property, each case has its individual set of facts and circumstances which can effect the outcome of the case.

If you have found yourself in need of a Boise Divorce Attorney, please give us a call and see what we can do for you, 208-472-2383.  You will be glad you did.

Holiday Visitation Schedule
It's that time of year again when I like to discuss holiday visitation.  As a Boise Divorce Attorney I spend a lot of time with my divorce clients reminding them to consult with their divorce decrees and custody arrangements so they know who has the kids this holiday season.  Inevitably, however, there are always glitches.

What the Divorce Decree Says
When I talk about glitches I mean anything from miscommunication to flat out disregard for the original custody order in the divorce decree.  No one should be in the dark about who has a child  for Thanksgiving or Christmas vacation.  The parties either agreed to dates in mediation or the judge ordered who would have what visitation.  Miscommunimcation happens when the parties think they have agreed to something other than what is in the decree.  The best way to prevent this is to keep any agreed upon changes in writing.  It can be very frustrating for someone to make plans and have those fall through because of confusion.

Far worse than miscommunication is flat out disobeying your court order.  The scenario is obvious; You are supposed to have the kids for Thanksgiving.  Your ex fails to meet for the exchange and instead takes the kids with them for their own Thanksgiving visitation and your ex denies you of your court ordered time. What can you do about it?  A lot of the depends upon when the vacation is supposed to start.  Even on emergency orders it is very difficult and rare to get into the court a day or two before Thanksgiving or Christmas. Usually, this is dealt with after the fact with contempt motions and orders.  While that does nothing for your immediate plans, the courts do not look kindly on contempt.

Visitation Before Divorce
A different situation occurs when your divorce has not yet been finalized.  Your divorce attorney will have moved for temporary orders and in those orders there will be information as to who has the children for what holidays.  Often the difference in temporary orders and a final order fall under taking the child out of the jurisdiction pending the divorce.  You may have Christmas vacation visitation, but you may not take your kids out of state without written approval by the other parent.  This differs from visitation after divorce. Generally, after divorce, within your visitation time you can take the kids with you out of state without the other party's approval as long as they are returned on time.

Whatever your holiday visitation schedule is, it is always best to follow what has been ordered by the court unless you get any change in writing and signed by both parties.  You can limit the involvement of the court and your Boise Divorce Attorney by doing this and thereby limit your out of pocket expenses.  Just a reminder;:  Double Check your holiday visitation schedule before you make plans and if you want to do something different talk to the other parent about any changes you would like to see.

If you are seeking a divorce or need to speak with a Boise Family Law Lawyer, give us a call, 208-472-2383 and see what we can do for you.  You will be glad you did.

Boise Divorce Attorney - 208-472-2383 - The Connection Between Family Law and Criminal Law

Divorce Law and Criminal Law - Unlikely Bed Fellows
As a Boise Divorce Attorney  I am often in both the divorce court and the criminal court.  To some people family law and criminal law seem like unlikely bed fellows.  Unfortunately, they can  and often are connected.

There are two main times in a family law case that criminal law a domestic law come into contact with one another.  The first connection is through contempt and the other is through domestic battery.  There are other situations that will bring the two together, but these two are the most common.

Contempt of Court in the Divorce Context and Criminal Charges
First, let's talk about contempt.  Contempt of Court occurs when someone intentionally disobeys a court order.  In the divorce or family law context that can happen when one party is ordered to something and they don't.  Common examples are failure to pay child support, failure to pay medical bills, failure to make a solid effort to refinance a community home.  Contempt can carry criminal charges with it.  If your ex-spouse fails to perform in a way the court has ordered your divorce attorney will file a motion for contempt.  Ultimately, it is up to the judge, but that motion can ask for criminal sanctions such as a fine or jail time.  Generally, however, the motion is filed and the filing of the motion is enough to get the other side to pony up the money they owe or to do what they were ordered to.  Sometimes, however, they simply can't pay the money that was owed, could not refinance the house or were not given the proper notice for their obligation to kick in.  These are justifying circumstances which the judge will consider in deciding what to do.

Domestic Battery as a Criminal Charge in Divorce
Another situation where criminal law and divorce law meet are in the case of domestic battery.  While battery is a criminal charge if the battery occurs within a domestic relationship it is handled in the family law court.  That does not mean, however, that it does not carry criminal sanctions.  It does and they are very serious sanctions.  If a domestic battery is found to have occurred, the perpetrator will be ordered to stay away from the victim and if they don't they can be arrested and sanctions will be brought against them.

If you have found yourself in a situation where you need a divorce attorney, a criminal lawyer or both, give us a call, 208-472-2383 and see what we can do for you - You will be glad you did.

The Link Between Divorce and Bankruptcy - Boise Divorce Attorney - Idaho Bankruptcy Lawyer 208-472-2383

Divorce and Bankruptcy

As a Boise Divorce Attorney and Idaho Bankruptcy Lawyer I field numerous questions about the effect of bankruptcy on divorce and visa versa.  Probably the most common question I receive has to do with the timing of bankruptcy.  People want to know if they should file for bankruptcy before or after divorce.  There are a few things which must be considered when answering this question.

Community Property and Debt in Idaho
Idaho is a community property state.  It follows, therefore that it is also a community debt state.  If you are considering filing bankruptcy before, during or after divorce, you must consider the effect of community debt on your bankruptcy.

The debt you incur during a marriage is a community debt (with a few exceptions which won't be discussed here today).  If one party files for bankruptcy before divorce, they will include all the community debt in the petition.  If the bankruptcy is accepted by the court, the debt is discharged as to that individual, but not to the other member of the community.  This potentially leaves the non-filing party with the complete responsibility of all the debt.  It general, it is always best for a couple to file bankruptcy together so that all the dischargeable debt is discharged for both parties.

Bankruptcy After Divorce
Another twist pops up when you file for bankruptcy after divorce.  When you split the community debt with each party taking a certain split of what is owing, that technically does not leave the other party free from those debts.  They are still community debts but the responsibility is just assigned to one party or the other. If the party assigned the debt fails to pay there are legal avenues to get a judgment against them or order them to pay.  If one party files for bankruptcy after the divorce and the non-filing party will still be responsible for the debt split in the divorce.

Yet another complication is when an individual files for bankruptcy after a divorce and fails to include all the community debt.  Sometimes people think they just need to include the debt they were assigned in the divorce.  In all likelihood, however, the trustee in bankruptcy will discover this over site and require the petition to be amended to include all the debt.

If you are seeking a divorce and need to speak to a Boise Divorce Attorney or you are filing bankruptcy and need to speak to a Boise Bankruptcy Lawyer, give us a call, 208-472-2383 and see what we can do for you.  You will be glad you did.

Boise Divorce Attorney - Family Law Lawyers - 208-472-2383

The Role of a Divorce Lawyer
As a Boise Divorce Attorney, I routinely provide divorce services to my clients.  But, what does it mean to provide divorce services?  What is the role of a divorce lawyer?  I pose this question because a divorce is a very complex thing.  There are the legal aspects and then there are the social, emotional and potentially spiritual aspects to it.

What a Divorce Lawyer Does
As a Family Law Lawyer, I initiate or respond to a divorce.  I help clients make determinations as to how and why property should be divided.  I help clients understand custody, determine the best custody situation, establish child support amounts.  I negotiate with the other side to get the best settlement for my client.  I file motions, responses, temporary orders, briefs and final orders with the court in support of my client.  I argue before the judge my client's case.  My role is to take the client through the loops and the hoops of the law.

To a degree I also must counsel my clients.  Divorce is a very emotional occurrence; something people don't go through personally everyday.  I see the effects on people daily and I see what pours fuel on a fire and what helps to make things go smoothly.  However, I also always tell my clients that there are many resources out there for counseling and counselors who are best equipped to help them emotionally, spiritually and socially.

Emotional, Social and Spiritual Support Before, During and After Divorce
Just as a legal professional can make your divorce go smoothly and have the best outcome for you, a professional counselor can go a long way helping someone through a divorce.  Long after your divorce is completed, you will continue to suffer the effects of divorce and will continue to need support.  They don't call marriage a life decision for nothing and the end of a marriage has life long consequences, especially if you have children.

While a court will order mediation and a court will order child support and a court will order custody, a court doesn't order you to take care of yourself.  Professional counseling will help you do that.  If you are struggling through your divorce, avail yourself of the resources available to you.  Understanding what the professionals you have employed in your life can do for you can help you make the best of your situation.

If you are seeking a divorce and need to speak to a Boise Divorce Attorney, give us a call and see what we can do for you, 208-472-2383.  You will be glad you did.

Boise Divorce Attorney 208-472-2383

Divorce in Idaho

As a Boise Divorce Attorney I see a whole range of divorce cases.  Some settle very amicably while others are knock down drag out lengthy court battles.  Today, I will focus on those cases where the divorce settles quickly, but specifically in regard to mutually agreed upon terms.

Default Divorce

You can have a divorce that settles quickly in a couple of ways.  One way is to have a default divorce.  In a default divorce, one party files a complaint outlining exactly what the terms of the divorce should be.  The other party is served with the papers.  Ordinarily in divorce, you must file an answer and if you don't the other party can take exactly what they asked for by default.  If you and your spouse agree to all the terms this is a very quick way to get divorced.  Inevitably, however, someone will change their mind and decide the terms are not fair.  The case can proceed and changes can be made simply by the other party filing an answer within 20 days of receiving the divorce complaint.

Property Settlement Agreements in Divorce

The Idaho Family Law Courts see thousands of divorces a year.  Many will start out very contentiously, however, many often settle because the courts really push mediation to help divorcing couples resolve their issues.  One way to put your agreement on the record is to create a property settlement agreement.  This is basically a contract between the two parties agreeing to the terms and conditions of the divorce.  It is a very effective tool to settle divorce issues.

One caveat, however.  It is critical to ask the court to retain jurisdiction over the case in the property settlement agreement.  If you don't, then when a party fails to comply with the terms or there has been a substantial and material change of circumstance, the court no longer has jurisdiction to hear the case or make changes.  If you want to enforce the agreement, you must start a new case to get a judgment against the other party.

If you are seeking a divorce and need to speak to a Boise Divorce Attorney, give us a call, 208-472-2383, you will be glad you did.