The Effect of a Felony or Misdemeanor Crime on Custody, Child Support and Spousal Support

The Effect of Crime on Custody and Support

I have had several calls lately about crime, specifically felony crime, in the divorce or custody context and how it effects custody, child support and even spousal support.  In general, people want to use another person's criminal record against them to limit visitation, reduce child support or increase or negate spousal support.

When and Why Would a Criminal Record Effect Custody?

The Idaho Code states that custody pursuant to divorce is to be determined as the court deems proper and necessary in the best interest of the child.  There are several factors the court will consider including whether or not there is domestic violence in the marriage and whether it occurred in the presence of the child and the character and the circumstances of all involved.

While the Idaho Code does not specifically state that a felony is to be construed against a party, there is plenty of case law outlining when a felony can and does effect child custody.  Also, there is plenty of case law showing when and how a particular misdemeanor can and will effect the outcome of a child custody placement.

In general, if the crime in question was something that could potentially negatively effect the child, it will be given serious consideration.  For example, if one party is convicted for manufacturing meth in their home, the court will weigh that heavily against the individual.  If the party has a conviction for forgery from before the child was born, the court will place less weight, if any, on the conviction.

Would the Conviction of a Felony Effect Child Support or Spousal Support?

In general, child support will not be effected by a felony or misdemeanor conviction in the sense that one's obligation would be increased or reduced because of the other party's criminal history. If a party is in prison or in jail due to a crime they have committed, they will not be relieved of their obligation either.

Likewise, spousal support will not be effected by one party's criminal background.  The point of spousal support is to provide material support for the spouse who has foregone their own ability to make a career in favor of tending to the home and children of the couple.  The thought is that the party who stayed at home was never given the opportunity to develop a career and a means of support and therefore because they provided for the community in that way, that until they can get to a point where they can make a decent living, the other party will continue to share a portion of their income with them.  This is no way is effected by one's criminal history.  People often like to use the example of their deadbeat ex who stayed at home and did drugs and they don't want to provide spousal support for them.  In this scenario, that person who stayed at home and did drugs is unlikely to be a good candidate for spousal support in the first place so the argument becomes moot.

When it comes down to it, the best question to ask is, "did the criminal behavior of the party create a situation that was dangerous or compromising to the children?"  If so, then it is a relevant point to bring up in court.  If the criminal behavior did not effect the children or even remotely concern them, there is a high likelihood a judge would not consider that as evidence to determine custody.

If you have any regarding divorce or custody and would like to speak with a Boise Divorce Attorney, please give us a call, 208-472-2383.  You will be glad you did.

Facebook and Divorce - How Can Facebook Evidence Be Used in Court

Divorce and Facebook Evidence 

I have discussed before the admissibility of Facebook evidence in Court.  What I mean by this is using Facebook post by your ex or soon to be ex against them as evidence when you go before an Idaho divorce judge.  As a Boise Divorce Attorney, I have myself used evidence to show questionable character of the other party such as lying, exaggeration or pulling one over on the court.  As the use of Facebook becomes more ubiquitous, the nature of the evidence and its admissibility may be questioned more by the court. 

Facebook Posts and Divorce

It dawned on me the other day that much of what is put on Facebook is what we call in the law, puffery. Puffery is a form of exaggeration; maybe not quite lying but putting forth an image that differs from reality.  I read an article about how the more time people spend surfing social media, the more likely they are to become depressed.  This depression stems from seeing their friends' wonderful, exciting lives.  Their friends are displaying their lives as this fascinating display of vacations, events, awards and so on. 

What does this Facebook puffery have to do with divorce or evidence in the divorce court?  To state the obvious from the view of a Boise Divorce Attorney, overuse of Facebook is a symptom which can lead to issues which can fuel an already failing marriage such as increasing the chance of infidelity or an preoccupied emotionally absent spouse.  The other issue divorce lawyers face is in light of the way people puff their posts, can any or all Facebook posts be used against the side?  An illustrative example might be the divorcing wife who claims that she spends all her time with the child and the husband does nothing but drink, go out to bars and party.  If I, as a divorce attorney, show Facebook posts of the wife drinking and partying does that really show her true character?  What if I show Facebook posts of the husband doing housework and playing with the child?  Does this contradict that evidence? 

Is Facebook Evidence a Smoking Gun?

I believe that while Facebook can provide a source of evidence, it is evidence which will require corroborating evidence to make it stand.  In other words, a Facebook post may or may not be sufficient evidence to establish custody in one party or another, show questionable character, perjury or anything else for that matter. 

If you are facing a divorce and need to speak with a Boise Divorce Attorney, give us a call and see what we can do for you, 208-472-2383.

Boise Divorce Attorney

Boise Divorce Attorney

As a Boise Divorce Attorney one of the most common issues I run into is helping my clients understand what my role as their divorce attorney. Divorce is a very emotionally charged process. Even in an uncontested divorce, people are emotionally disrupted. Let's face it, when you break up with your best friend or your passionate lover, you can and, most likely will be, devastated.

How Divorce Effects Your Emotions

 Divorce can have a huge impact on you as a person. It impacts your thoughts, feelings and your entire emotional well being. It can manifest itself in any number of ways. You may become depressed or angry. You may withdraw, retaliate or simply give up or in. 

If you think about how divorce can impact an adult, think of the effect it can have on children. Although kids are resilient, divorce can have a lasting negative impact on kids. Their future is literally in your hands. How children end up emotionally is hugely effected by how you parent during and after a divorce. 

The Role of the Divorce Attorney

Getting back to my original point is discussing my role as your divorce attorney. It is my job to manage your divorce. I counsel you regarding what is and what will happen in your case, I file the appropriate paperwork, I meet, negotiate and confer with the other attorney and I present your case to the judge. I also help you to best understand what is happening. This all makes sense and is in the scope of my role as your Boise Divorce Attorney. However, often times people want me to be more than their attorney. They look to me to fix their underlying problems, they want me to make the other party behave or worse, they want me to impoverish the other side or destroy any possibility of contact with the other side and their children. Obviously, if their are health or safety, welfare or financial issues, we would take the appropriate steps to preserve the welfare of the children and of the property, but generally these demands come from the emotional rollercoaster the parties are on. These are issues associated with feelings of loss of control and lashing out. I will tell you now, and I always tell my clients, that these psychological issues need to resolved or at least dealt with with a mental health professional. It really is a misuse of your money to pay your divorce lawyer to listen to your need to retaliate against the other side or to micromanage them. I regularly get calls from people wanting to tell me how the other side changed the password on their Facebook account or told their friend that they were something other than they are. Everyone needs someone to talk to especially when they are going through a divorce, but my best advice to you is make sure your intentions are good and you are making use of the proper professionals at the proper time.

If you need the help of a Boise Divorce Attorney, give us a call and see what we can do for you, 208-472-2383.

Boise Divorce Attorney

DUI in Idaho; What You Need to Know

Different Types of DUI in Idaho

As a Boise Criminal Attorney I frequently answer DUI questions.  One very popular question revolves around the different types of DUI and what they means as far as severity and penalty.  The severity of the charge and the penalty depends upon three main things: 1.  How many times have you gotten a DUI?, 2.  How much alcohol did you have in your system? 3. What were the circumstances surrounding your DUI?

When Does a  DUI become a Felony or How Serious is the Charge?
A standard DUI is a misdemeanor.  There are three situations, however, when drinking and driving becomes a felony.  If you receive 3 DUI's within 10 years, the third time will result in a felony charge.  An Aggravated is a felony and a second time excessive charge is also a felony.

The first is as simple as it sounds.  If you are charged with a DUI three times within 10 years, the third charge is a felony.  So what about the other two?  An aggravated DUI means that you caused serious bodily harm, disfigurement or death to another as a result of driving under the influence of alcohol.  It doesn't matter if you have never had a DUI before, if you hurt someone you will be charged with a felony.  An excessive DUI is when you have a blood alcohol content greater than a .20.  If you have at least one other DUI, and you are arrested with a BAC of .20 or greater, you will be charged with a felony.

Blood Alcohol Content

There are a few situations where blood alcohol content can effect the charge against you.  Obviously, the legal limit for alcohol in your system is .08.  This can be different depending upon different situations.  If you are a minor, an alcohol concentration of .02 will get you a DUI.  If you drive a commercial vehicle and are pulled over on suspicion of driving while intoxicated, an alcohol concentration of .04 will result in a DUI.

Circumstances Surrounding the DUI

As noted above there are certain circumstances which can effect the severity and the penalty for a DUI charge.  An aggravated DUI is caused by circumstances surrounding the DUI.  Those circumstances is the driver causing great bodily harm, death or disfigurement to an individual other than him or her self.  Also noted above are situations where the driver is a minor or a driver of a commercial vehicle.

An import circumstance to be noted, however, which is often overlooked is felony injury to a child. If you have a child in your vehicle and you are charged with driving under the influence you will also be charged with felony injury to a child even if the underlying DUI is a basic misdemeanor charge.

DUI is never a fun thing but there are situations that can make the charge worse.  Make sure you know what your risks are before you choose to drive.  If you have been charged with a DUI and you need a Boise DUI Lawyer, give us a call and see what we can do for you, 208-472-2383.

We also offer representation for family and divorce law.  Call today for your free consultation.

Child Endangerment - What it Means to Get a DUI When You Have Your Kids in the Car - Boise Criminal Attorney

What seems to be a fairly new phenomenon is popping up all over the headlines.  Child endangerment. It's not endangering a child that is new, it's just the circumstances surrounding it.  Many parents don't know that you cannot drink and drive with a child in the car and if you do you will be in serious trouble.

It is not unusual to hear about people who go out to dinner or over to friends' houses and have a few drinks. No biggie, right? Wrong.  If you are pulled over and impaired not only will you be cited for DUI, who will be cited for Child Endangerment and you will need to hire a Boise Criminal Attorney. Another situation that seems to be a new phenomenon or at least seems to be gaining traction in the news headlines is women driving while intoxicated with their kids in the car.  Many have heard of the latest series of child endangerment cases involving mothers driving drunk with their kids in the car. 

The law stems from an Idaho Code section which adds additional charges to your DUI if you have kids in the car.  The reasoning behind the law is that you have placed individuals who are incapable of making important legal decisions in a circumstance where they can be seriously hurt or killed.  It is different if you are driving with an adult.  The logic is that an adult should have the ability to say "No, I won't drive in a car with an intoxicated person", and if they do, it is a choice they made themselves.

Driving while intoxicated with kids in the car has is a serious problem and worsening over time.  Between 1985-1996 of the children killed in drinking and driving related accidents 64% were killed as passengers in their impaired parent's car.  That number increased between 1997-2002 to 68%.  Despite these statistics, not all states have child endangerment laws involving  DUI.

Idaho, however, does have a child endangerment law.  Although many individuals do not know it, driving with kids in the car while under the influence is a serious crime.  Whether you learn it here or after the fact from the news, you need to know it is a serious crime.

If you have been charged with a DUI or with child endangerment and you need an Idaho Criminal Lawyer, give us a call, 208-472-2383.  You will be glad you did.

Recreational Marijuana Sales in Washington - What Does it Mean to a Boise Criminal Lawyer

Marijuana Legalization - A View from a Boise Criminal Attorney

Like it or not, marijuana is legally for sale for recreational purposes in Washington beginning today.  Gone is the need for the medical marijuana card.  Gone is the need for the note from the doctor that shows the state that you have chronic pain and therefore qualify for medical marijuana.

Recreational pot use is good news for some.  However, many don't like it. Medical marijuana users, for example, are angry.  They no longer are in a "special" category.  Sure, they can buy pot without the doctor's note but the fact that so can everybody else makes them uneasy about supply.  The state of Washington has limited the amount of pot you can buy per day to 1 gram.  In part that limit is to curb use, but it also reflects that there technically could be a shortage.  The price also reflects that demand is high and supply is low. Others are angry because they still consider marijuana a gateway drug despite the fact that the number of "only" marijuana users (those who don't use any other elicit drugs) has "officially" risen to 38%.  This number increases greatly when you look at the 18-35 year old demographic.  It is not uncommon to hear about "Mommy's for Pot Legalization" or Friends and neighbors who swap babysitting so that the parents can get high without the kids around.  They in turn watch their friends' kids to return the favor.  What I am trying to say is that pot use is becoming common place whether it is labeled gateway drug or not, and it is being legalized whether anyone likes it or not.

Legalized Marijuana Possession - Effect in Idaho

What does legalized recreational pot mean for an Idaho Criminal Attorney?  In reality it may not mean anything different than what medical marijuana has.  Or, it may mean that with greater availability and access more people will feel more comfortable crossing the border, buying pot and returning to Idaho with it.  A user/client I have spoken to recently confessed that he would prefer to drive to Washington, buy the pot legally and return to Idaho illegally with it rather than buy the hooch on the streets, even though right now, street pot is less expensive.

Another consideration for a Boise Criminal Lawyer is sales within Idaho and what that does to an uptick in possession charges as well as drug trafficking charges.  Although the law in Washington states that you can only purchase 1 gram of pot per day, there is not tracking software in place.  While this seems ironic because the legalization of marijuana in Washington is heavily monitored, there is nothing to stop someone from shopping at different stores and stock piling pot.  Although it is currently expensive, one could foresee once supply has increased and the price decreases, stock piling of marijuana could be an entrepreneur's dream come true.

Quickly, another consideration; this time from Boise DUI Lawyers.  I always feel it is important to remind people that possession of marijuana, intent to deliver or possession of paraphernalia are not the only charges they need to be concerned about when it comes to marijuana use and possession.  The Idaho Code includes in the offense of DUI, being under the influence of drugs.  If you are stoned and operating a motor vehicle you can be charged with a DUI. It is distinctly possible that there may be more DUI charges in Idaho as a result of the legalization of recreational marijuana in Washington.  That, however, remains to be seen.

And one final consideration from the perspective of a Boise Divorce Attorney;  Often in divorce cases there are allegations of drug use.  These are used control or eliminate visitation rights.  For example, if one party claims there is drug use in the other party's home, a judge may order a pee test or a hair follicle test.  If they turn up positive the judge has grounds to suspend, reduce or otherwise alter the party's visitation rights.  But what happens if you visit, live, work or in Washington and while in Washington you use marijuana legally? Can the court penalize you if you didn't break any laws?  Will providing the court proof that you were in Washington change the outcome of a family law judge's decision in Idaho?  These are questions which remain to be seen.  It seems that legalized recreational pot use may not only affect criminal law but will also have an affect upon divorce law.

Can You Legally Possess and Use Pot in Idaho?

As a Boise Criminal Attorney I have gotten a few calls from folks wondering about legalized marijuana. They want to know, "if it is legal in Washington and I buy it there, isn't it then legal in Idaho?"  And the answer is "no".  Marijuana possession and use still remains illegal in Idaho.

Again, this is a case of like it or not.  All sorts of Constitutional Lawyers can debate the full faith and credit laws and get no where.  A judge in Idaho won't even consider a person with a medical marijuana card in possession of pot in Idaho a valid defense.  Federal law, in fact, still states that possession of marijuana is a crime even in Washington.  Suffice it to say this topic goes deeply into states' rights v. federal laws which I will save for another day.

If you need a Boise Criminal Lawyer or a Boise DUI Attorney, give us a call (208) 472-2383, and see what we can do for you.

Boise Criminal Attorneys - When to Turn Your Child In - 208-472-2383

Boise Criminal Lawyer and Juvenile Offenses

One of the more difficult areas of criminal law is juvenile law; not because the laws are more complex but because it can be a very emotional area of the law.  As a Boise Criminal Attorney I often counsel parents who are considering turning their children in or those who have already done so.  The behavior of the juveniles range from relatively minor offenses such as possession of a very small amount of marijuana or coming home drunk from a party to very dangerous and serious offenses like possession of large amounts of drugs like marijuana, meth or prescription drugs, DUI or sex related crimes.  Parents generally are very stressed out and need help dealing with the bad behavior of their children.  While I counsel them in the law, I always stress the importance of finding a mental health professional to help them with the emotional and psychological issues these kind of stressors create.  While I have a few professionals whom I may suggest to them, I always tell them they need to find the right professional for them.  A friend, a lawyer, any of the many web directories can all suggest the best mental health professional, but they need to find someone with whom they work well.

What Causes Juveniles to Engage in Crimes Such as Possession of Marijuana, DUI, Intent to Distribute or Sex Crimes?

As a Boise Criminal Attorney I often see these juvenile crimes through the eyes of a Boise Divorce Attorney not because these juveniles are availing themselves of a Boise Divorce Lawyers, but because divorce can create acting out issues for children and teens alike.  While children may manifest the stress of divorce by wetting the bed, extended crying at a parent's absence or acting out at school, juveniles often act out in more destructive ways.  This will often manifest itself in partying, possession of alcohol or possession of marijuana and paraphernalia.  Teens may also engage in activities which aren't exactly criminal in nature, but left unaddressed may become criminal; ditching school, untempered behavior and the like.

Not all juvenile behavior is the result of divorce, but some can be the result of the family law context.  For example, people may be having family law issues which create juvenile issues for teens.  A teen who is sexually abused by a step-parent or step-sibling may themselves become a sex offender.  Teens may run away and engage is prostitution.  Teens who see violence in the home or who are victims of violence in the home may become abusers themselves.

There also is a certain amount of "normal" teen acting out which may get out of hand and become criminal in nature.  Further down this spectrum is when you have a "normal" family but there is conflict between the teen and one of the parents.  There can be jockeying for power or resentment at parental control.  If these situations are not handled carefully they can result in serious acting out leading to criminal behavior.

When do You Turn Your Child in to Law Enforcement?

This is perhaps the most difficult question to answer.  Psychologists tell me that tough love is the answer.  Cut your child off.  As a parent, myself, this seems beyond harsh.  Tough love proponents say the only way to get a kid to stop their destructive behavior is to let them hit rock bottom.  Helping them is only enabling them. The problem I have with this approach is you can set your child up to be embroiled in the legal system and once they are in there it can be difficult to extract them.  The other issue to consider is that you may set your child up to have one or more felony charges.  A felony charge never goes away.  They may be able to get a withheld judgment, but there is no guarantee of that especially if they have several felony charges.

So do you just let them keep destroying their life and yours?  Do you continue to enable them?  This is not what I am suggesting.  I think that availing yourself, your teen and your family to the help of mental help professionals really needs to be the first step, unless of course the teen is threatening or engaging in a crime that can cause serious bodily injury or death to themselves or another.  Having been a criminal attorney for over 20 years I have seen what the system can do and I have seen how mental health professionals can help prevent harm.

Take advantage of that free online directory and find a mental health professional to help you through this situation.  If you are more comfortable speaking with a Boise Criminal Attorney we would be happy to help you too.  What ever you choose, the choice has to be yours and should never be made in the heat of anger or frustration.  Your child's life is at stake.  It is understandable that you want to help them, but please take the time to consider the best way to help them.  Too many times parents come to me who have turned their child in.  They often say, "he is really a good kid", "she just hit a rough patch", "we decided to teach them a lesson" and bang they are entangled in the legal system.  Ultimately, however, you have to decide what is best for your child.

If you need to speak to a Boise Criminal Lawyer, give us a call, (208) 472-2383 and see what we can do for you.