Sunday, February 27, 2011

Boise Divorce Attorneys and Military Deployment

Boise Divorce Attorneys are often asked the question of what happens to custody and visitation when one parent is in the military and is deployed. There first concern tends to be that they will lose their visitation or custody rights established by the Idaho Court.

Military personnel are protected in a variety of ways in Idaho when it comes to divorce, custody and visitation. The policy behind this is that they are serving our country and defending us at home and therefore they should not have their rights compromised when they are deployed.

As a Boise Divorce Attorney I often suggest to my clients that if they are deployed that they execute a power of attorney and delegate their visitation rights to a party of their choosing. A power of attorney for a military visitation is good for three years. I suggest that the power of attorney be designated to someone like the grandparents or a new spouse, particularly if there are step-siblings with whom they would like their child to continue developing a relationship with.

Custody lawyers can present a motion to the court that custody be temporarily placed with the non-deployed party, with the understanding that once the other party returns from active duty that they will abide by the original custody and visitation schedule. This would be an option if the party felt like their visitation would be best placed with the other parent.

Using a power of attorney to delegate your visitation rights prevents the need for modification. This is not to say, however, that the party on the other side of the custody issue won't motion for modification and ask their lawyer to present evidence showing how it would be in the best interest of the child for them to remain with the non-deployed party while the other parent is deployed. In Idaho, however, Boise Divorce Attorneys can tell you the law will place a preference for the visitation rights of a military parent to be delegated through power of attorney.

As a custody lawyer in Boise, I have seen the use of these powers of attorney increase as active military personnel are repeatedly deployed. It is one option to help prevent a major disruption in the child's routine.

If you need to speak to a Boise Divorce Attorney, please call (208) 472-2383

Friday, February 25, 2011

Boise Divorce Attorneys and Mediation

Boise Divorce Attorneys will tell you that in most divorce cases in Idaho their clients are ordered to mediation. Judges in Boise routinely order mediation of outstanding custody and visitation issues. Boise Divorce Attorneys can also tell you that their clients often balk at having to attend mediation. There is a cost involved as well as time. Some parties are unhappy if the mediator is a woman, others are unhappy if the mediator is a man.

Many people see mediation as a hassle and unnecessary. Divorce lawyers, however, will tell you that mediation has its place in divorce and custody cases. Mediation can allow the parties to work out a custody and visitation schedule that works for them. If the parties can agree, and that is often the difficult part, they can decide for themselves who will have the child and when. If the parties do not come to an agreement during the mediation, their custody attorneys will argue each of their sides in court at trial. Each attorney will put forward why custody placed with their client is in the best interest of the child. The judge will listen to each lawyer and make a decision based upon a whole lot of evidence.

Now, while one party may "win", the question remains whether or not the court ordered visitation and custody schedule makes the best sense for the child and the parents. The standard alternating weekends and long summer vacation is not necessarily a convenient custody and visitation schedule. Or, you might find that alternating week on, week off is too disruptive.

Mediation may or may not work for you, but as a Boise Divorce Attorney I suggest to all my clients that they give it a good shot. It can be helpful and it most often makes the best sense for you and your ex to decide custody and visitation schedules instead of a judge. If the parties decide, there is often less need for modification because the decision is based upon their schedules not upon what the judge thinks will work.

If you need to speak with a Boise Divorce Attorney, please call (208) 472-2383

Wednesday, February 23, 2011

Boise DUI Lawyer Discusses Felony DUI and Personal Injury

Today's paper outlined a felony DUI accident which occurred in Boise on Tuesday. The driver blew a .224 and had a previous DUI in 2009. She was also cited for DWP. She was charged with a felony DUI because this is her second DUI within 5 years and she had a BAC of greater than .2. A BAC of .2 or greater is considered an excessive DUI. She undoubtedly lost her driving privileges as a result of her 2009 DUI conviction and, because she was driving on a suspended license, was charged also with a DWP.

What penalty is she potentially facing? A second time excessive DUI is a felony and carries a mandatory minimum of 30 days in jail but up to 5 years in prison. The person convicted of a felony DUI can also be fined up to $5,000 and be required to use a motor vehicle equipped with functioning ignition interlock system. In addition they must surrender their license and it will be suspended for a minimum of 1 year but no more than 5 years beginning upon their release from incarceration.

In addition to the DUI penalty she faces additional criminal penalties associated with the DWP. DWP carries a penalty of up to 6 months in jail, but with a mandatory minimum of 2 days, up to a $1,000 fine, and an additional license suspension of 6 months tacked onto the original suspension and beginning once the original suspension would have been ended.

This is a tough penalty but as a Boise lawyer I can tell you that if the driver she hit suffered a personal injury, in addition to felony criminal charges, she also could be sued for any personal injury surrounding the automobile accident.

Personal injury is a civil liability case but a Personal injury attorney can use the evidence of the DUI against the driver. Personal injury lawyers use evidence offered in DUI convictions to show that the automobile accident occurred as a result of DUI. The state's lawyers, the prosecuting attorneys, use the evidence collected by the police to convict a person of a DUI, whereas personal injury attorneys use the evidence to get a civil judgment.

Monday, February 21, 2011

Boise Divorce Attorneys and Evidence in Divorce and Custody Cases

Having practiced law in Idaho for almost 18 years as a Boise Divorce Attorney I have seen many trend changes in divorce and custody law. One example of this is evidence in divorce or custody trials. Although all evidence is based upon relevancy, any lawyer can tell you that where evidence comes from and what evidence is acceptable has changed.

Facebook has become a popular trend for social networking over the past few years. Facebook has also become a hotbed for divorce and custody evidence. People will post comments about their soon-to-be ex's, things they did to hurt them or the community, such as destroying or selling off property, or how they interfered with a custody transfer. Divorce lawyers can tell you that the courts in Idaho are allowing this in as credible evidence.

My caveat to you, as a Boise Divorce Attorney is to be careful about what you post on facebook. It could come back to haunt you.

If you are seeking a divorce or custody and need to speak to a Boise Divorce Attorney, please call (208) 472-2383.

Friday, February 18, 2011

Boise DUI Lawyers Keep Close Watch on Senate Bill 61

Changes in Idaho Law are on the horizon for Boise Criminal Lawyers and for those charged with DUI. Yesterday in Boise, the Idaho State Senate returned Senate Bill 61 to the Idaho House of Representatives. The Bill was proposed to amend Idaho Code 18-8002(4)(a) which outlines the penalty if an individual who refuses to take a breathalyzer test after a DUI stop. Currently the Idaho Code section states that if you are stopped on suspicion of a DUI and you refuse to blow the arresting officer is to immediately take your license and issue a temporary paper license. The temporary license is only valid until you have an administrative hearing about your refusal to blow on the DUI stop. If you fail to request the hearing or are found to be unjustified in your refusal to blow, your license is suspended by the Idaho Department of Transportation.

The amendment was proposed for administrative purposes. Currently, the arresting officer on a DUI must take the license, issues a paper license, get the license to the proper place to store the license and have the appropriate paper work so that the license can be returned at the appropriate time. This causes a questionable loophole if the officer fails to take the license at the time of the DUI stop as well as creates a license custody headache and unnecessary expense managing the actual physical suspended licenses. The amendment would remove the necessity of the arresting officer to take physical control of the actual license on a DUI stop. The person pulled over on suspicion of DUI would still have their license suspended but it would remove the administrative removal and subsequent paperwork involved.

The Senate Bill was returned to the House for clarification but it is likely to be passed in the next few days.

If you have been arrested on DUI charges and need to speak with a Boise DUI Lawyer, please call (208) 472-2383

Thursday, February 17, 2011

Boise Small Business Attorney

Today's business section of the newspaper featured a small business start up that went from a small business to a huge business in a little over two years. Last year Groupon, went from offering group coupon discounts in 35 states to running a business that has 50 million subscribers in 41 countries around the world.

The basic idea behind Groupon is that small business and large business in local areas can subscribe to Groupon. The company features a special each day based, most often, on local business. Groupon promotes it and takes a cut, but it drives business to local small business as well as bigger business. Recently, they offered a $20 Barnes and Noble gift card for $10. In a few days Groupon sold 700,000 vouchers driving $350,000 to Barnes and Noble.

Groupon may be facing challenges depending upon what type of business formation plan they started with. When you go from running a small business to a large one so quickly you need to make certain you have a business plan in place. A plan that will cover employees, employee relations, not to mention employee retirement plans, the best possible health insurance plans, as well as a whole host of other of operations strategies.

What Groupon's success points out is that small business is still the backbone of the American economy and perhaps small business, including small business in Idaho, will be what brings us out of the recession and back to work.

If you are interested in starting a small business in Boise or in Idaho and you need to speak to a small business attorney, please call (208) 472-2383

Wednesday, February 16, 2011

Boise Divorce Lawyers and Custody Issues

Boise Divorce Lawyers receives hundreds of calls each week revolving around divorce and custody issues. In previous posts I have discussed the frequent question of, "how do I get custody of my child?". In today's blog I am going to discuss facilitating smooth custody and visitation exchanges.

As a Boise Divorce Attorney the most frequent issues I see arise in this regard are untimely drop off or pick up, dispute as to who is picking the child up and what to do in these situations. In general, all divorce and custody cases have these issues but to varying degrees. Sometimes the parties are amenable enough with one another that they can easily work through these issues. Other times, however, it can cause a real strain for the parties and their divorce attorneys. So how do you deal with this?

I think it is an obvious statement that it is only fair and polite to be timely with drop off and pick up and if something arises that you should call ahead and inform the waiting party what has happened and what your expected time of arrival will be. Likewise, it is always best to have an agreed upon party to pick the child up instead of sending perhaps a new boyfriend or girlfriend which will cause undue stress. As a Boise Divorce Attorney I can tell you this is the best way to facilitate pick up and drop off but because of human nature it doesn't always work this way. Sometimes the divorce lawyers can work with each other and help the parties coordinate the exchange issues other times the courts have to be involved.

Divorce and custody is a stressful and emotional time for all parties involved. As a Boise Divorce Attorney part of my job is to help you understand what the issues are and to help you work through them.

If you need to speak with a Boise Divorce Attorney or have divorce and custody issues please call, (208) 472-2383.

Tuesday, February 15, 2011

Boise Criminal Lawyer Talks About Drug Possession in the News

Today's headlines echo the calls I get concerning drug possession charges in Idaho. Three individuals were charged with possession of a controlled substance with the intent to deliver. Three young adults were pulled over in Boise after stopping their car abruptly in the intersection at Franklin and Curtis roads on Sunday morning. The Boise police officer smelled marijuana and called in a K9 unit. The dog sniff searched the car and found 143 Ecstasy pills under the gear shift lever.

As a Boise Criminal Lawyer I often get calls from people facing similar situations. Their first concern is getting out of jailed quickly followed by questions about the penalty for possession of a control substance with the intent to deliver.

Criminal lawyers can tell you that the penalty varies depending upon the prosecuting attorney, the state's lawyer, the circumstances (such as priors), character of the criminal defendant, the judge and ultimately what evidence the state's lawyers have. The penalty for this type of possession also depends upon what type of plea, if any the criminal defendant is willing to take.

Ecstasy is classified as a Schedule I controlled substance in Idaho. As a Boise Criminal Lawyer I can tell you the general penalty for this type of possession is outlined in Idaho Code 37-2732 (1). It is a felony and upon conviction you can be sentenced to prison, not to exceed life, up to a $25,000 fine or both. This is the gray area that I outlined above. What sentence you ultimately will have depends upon your criminal lawyer, the prosecuting attorney, the judge and you.

If you need to speak to a Boise Criminal Lawyer please call, (208) 472-2383.

Monday, February 14, 2011

Boise Divorce Attorneys Role in Domestic Violence Prevention

In today's paper there was an article about a domestic violence standoff over the weekend in Boise. As a Boise Divorce Attorney I often hear form people who find themselves in similar situations. The article outlined how a Boise woman was charged with aggravated assault and two counts of domestic violence. The Boise man was charged with violating a no-contact order and two counts of domestic violence.

Divorce lawyers often recommend that their client's file for a temporary restraining order in order to prevent domestic violence from happening. The case in the newspaper today outlines how restraining orders are not an absolute protection against domestic violence. Could something have been done differently? The newspaper article was not clear but from the view of a Boise divorce lawyer the outcome could have been different. When you have a no-contact order in place the party whom it is protecting can call the police if the other party breaks the no-contact order. It sounds as if the police were not called until after there was a confrontation.

If you need to speak to a Boise Divorce Attorney about a divorce or a domestic violence situation in Idaho, please call (208) 472-2383

Saturday, February 12, 2011

Boise Divorce Attorneys Role in Custody Matters

What role does a divorce lawyer play in a custody proceeding? The answer to that lies in what type of custody situation you are in. In Boise custody cases follow a fairly routine pattern. Once the divorce is initiated one attorney or the other, and at times both attorneys, will motion for temporary orders. Temporary orders are put into place to provide a consistent custody and visitation schedule during the divorce. Thereafter the parties are generally ordered to mediation.

While mediation can be difficult it can be a very helpful and meaningful exercise. If the parties can agree what custody and visitation schedule works best for them they are in control of their custody arrangement, rather than the lawyers arguing about what is best or the judge deciding for them. In this situation the role of a Boise divorce attorney is different than when mediation does not work. If it doesn't work, and sometimes it does not, the role of a Boise divorce lawyer shifts to preparing for trial.

Custody is determined by the best interest of the child. Divorce attorneys in Idaho will put forth the evidence which supports the best interest of the child. Sometimes, for their client that may be why they would make the best custodial parent. It could also be that their client wishes to have more or different visitation and a divorce lawyer would work with those facts to show how that is in the child's best interest.

Rarely are custody cases cut and dry and rarely are they the same from case to case. Because they differ, the role of divorce attorneys differs as well.

Friday, February 11, 2011

Boise Divorce Attorney Talks About Custody Differences Between Counties

As a Boise Divorce Attorney I often get calls from people wondering if it is better to bring a divorce and custody action in one county or another. First, let me say that your divorce and custody action has to be filed in the county where you reside. If, however, you have just moved say to Ada County from Canyon County and you still have property in Canyon County but also have property in Ada County and perhaps your children still reside in Canyon County, you are one of the few lucky ones who can choose in which county to file for divorce.

Divorce attorneys can tell you there are differences between counties when it comes to divorce and custody. Divorce in smaller counties is quicker simply because the case load is a lot less. Custody in Idaho is determined by the best interest of the child using and considering factors outlined in the Idaho Code. How these are applied differs between counties. In addition, some counties require that you undergo a home study. Some counties require that you go through mediation. It is the job of divorce lawyers to present the court with evidence that supports how their client meets the criteria for the best interest of the child. It is the judge's job to make the ultimate custody decision

If you need to speak to a Boise divorce lawyer please give us a call at (208) 472-2383

Thursday, February 10, 2011

Boise Divorce Attorney Discusses Divorce and Custody

As a Boise Divorce Attorney, I receive regular calls about divorce and custody in Idaho. Every divorce and custody case is different and each have their own unique set of facts. However, there are certain elements that are similar to all divorce and custody cases in Idaho.

One example which I see regularly as a Boise Divorce Lawyer is something known as temporary orders. Temporary orders regulate visitation and temporary custody during the divorce proceedings. Some people like to try to use temporary orders for posturing. Attorneys who practice divorce in Boise or in Idaho know, however, that judges don't like this. Lawyers who practice divorce law know that a judge will look at what is known as the status quo. The status quo is that which already exists. So, if you are a parent who regularly takes care of the child, or you have been separated and the child has been living with you and you have been taking care of the child's regular needs, a judge in Idaho will look at that as the status quo.

Because continuity is a huge factor in determining custody, temporary orders will most often emulate the status quo. The aim of any custody proceeding is the best interest of the child and because continuity and stability are in a child' best interest, the judge will not want to upset that unless there is good reason to do so.

Tuesday, February 8, 2011

Boise Criminal Lawyer Discusses Drug Court

As a Boise Criminal Lawyer I often hear from people wanting to know if they or their friends or family are eligible for drug court. Drug Court was established as an alternative sentencing for drug charges. You do not have a right to be admitted to drug court but you can be considered after you undergo a criminal assessment and a substance abuse assessment. You absolutely cannot be considered for Drug Court, however if you are charged, have been plead or have been found guilty of a violent crime or a felony crime where a deadly weapon or firearm was used. You also cannot be considered for Drug Court if you were charged, plead or found guilty of a felony attempt, intent to commit, or conspired to commit a sex crime.

Drug Court provides alternative sentencing in the fact that it provides for graduated sanctions and rewards, substance abuse treatment, court monitoring and supervision of progress, educational and/or vocational and any other requirement set forth by the Court.

Idaho Courts have acknowledged that the use of drugs in Idaho is a serious problem. Drug Court in Idaho was established to help reduce over crowding in jails and to help get treatment for those who use drugs. As a Boise Criminal Attorney I see it as a good opportunity for individuals to turn their lives around after they have been caught up using drugs and are convicted of drug charges.

Monday, February 7, 2011

Boise Divorce Attorney Discusses Domestic Violence

As a Boise Divorce Attorney I often hear from people in the divorce context who are in a situation involving domestic violence. Domestic violence is a crime in Idaho. I see domestic violence in the context of being a divorce lawyer but also in the context of being a criminal defense attorney.

If you are a victim of domestic violence it is very important to take steps immediately to prevent any further violence toward you or your children. If you are the victim of domestic violence and you are ready to file for divorce you can seek a restraining order right along with your divorce complaint. There are certain procedural requirements for a protection order. Initially it is a temporary order and the protection is given without the other side having an opportunity to appear in court. Because they don't have the opportunity to be heard before a restraining order is put in place they are given an expedited hearing so that they can be heard as soon as possible to tell their side of the story.

From a criminal defense lawyer perspective, I have seen restraining orders put in place for very good reason. I have also seen restraining orders be abused. In this context they are often abused out of spite or to gain an upper hand in a divorce proceeding. No one should ever cry wolf about domestic violence. Judges can see right through the attempt and it does not increase your chances of receiving custody of your children. To falsely accuse someone of domestic violence is making a victim of them. Domestic violence is not a joke.

If you are the victim of domestic violence you should seek help immediately. Let the law help you and protect you. If you are seeking a divorce make certain you inform your attorney about any domestic violence situations so that a protection order may be filed along with your divorce complaint.

Wednesday, February 2, 2011

Boise Criminal Attorney Discusses Larceny

As a Boise Criminal Attorney I often get calls from people who have been charged with larceny. Larceny is the crime of theft.

Last week I got a telephone call from a young man who was charged with larceny. He had switched a price tag and tried to purchase a Walmart boxed stereo for a whoppingly reduced price. Using a "clearance" price tag, the young man took the stereo to the check out where he was apprehended.

He wanted to know if he had any defense to the crime. He said that he had just gone through divorce and a custody battle, he was recently charged with a DUI and he had no money. On top of it all he said he was just joking around. He was offering information for me to find a criminal defense for him. No such luck. According to Idaho Code, if you switch price tags to get a lessor price that is theft.

I have talked to other Boise attorneys and specifically other Boise Criminal Lawyers who have had the exact same type of telephone call. Many lawyers, however, say that these particular calls are becoming less because of the use of computer pricing, but many attorneys say they still hear it enough to know that that particular theft law is not out-dated.

As a Boise Criminal Attorney I can tell you if you intend to get a lessor price for something and you do something to make it appear that the lessor price is the price it is theft and even though it is sad, divorce or a child custody battle, a DUI, lack of money or joking around do not make a criminal defense.