Boise Criminal Lawyers, DUI Attorneys, Boise Divorce Attorney, Family Law Lawyer, Boise Probate Attorneys in Idaho, (208) 472-2383, criminal defense, DUI, DWP, divorce, custody, family law, probate, wills, trusts, estates and estate planning in Idaho.
Boise Criminal Lawyers operate in the world of the criminal court. In addition to seeing a whole spectrum of crime in Idaho, every Boise Criminal Lawyer sees the penalties bestowed upon those who have committed a crime. As a Boise Criminal Lawyer, people always ask, "what penalty will I get". The best answer any criminal lawyer can offer is "it depends". There is no black and white answer because the law sets forth the maximum penalty, and sometimes the minimum penalty, but the actual penalty you receive will depend upon a variety of things. The penalty for a crime if Idaho varies based upon the judge, the prosecuting attorney, the state's lawyer, and the crime itself. Every judge looks at things differently and each prosecutor offers different plea agreements. It also depends upon if you take your case to trial or if you accept a plea agreement.
In addition the penalty an offender receives is based upon a variety of other things including the crime itself, whether it was a misdemeanor or a felony, if there were multiple crimes, if any of the crime was aggravated by the use of deadly force and how many other criminal convictions the person has received.
Often, when the party being charged with the crime is not a repeat offender, the penalty will be less. Judges will give, or prosecuting attorneys will offer suspended portions of the sentence. A good example of this is jail time. If a crime sets a maximum penalty of 30 days in jail, a judge might order 30 days with all 30 days suspended. So, does this mean that you are off scott free? Not necessarily. When you commit a crime in Idaho you are also placed on probation, or parole if the original sentence included time in the state penitentiary. What probation or parole does is places a time frame where if you commit another crime, or violate any term of your probation or parole while you are on probation or parole, the judge can cause the entire suspended sentence to be reinstated and you will have to serve or pay any portion of the penalty that was suspended.
If you need to speak to an attorney, including a Boise Criminal Lawyer or a Boise DUI Attorney, a Boise Divorce Attorney, a Boise Probate Attorney or an Idaho Family Law Lawyer, please call, (208) 472-2383. You can also visit our website and fill out a quick contact form and one of our lawyers will get right back to you. Please let our attorneys know the best way to contact you.
Showing posts with label criminal law. Show all posts
Showing posts with label criminal law. Show all posts
Friday, April 1, 2011
Thursday, March 31, 2011
Divorce Attorneys in Boise - Idaho Family Law Lawyers - Custody Attorney Paternity Lawyer - Paternity Determination
Boise Divorce Attorney, Idaho Family Law Lawyers, Custody Attorneys, call (208) 472-2383, divorce, custody, paternity, child support, modification, visitation, adoption, termination, domestic violence and all family law issues.
As a Boise Divorce Attorney when dealing with divorce or custody cases, the issue of paternity often comes up. There are many reasons why a Boise Divorce Attorney may want to establish or disestablish paternity. Child support and visitation are the most common reasons why Boise Divorce Attorneys request that paternity testing is done. Divorce Lawyers in Boise also deal with establishing paternity in relation to the Idaho Department of Health and Welfare when a child is on state assistance such as Medicaid.
There are two ways which Boise Divorce Lawyers can deal with establishing paternity in Idaho. The first and most obvious is the paternity test. This is a fairly expensive test, though less so than in the past. The Idaho Department of Health and Welfare requires this test for all children on state assistance born out of wedlock. Why does the Idaho Department of Health and Welfare require that paternity testing be done? When a mother is on state assistance, the state collects child support from the father of the child as a means of reimbursement for state services and to ensure support for the child. Requiring a paternity test ensures that the State of Idaho is collecting support from the right father for the right child.
As a Boise Divorce Attorney sometimes clients tell me there is no issue of paternity for their child who was born out of wedlock, but will an Idaho Court accept paternity of a child born out of wedlock based upon a parental statement? In fact, they will if the proper criteria are met. There are three people involved in a paternity statement when a child is born out of wedlock and each of these three people must make a sworn statement to the Court declaring paternity. Firstly, the mother must swear that the child was conceived either out of wedlock or prior to the marriage and at that time she did not have sexual relations with her current husband. Secondly, the husband must swear that he did not have sexual relations with the mother before they were married. Finally, the father of the child must swear that he had sexual relations with the mother before she got married to her current husband. Now, can you imagine this ever happening? Boise Divorce Attorneys can attest to the fact that this, in fact, does occasionally happen.
So what happens if these three parties swear to paternity and at some point down the road the parties are estranged, a divorce and custody battle ensues and it turns out that the child is actually the child of the husband? Sounds like a soap opera, doesn't it? But, as a Boise Divorce Attorney, I can tell you it does actually happen. Here it can get ugly. If your Boise Divorce Lawyer can prove that the mother of the child was intentionally lying and knew who the real father was, she can be ordered to pay back the child support that was paid to her. While this does not rise to the level of a criminal law issue and you won't need a Boise Criminal Attorney to defend you, the court does not look kindly on this. Boise Criminal Lawyers see cases of fraud like this all the time, but this particular form of deceit is handled by a domestic statute rather than by a criminal law statute. If there is no proof to that effect, your Boise Divorce Attorneys will submit a new order to the court stating who the father is and what the child support amount should be.
If you have a paternity issue or any other Idaho Family Law issue and need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please call, (208) 472-2383 or visit our website and fill out a quick contact form. One of our Boise Divorce Attorneys or Boise Family Law Lawyers will get right back to you.
In addition to Family Law issues, Kershisnik Law handles criminal law issues including DUI, probate, personal injury, small business and employment law.
As a Boise Divorce Attorney when dealing with divorce or custody cases, the issue of paternity often comes up. There are many reasons why a Boise Divorce Attorney may want to establish or disestablish paternity. Child support and visitation are the most common reasons why Boise Divorce Attorneys request that paternity testing is done. Divorce Lawyers in Boise also deal with establishing paternity in relation to the Idaho Department of Health and Welfare when a child is on state assistance such as Medicaid.
There are two ways which Boise Divorce Lawyers can deal with establishing paternity in Idaho. The first and most obvious is the paternity test. This is a fairly expensive test, though less so than in the past. The Idaho Department of Health and Welfare requires this test for all children on state assistance born out of wedlock. Why does the Idaho Department of Health and Welfare require that paternity testing be done? When a mother is on state assistance, the state collects child support from the father of the child as a means of reimbursement for state services and to ensure support for the child. Requiring a paternity test ensures that the State of Idaho is collecting support from the right father for the right child.
As a Boise Divorce Attorney sometimes clients tell me there is no issue of paternity for their child who was born out of wedlock, but will an Idaho Court accept paternity of a child born out of wedlock based upon a parental statement? In fact, they will if the proper criteria are met. There are three people involved in a paternity statement when a child is born out of wedlock and each of these three people must make a sworn statement to the Court declaring paternity. Firstly, the mother must swear that the child was conceived either out of wedlock or prior to the marriage and at that time she did not have sexual relations with her current husband. Secondly, the husband must swear that he did not have sexual relations with the mother before they were married. Finally, the father of the child must swear that he had sexual relations with the mother before she got married to her current husband. Now, can you imagine this ever happening? Boise Divorce Attorneys can attest to the fact that this, in fact, does occasionally happen.
So what happens if these three parties swear to paternity and at some point down the road the parties are estranged, a divorce and custody battle ensues and it turns out that the child is actually the child of the husband? Sounds like a soap opera, doesn't it? But, as a Boise Divorce Attorney, I can tell you it does actually happen. Here it can get ugly. If your Boise Divorce Lawyer can prove that the mother of the child was intentionally lying and knew who the real father was, she can be ordered to pay back the child support that was paid to her. While this does not rise to the level of a criminal law issue and you won't need a Boise Criminal Attorney to defend you, the court does not look kindly on this. Boise Criminal Lawyers see cases of fraud like this all the time, but this particular form of deceit is handled by a domestic statute rather than by a criminal law statute. If there is no proof to that effect, your Boise Divorce Attorneys will submit a new order to the court stating who the father is and what the child support amount should be.
If you have a paternity issue or any other Idaho Family Law issue and need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please call, (208) 472-2383 or visit our website and fill out a quick contact form. One of our Boise Divorce Attorneys or Boise Family Law Lawyers will get right back to you.
In addition to Family Law issues, Kershisnik Law handles criminal law issues including DUI, probate, personal injury, small business and employment law.
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