Have you been invited to appear before the police for some criminal offense? Or worst – are you in detention for a criminal offense? Then if you are, you have to immediately contact a criminal defense lawyer. Get someone who is adept and experienced in cases like the offense you are being charged of. Every attorney has his own expertise so the choice of lawyer is also made on a case to cases basis. You do not hire a divorce lawyer for a felony case.
Remember you are privileged to invoke the 6th amendment and even the 5th amendment when you are brought to police custody. Thus, you have this chance to have a legal counsel by your side. The lawyer will definitely defend your constitutional rights and even your freedom, so once taken into police custody, immediately ask for a lawyer.
There are times when guilty people think it is just easier to plead guilty and forego the hiring of an attorney. They would just face the consequences of their offense. However, this could be a very big error because a criminal defense lawyer can help you walk away or at least lower the penalties for your committed crime.
Let us face it – only qualified lawyers can help you in your court battle. These professionals have all the experiences – as they are working in courtrooms every day of their lives. They know and understand the law. It will be a critical mistake if you defend yourself without the assistance of a criminal defense attorney.
Conviction could mean long incarceration. Hefty monetary penalties can also be given to the offender. So if you are this culprit, never take chances. Even if you know you are not guilty of the crime for which you are accused, the presence of a criminal defense counsel is still of prime necessity. Winners in court battle are determined by the amount and weight of evidences. And only a lawyer can do this for an offender. Do not take chances when it comes to your life and find an attorney who can evaluate your criminal defense case and do not ever put your life at stake. Your defense attorney can even make negotiations in your behalf or they can handle any other aspect of the offense or case.
Whatever is charged of you, be it theft, assault, fraud, robbery, rape and sex offenses or drug crimes, remember to give yourself a chance to a good legal fight. This is only possible with a criminal defense attorney by your side – all the way to your acquittal or conviction.
Child support contempt in Rhode Island (RI)
If a person violates a Rhode Island Family Court order by not paying child support, the parent with physical custody may file a motion to hold that person in contempt for failure to pay child support. A person accused of not paying child support has a right to a hearing. The obligor parent has the right to proper notice under the Rhode Island Family Court Rules.
If the person owed child support (the parent with physical placement / custody) is on AFDC Benefits (welfare) than payment may be owed to the state of Rhode Island. In that event, the motion may be initiated by the State of Rhode Island, Child Support Enforcement rather than the father or mother with physical custody of the minor child.
A Child Support contempt proceeding could be part of a Rhode Island divorce, child custody, Complaint for separate Maintenance, dcyf petition, child visitation, paternity or other type of Family Court legal action. If there is a potential for incarceration and a person cannot afford a Rhode Island Family Law lawyer / attorney then the Family Court must insure that the person has an attorney representing him or her. The Judge usually has a list of Court Appointed attorneys who are paid for by the state. Otherwise, the Court will appoint one of the lawyers from Rhode Island Legal Services to represent the person.
There is often an opportunity to settle the matter prior to any hearing in which a judge may find a person in willful contempt. A settlement typically may include any one of the following or a combination of the following or something different: the obligor agreeing to remain current, paying a lump sum, a payment plan, staying current in addition to an arrange order, etc.
In some situations, the parent with physical custody or Child Support enforcement is unwilling to settle the matter and insists on a hearing.
If a person is found in technical contempt after a hearing, it means that the person has not complied with the child support order. However, the Court believes that the person had a legitimate reason or excuse for failure to pay, such as loss of job (being fired, laid off), decrease in income, disability, injured at work, unable to work, medical problems, or a myriad of other excuses or explanations. The judge also may not accept any of the above stated excuses as justification for failure to pay.
A person found to be in technical contempt will not be sentenced to the Adult Correctional Institution (aci) (jail)! However, the person may be ordered to find employment, raise a lump sum, stay current and / or make payments on the arrange, pay attorneys fees, make certain lump sum payments, obtain a second job etc.
Most Judges have little patience for people who do not support their children. If the person has an excuse for nonpayment it better be a good one or they may find themselves in Jail. The amount of arrears and the person’s history for compliance or noncompliance is often crucial in a judge’s determination! If a person has a long history of nonpayment then that person has a much higher likelihood to be held in willful contempt.
The more a person owes the more likelihood that the person will be held in willful contempt.
At a hearing the judge will look at all relevant supporting documentation that has been offered into evidence. The judge will almost always ask what the person can pay at that moment or whether they are able to immediately borrow money from friends or family. The Usual Dialogue is – “how much can you come up with to stay out of Jail and how quickly can you pay?” The RI Family Court judge may also be interested in whether a person has assets that he or she can sell.
If a person’s circumstances change then they need to file a motion to modify or suspend their child support rather then not make the payments! Child support does not automatically modify upon circumstances changing. If a modification is granted then the modification will be retroactive to the date of filing of the motion to modify not the date the circumstances actually changed. This does not mean that a person can unilaterally change their child support when they file a motion. It means that the child support will run retroactive after the Family Court issues an order modifying the child support. Therefore, if a person loses their job, becomes disabled, their hours are reduced or their pay decreases they must immediately file a motion to modify.
Child support can only be changed or modified if a motion is filed and an order enters. In many instances the judge’s response to a person’s plea to not hold them in contempt because they lost their job or their income decreased will be something like: “you should have filed a motion to modify or suspend child support when your circumstances changed rather than not pay.”
A finding of willful contempt means that the judge believes that a person is thumbing their nose at the Court or has no reasonable justification for nonpayment. It could result from the judge not believing that the stated excuse for nonpayment is a justifiable excuse. A finding of willful contempt could also mean the following: 1) the person has the ability to pay and has not made payment 2) the person has not made proper efforts to find suitable employment 3) the person is able to work yet either isn’t working, is underemployed or not making proper efforts to find employment.
The judge may believe that the contempt is willful because the person is lying, exaggerating his excuse or that the person is not acting in good faith.
If a person is found in willful contempt for not paying Rhode Island child support, the person could be sentenced to the aci from day to day. Contempt sanctions are technically not criminal proceedings! However, since the sanctions could lead to jail time, they are quasi criminal proceedings. Contempt proceedings are not technically criminal because they are intended to compel compliance with child support orders rather then punish for nonpayment!
If a person is sentenced to the aci from day to day, then the judge of the Rhode Island Family court will usually state that upon payment of certain amount the person will be released from jail. In child support contempt proceedings there is always a ticket out of jail by making a certain payment. A person could be held in willful contempt and not be sentenced to the aci.
Legal Notice per Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.
Divorces are often messy. Even when you thing the toughest part is done, another obstacle shortly pops up. After assets have been divided, custody has been awarded, and child support has been set up, visitation rights must be decided. Visitation is when the non-custodial parent visits their children. This can be every other weekend, once a month, or any other time period. Arrangements can be made between the parents but cannot be forced unless agreed upon in front of the court or a family law attorney.
Most lawyers and court systems encourage the parents to come to an agreement. If you cannot agree, they may require you to participate in some sort of mediation process to attempt a resolution. A third party such as a social worker may be used to help with the mediation process. When an agreement is not possible through mediation, the court makes the decision on visitation rights and the frequency of visits. The judge may require a mental evaluation to be performed on both of you.
Dragging this process out can be devastating to each contesting party and the children. One result is very high legal fees. The children are emotionally strained and confused. Sometimes a parent will be denied custodial or visitation rights. It is always better to work together and try to determine what is best for the children. If they have a great relationship with the non-custodial parent and they are close more frequent visits are better for the child. Strained relationships might need less frequent or supervised visits.
The child themselves can come between the visitation rights of the non-custodial parent and may refuse to see them. If this is happening, the issue should be discussed between the two of you so the parent with visitation rights knows it is the child’s choice and does not feel like the other parent is denying them their rights. If you automatically side with your child and visitation ceases, visitation rights can be enforced by the court. Even though it may be hard to discuss matters with your ex-spouse, discussing the children openly and dealing with visitation and custody problems together can decrease legal hassles and result in more positive and rewarding relationships between the children and both of their parents.
Any time the parent with primary custody prevents visitation from occurring it is called frustrated visitation rights. This can be innocent such as a sudden emergency during the visitation time. It can range all the way to very severe as in the parent skips state or country with the child. An act like this is considered kidnapping and is a criminal offense. Doing so intentionally can be grounds for the court to drastically modify or terminate the primary parent’s custody rights.
If you are currently dealing with visitation decisions due to a current divorce or are being denied your visitation rights, divorce lawyers can help with any matter relating to visitation. These types of lawyers can be used in cases where the non-custodial parent does not return the child after their visitation period.
The list of legal specializations is seemingly endless and the subcategories within each area make that list even longer. These studies can range from criminal and administrative, to international and even animals rights. While there are very specific areas of the profession, most attorneys find themselves following the lead of the market. Since family law issues are so prevalent, there is always a need for their services. So what exactly is it? When should you call one? Here are a few common reasons.
I Do, Not
Family law is also known as matrimonial law. Even though the marriage rate is said to be declining since the 1920s, there are still many out there who decide to tie the knot.
If you are considering marriage, it’s smart to think about prenuptial agreements, especially if you’re walking into a union with assets or inheritance. If you aren’t, that doesn’t necessarily mean this arrangement isn’t for you. There are many out there with well-paying jobs that will build a future asset. This is something you might want to take care of at some point in the future.
An attorney who specializes in family law can help arrange a prenuptial contract. In this case, you’ll need to hire two separate attorneys for the agreement to be valid. It’s also recommended to have an accountant take a look at the contract depending on your financial status. It’s expected to file and notarize these documents at least 30 days or more before you get married. This is the rule of thumb for all prenuptial agreements, and if you fail to do so, it may not be accepted by the judge.
If you’re looking to break the knot, the same attorney used to marry you should be the one to undo it. Your other half may seek their own private attorney depending on the circumstances, and you can guess that they’ll also specialize in family law. Keep in mind that each U.S. state has different rules and regulations regarding marriage and divorce. Be aware of fees as well because they vary from case to case.
If Children Are Involved
Family law also applies in cases that deal with family matters and domestic relations. Other disagreements that require an attorney may include child support or alimony, child custody and visitations between parents, adoptions, and in worse case scenarios, child abduction or child abuse. If a divorce takes place or parents of children are not legally married, a family lawyer can help settle agreements between disputing parties. Paternity testing or paternity fraud is also popularly delegated by these kinds of attorneys.
Siblings And Other Family Members
Marriage aside, other disputes, such as inheritance or property settlements, can occur between family members too. In all cases, think of a family lawyer as your counselor. When it appears that there is no other way to arrive at a collective decision, attorneys are there to step in and guide you to a contractual agreement.
There are many reasons you may need one of these professionals in the future. Understanding what they can or cannot handle will help you select the right representation.
Illinois (IL) is one of the states in US which has various law schools, which ensures a wide range of lawyers in IL. If you live in IL and you are involved in a legal case or lawsuit then you need to hire a lawyer as soon as possible. Joliet and Will County are the places in IL where several legal issues are settled every year.
If you are a resident of Joliet or Will County and you are looking for lawyers then you need to clearly understand the functions of a lawyer. Here are the some of the responsibilities of criminal lawyers, divorce attorneys and DUI lawyers in Joliet and Will County.
Criminal lawyer in Joliet IL and Will County IL
The criminal lawyers represent the people who have been accused by the third party for committing some criminal action. If you are engaged into any such case then make sure that you hire a criminal lawyer immediately. The criminal lawyer in Joliet IL and Will County IL play a major role in negotiating with prosecutors. To win the case, the criminal lawyer provides an objective and well-informed perspective for the current situation.
Thus, the lawyer will do the research work and make sure that you are not proved guilty in the court of law.
Role of a Divorce Attorney
The Divorce attorney in Will County IL and Joliet help the clients on several matters which are related to the divorce cases. These attorneys manage various divorce related issues which includes visitation and custody rights of kids, division of assets and debts. Moreover, the divorce attorney will also take care of the matters like restraining orders and spouse support.
Duties of DUI lawyer
The main task of DUI lawyers is to fight a legal case for people who are imprisoned for driving vehicles after consuming drugs or alcohol. If you are arrested by the police under drinking and driving case then hire a DUI lawyer in Joliet IL or Will County IL. The lawyer will manage various issues including the arrest and appeals which are filed after the conviction. The DUI lawyer also challenges the reports of chemical testing to get you out of the jail.
If you want to hire any one of the lawyers mentioned above then you can select a law firm which provides assistance for different lawsuits.
Divorce and family law attorneys in Gloucester County, New Jersey help individuals in issues regarding family matters, care of the elderly, retirement planning, and estate administration. These lawyers additionally represent people contemplating divorce, separation, applying for child custody or retirement.
A family lawyer has to deal with cases that involve divorce, child support / custody/ visitation rights, paternity suits, adoption, restraining orders, domestic abuse, enforcement actions / contempt, post judgment motions, pre- and post-nuptial agreements, and many more.
A majority of family law services are billed on a flat fee basis or at an hourly rate. A pre-payment is usual and the fees will differ depending on the complication of the legal issue. Contested divorces where the parties disagree on various key issues present more complexities and so the lawyer charges are more. Uncontested divorces where the parties have solved the key issues amicably are billed for a lesser amount.
These are the important things to keep in mind while hiring a family law attorney in Gloucester:
* Do not feel obliged to select the first family law attorney you speak to. Instead speak to more than one lawyer and then select one who you feel best understands the complexities of your legal situation.
* When you hire an attorney, select someone who is specialized in the area in which you need help. You may not help yourself by hiring a general attorney with little or no experience in the type of charges you are going to file or are facing.
* You are supposed to additionally receive customer services from the law firm. It is the right of the client to get benefits such as help in paperwork, information gathering, and so on. Ask whether the firm will help you with these.
* Clarify the fees as well as the hidden costs. You need to know how much fees you have to pay for hiring the services of the lawyer. It is advised that you compare the service charges of various attorneys before you choose one to handle your case.
* You need to be aware of the details of the case you have filed or the charges you are facing. Do not let your attorney deceive you into believing that case is extremely complicated and hence merit higher service charges. Also, read similar cases and why they succeeded or failed. Keep yourself abreast with the latest laws which you have to deal with.
DON’T bargain shop. Affordability is obviously a valid concern but don’t let it become your main priority. With your reputation, finances, and freedom at stake, it’s imperative that you have the best criminal lawyer who can protect your rights throughout the entire process. Attitude and experience are just as important as cost when it comes to choosing the right lawyer.
DO avoid lawyers who guarantee a certain result. Criminal law in Maryland, let alone any state, is complex and every case is unique. As such, immediately cross any attorney off your list who guarantees results, especially before they have evaluated your case.
DON’T be intimidated to discuss cost. You have every right to know how much this will be costing you so ask! Any reputable attorney will be able to tell you during the initial consultation how much you can expect to pay in lawyer fees.
DO choose an attorney who doesn’t speak legalese. Your lawyer should be able to clearly explain the charges you are facing, your legal rights, and what the process entails using language you fully comprehend. The lawyer should also be direct, honest, and upfront about the possible consequences you may face.
DON’T choose a lawyer who doesn’t address all your concerns. According to a Maryland Criminal Lawyer, your lawyer should be able to answer all your inquiries (whether via phone or email) in a prompt and timely manner. As mentioned previously, they should be direct and honest while using language and terms you can understand. Avoid any attorney who can’t answer your questions clearly or doesn’t make you feel relaxed and at ease while in his or her presence.