Monday, June 27, 2011

Boise Family Law Lawyers - Divorce Attorneys - Criminal Lawyers - Probate, Employment Law, Bankruptcy, DUI Attorney

Boise Family Law Lawyers, Criminal Lawyers, Divorce Attorneys, call (208) 472-2383, Family Law, Divorce, Custody, Criminal Law, DUI, Probate, Employment Law and Bankruptcy.

Occasionally as a Boise Criminal Lawyer I get calls from individuals wanting to know what a maximum penalty is going to be for a particular crime.  Likewise, as a Boise Divorce Attorney, I get calls from individuals wanting to know what their child support obligation will be or what the consequences of a domestic violence restraining order will be.

Some areas of the law, such as those that set a particular penalty for a crime or set a statutory money obligation are determined by the Idaho Code.  These are laws made by the Idaho Legislature and codified.  Generally, as far a criminal law is concerned, the Idaho Code sets maximum and minimum penalties.  Any Idaho Criminal Lawyer, however, can tell you that there is a wide range betweeen the maximum and the minimum.  Likewise, any Boise Divorce Attorney can tell you that on something like domestic violence, the penalties and requirements will vary depending upon your circumstances.  However, Boise Divorce Attorneys know that for child support, the Idaho Child Support Guidelines are not negotiable.  To determine child support in Idaho you must input your income and the income of the other parent as well as other pertinent information such as child day care expenses and you will arrive at a number that will be your child support obligation.  There is very little fudge room on this number.  Occasionally a judge will alter slightly what the obligation will be based on particular circumstances, but it is not the same fudge room a judge has when it comes to setting a criminal law penalty.

Not all laws, however, are codified.  Much of the law that Boise Family Law Lawyers practice, for instance, is based upon something known as common law.  Common law is the law that has evolved over time based upon cases taken to trial and taken up on appeal.  Eventually, a case will make its way to the Idaho Supreme Court which will make a determination on a particular issue.  This decision will either agree with the current law or it will clarify a particular issue or it will overturn a previous decision.  This is the basis for common law.  Eventhough Criminal Law is generally based upon statutory law it can also follow this same process. 

If you have ever asked a Boise Divorce Attorney or a Boise Criminal Lawyer a legal question and have gotten an answer to the effect of "it depends upon your circumstances" this is why.  The law generally is not cut and dry.  There are general answers but the answer to the question can vary greatly depending upon your individual facts and circumstances.  This is exactly why at Kershisnik Law when you speak to one of our divoce attorneys or criminal lawyers you will be offered a free consultation.  For you to make an informed decision on how to proceed on any legal issue you need to provide an attorney will the facts so they can give you an opinion based upon your particular set of facts.

If you need to speak to a Boise Divorce Attorney or a Boise Criminal Lawyer, call today, (208) 472-2383 for your free consultation.

Tuesday, June 21, 2011

Boise Probate Attorneys - Estate Planning Lawyers - Divorce Attorney - Criminal Lawyer

Boise Probate Attorneys, Estate Planning Lawyers, Divorce Attorney, Criminal Lawyer, call (208) 472-2383 - probate, wills, estates, trusts, estate planning, divorce, custody, criminal law, DUI.

As a Boise Estate Planning Attorney I regularly get calls from people who want to know if they can write their will by themselves.  People ask this not because they don't like attorneys (I hope) but because they want to save money.  There are endless estate planning and will kits out there all which advertise that you can save money and do it yourself.  The question really is do you want a computer program, which is only as good as the input given by the user, to plan your estate or write your will?

These programs are good enough, but it is user error that can mean the difference between your will being carried out or your will being thwarted.  The programs ask a series of questions and you are supposed to fill in the appropriate box.  How many times have you been confronted with this type of questionnaire and not known what to fill in or wished that there was a comment section so you could explain your answer?  Herein lies the problem.

The programs sometimes don't know the complexity of the law and therefore the appropriate question cannot be asked.  Divorce situations often trip up the program and the user.  Disowned children also create huge problems that the estate planning software can't address.  If you don't know the law it is highly possible that you may check the wrong box.

What happens if you check the wrong box and then you die?  Your property may go to someone you don't want to have it or your estate may have to spend a huge amount of money trying to protect your assets.  If you purchased the will or estate planning software for the express purpose of saving money, you may end up spending way more than if you had just had an attorney in the first place, especially if the probate is challenged and litigated.

The other problem is that only you know what you really want done with your property.  If you had to check a box that didn't really fit what you wanted and then you die, when your will goes to probate how can the personal representative really do what you wanted?

So, as a Boise Estate Planning Attorney my best advice to you is make certain if you buy estate planning and will writing software and you have complicating issues like divorce or disowned children make certain you know what you are checking or if you don't or you are unsure, call an attorney.

To speak with a Boise Probate Attorney call (208) 472-2383 today.

Sunday, June 19, 2011

Helpful Divorce Settement Negotiation Tips

Thinking about divorce, negotiation, or mediation? I came across a good article that might offer some tips in negotiating your settlement.

When it comes to be time for your divorce you may be angry. Don’t get upset. An attorney can assess your situation and discuss your options. Going to court and having a judge decide your case should be a last resort for couples who are divorcing. It is exhausting and can become quite expensive not to mention the uncertainty of having a 3rd party decide your fate is a gamble. Not just that, but your soon to be ex-spouse is more likely to be cooperative with something that was agreed to rather then an order imposed by the court that they didn’t agree to.

Negotiating a settlement is a great way to go. It is much better if a settlement can be reached out of court. Let your attorney negotiate for you; don’t try to do it yourself. A professional in family law practice has the experience in these matters that can help you achieve your goals. Be prepared that you may not get everything you want.

Here are some tips the article gives on how to get the best outcome from negotiations:

• Set your priorities.
• Know what you are willing to be flexible on and what you are not willing to be flexible on.
• Be realistic.
• Ignore any ugliness from your spouse.
• If your spouse makes an offer to settle, talk about your options in private with your attorney.
• If you negotiate your own settlement, get legal advice before you sign anything.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Child Custody Rising Support for Joint Custody

According to a recent article, new studies show that the public favors equal custody of children whose parents have divorced.

According to the article, researchers cite polls and ballot initiatives which showed there was great public support for equal custody. Also, the majority of those who responded to surveys said they believe equally divided time was appropriate even when there were high levels of parental conflict for which both parents were equally to blame. Survey participants were asked to imagine they were a judge deciding on several hypothetical cases. In one case, the mother provided 75 percent of the couple’s pre-divorce child care-giving duties. In another, the father provided 75 percent of the couple’s pre-divorce child care-giving duties. And, in the third, the parental couple was described as having divided the pre-divorce child care 50-50.

The article goes on to say that the American family law system may be flawed in it's over representation of custody awards going to motherse and father's not being awarded a fair share of custodial time. The article seems to advocate for the state legislators across the country to change the family laws in different states to reflect the public preference for joint and equal custodial time with the children.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Navigating Summer Timeshare and Divorce

When going through your plans for the summer, navigating the complicated schedules and short time periods can be difficult to say the least. When you are divorced make it doubly difficult. Trying to make summer time plans for the kids? It can be complicated if your divorced and trying to work out plans for the summer. It’s hard to coordinate! Here are some tips and an article I recently found offers some advice:

1. Start communicating early. Talk with your ex about things you feel you may want to plan. Find out what they want to do to. Get a sense of how you best accomodate everyone early on without power struggles.

2. Ask everyone what their priorities are (the kids, the ex, etc.). What do they just have to do this summer? What’s not so important on their list? This helps everyone understand that they probably won't get everything they want, but also let’s them know what they want is important and was heard.

3. Get your information together. After you've thought about compromises to accomodate everyone start to gather the logisitics on how to make it work. Call the places up and gather more information to see if the plan might work.

4. Don't let your kids make plans without talking to your ex first, and don’t make your ex look like the “bad guy” if the activity doesn’t work out. Be sympathetic, but not apologetic.

5. Put yourself in the other family's shoes. Compromise. If the ex wants to take your kids to the ex-in-laws then let them. It’s just as important as letting the children visit your own family.

6. Propose a plan. This one goes without saying, make a plan and see give an offer. If your ex sense that their desires are taken into consideration they may just accept your offer. So good luck and happy summer.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Why is Divorce Terrifying for Women

Why is divorce so terrifying to women? Well, a recent article I read attempts to speak about this issue. Apparently, the article theorizes that it all goes back to the days when pre-historic man lived in caves. Men hunted and women took care of the children and cooked the food. When a woman’s marriage breaks up, they tend to judge themselves harshly basically because of primal instinct.

The author of the author relates that when she was going through her divorce, she says she felt as if she might die when her husband left. Fear of being left alone was too much. Back in man’s early days, if you weren’t part of a tribe, you were on your own and very likely to die at the hands of nature (i.e. predators, weather, etc.). For the author, being cast out of her comfortable place resonated with her. The strange thing is that according to the article oddly enough, even abusive marriages, can feel like a safe place to some women. According to the author, women feel this way no matter how successful or accomplished they are or how much they recognize that a divorce is necessary.

Women often take responsibility for marriage, for keeping the family together. If the family is separated, they often feel they are failures and that it’s their fault, but that’s just not so.

The reality is that divorce is hard and it’s hard for almost everyone. At times it may seem like you might not make it through to see the light at the end of the tunnel, but you will get there. If it's something that you've thought about or have further questions, you can contact my office to speak with a qualified attorney to assist you with your legal needs.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Thursday, June 16, 2011

Boise Divorce Attorneys - Family Law Lawyers -Criminal Attorney-Criminal Defense Lawyer

Family Law Lawyers, Boise Divorce Attorneys, Criminal Law Lawyer, Criminal Defense Attorney, 208-472-2383 - Divorce, Family Law, Criminal Defense, DUI, Probate, Estate Planning and Elder Law.

As a Criminal Defense Lawyer I defend peoples' rights. I have been criticized for "helping criminals get off on a technicality", but this simply is not the case. That attitude represents a misunderstanding of the importance of criminal procedure to protect individuals from illegal search and seizure, improper handling of evidence and conviction based upon coerced or ill-gotten confessions. This is the basis for your constitutional rights. So what is good for the goose must also be good for the gander.

In the last week a mass mailing was sent to all Idaho Lawyers from the Chief Prosecuting Attorney's office and the Idaho Prosecuting Attorneys. It didn't offer a legal opinion but it notified all Idaho Criminal Attorneys about a breach in policy by four Idaho State Police Laboratory Analysts. The breach had to do with the illegal and improper storage and use of a chemical used by ISP for evidence protocol. Another violation was perpetrated by the lab manager and a lab scientist. This violation had to do with the improper and illegal display and addition of illegal drug look-a-likes.

Now, it is highly unlikely that any of these violations have or will effect the constitutional rights of any individual in the State of Idaho, but they are violations nonetheless. These violations could potentially mean a revocation of their license to store and analyze criminal evidence.

All of this is a testament to the importance of criminal procedure and your constitutional rights. Being a criminal defense attorney doesn't mean getting criminals "off", it means defending and protecting their rights. The last thing any Criminal Defense Lawyer wants is a criminal evidence lab with a sketchy history of mishandling policy. If the lab analysts disregard company and government policy on inconsequential matters then how careful will they be in testing potentially damning and life changing evidence?

I am proud to be a Criminal Lawyer because I think these rights are inalienable and I am not discouraged by nay-sayers or those individuals who want constitutional protections for themselves but are unwilling to guarantee them for all.

If you have been charged with a crime and need to speak to a Boise Criminal Lawyer, give me a call, 208-472-2383. If your rights have been violated, let's see what we can do for you.

Wednesday, June 15, 2011

George Laskoff, Frames, Divorce, and Mediation

I am reading “don’t think of an elephant” by George Lakoff. He writes about “Frames” which he defines as “mental structures that shape the way we view the world.” He goes on to say that “when we hear a word, it “Frame” is activated in our brain.” Although the book is geared to politics, it also applies to mediation. This is especially the case since he says that “what pulls all issues together is the Frame of family values. Progressive and conservative positions derive from two opposing paradigms for families. The strict father family model and the nurturant family model. “In mediation we see the same “Frames.” Awareness of “Frames” and the ability to work with “Frames.” makes for a more successful mediation.
As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at WM(222) 6/15/11

Tuesday, June 14, 2011

The Rebound relationship… To do or not to do…

I’ve known women who have started dating almost immediately after divorce. Others may enjoy what are known as ‘transitional sex partners’ These are usually people who become good friends and bed partners during the intervening period between divorce and falling in love again.
The important thing is to be clear about the boundaries of these relationships. If this works for you, enjoy it and have fun. You’re an adult and you can make your own choices.

To be clear on the nature of your new relationship, ask yourself:
  • How soon did I get involved with this person after my marriage breakdown?
  • How do I really feel about this person?
  • Am I really interested in them or are they a distraction?
  • Have I changed in order to attract this person into my life? Am I being myself?
  • Am I still thinking about my ex and my former relationship?

Be aware of attracting rescuers while you’re healing

As we live, work and move we’re projecting an image and expressing energy all the time. Our sense of self and our energy change, constantly reflecting what we’re dealing with and experiencing in our lives.
When we’re passionate and creative and we’re making choices and decisions that match our life’s purpose and values, we project self-confidence, enthusiasm, joy and vibrancy towards life. Conversely, while we’re healing from divorce, the image and energy we project may well mirror a more dependent and fragile person who expresses less joy, passion and enthusiasm than we otherwise would.
The men you meet while you’re in a ‘compromised’ state may well be attracted to your vulnerability and that part of you that is needy and wanting to be comforted and cared for. This is a danger zone for relationships.
As you heal from the grief and loss precipitated by divorce and you begin to regain your personal strength, passion and joie de vive, the man who ‘signed up’ to take care of you may wind up feeling jealous, confused, and threatened by your ‘new’ independence. Within day 13 of the naked divorce for women book - we discuss the Drama Triangle and it’s impact so be wary of attracting rescuers during your time of healing.
Recovering from loss and heartache is an inside job. It is important to stay mindful of how you think, feel and respond to people and situations.
Become a good observer of yourself. Notice new attitudes, thoughts, feelings or beliefs that might be emerging. Have you learnt anything you’d like to integrate into your worldview or your way of being in the world? With friends and family? At work? In another love relationship?
Don’t attach yourself to any new acquaintances or friends who see you as less than you are.

What are the characteristics of a healthy relationship?

  • Honesty and trust
    Giving real compliments
    Discussing problems
    Using ‘I’ messages to share feelings
    Asking for what we want, not expecting they owe it to us
    Admitting mistakes
    Asking (not accusing) each other about rumours
  • Emotional respect
    Disagreeing without put-downs or threats
    Respecting their right to be safe and to control their own body and decisions
    Trying to understand their feelings, even if we disagree with their ideas
    Caring to find out their point-of-view
  • Listening
    Asking what they think and how they feel
    Empathising by putting ourselves in their shoes; guessing what they feel
    Saying what we think we heard to check for understanding
    Asking what is important to them
  • Freedom and encouragement
    We have the right to our own, and support each other’s rights to have, opinions, feelings, space, activities, friends and dreams
    Expressing fears, instead of claiming ownership, when jealous
    Either person can decide to break up
  • Sharing activities
    Hanging out together sometimes
    Doing things each person enjoys
    Encouraging each other’s enjoyment and success
    Learning from each other
  • Kindness
    Helping each other (while respecting our own limits)
    Giving gifts sincerely, not to get something back; the thought, not the money counts
    Showing our care through consistent respect (not abuse followed by apologies)
  • Mutual affection
    Telling things that we like and appreciate about each other
    Each decides if, how, and when we want to be to touched; checking to ensure affection is mutual
    Respecting each other’s values, property, bodies, space and limits; stopping if one says ‘No’
  • Shared decision-making
    Deciding things together, not ordering
    Negotiating differences
    Splitting costs fairly
    Searching for win-win solutions
    Whoever pays, no one owes anyone kisses, touching, or anything else
Trust yourself, you will know what to do! 

Sending you a big hug!

Monday, June 13, 2011

Boise Criminal Lawyers - Divorce Attorneys - Family Law Attorney - Probate and Estate Lawyer

Boise Criminal Lawyers, Divorce Attorneys, Family Law Attorney, Probate and Estate Lawyer, call (208) 472-2383 for your free consultation today.

My legal practice revolves around criminal law, divorce law, family law, probate and estate law, employment law and small business law.  Very often my day to day practice as an attorney is routine.  As a Boise Divorce Attorney, I might do the ordinary divorce and custody hearing.  As a Boise Criminal Lawyer I might go to court and argue a probable cause issue to attempt to throw out a DUI.  As a Probate Attorney I might file the appropriate paperwork for a formal probate proceeding.

That is on an ordinary day.  Occasionally, unique or interesting issues raise their heads and I get to take the fascinating twists and turns of legal analysis that compelled me to go into the law in the first place.  I had the opportunity recently to delve into just such analysis in my capacity as a Boise Criminal Lawyer.

Idaho Code 18-8004 is the statute governing DUI in Idaho.  It says that it is a crime to drive under the influence of drugs or alcohol.  Now that seems obvious.  Everybody knows that you can't drive while you are impaired.  But here is the interesting thing; while that code section defines an amount of alcohol in your blood stream, it does not quantify how much marijuana in your system constitutes being impaired.  Presumably then, any amount of marijuana or other illegal drug in your system would technically rise to the level of impaired.

The chemical ingredient in marijuana, the one which is responsible for the high your get after smoking it is known as THC.  In a blood or urine test used to determine your use of marijuana, it is the THC that is measured.  THC stays in your system for some time, depending upon how much and how heavy a marijuana smoker your are.  According to Washington University, the half life of marijuana is 24 hours but, if you are a heavy user, it can be detected in your blood stream for up to 45-60 days.

So why does all this matter and why do I find it interesting?  If you are driving a motor vehicle in Idaho and you are pulled over and the police officer becomes suspicious of your behavior, he or she can request that you take a field sobriety test.  If you are like most people, you may have difficulty passing the test.  If you fail, the officer can then request that you submit to a blood or urine test.  If you have smoked pot in the last month, you might be setting yourself up to get a DUI.  The blood and the urine test used in Idaho to determine if you have drugs in your system doesn't measure any level of drug.  It doesn't have to.  It is just either positive or negative.

Paranoid? Maybe, but it's my job to give advice.  Just a word of caution.

If you have been charged with a DUI and need to speak to a Boise Criminal Lawyer, please call (208) 472-2383.

Wednesday, June 01, 2011

Boise Divorce Attorney - Criminal Lawyer - Probate Attorneys - Family Law Considerations

Boise Divorce Attorney, Criminal Lawyer, Probate Attorneys, call (208) 472-2383 for all divorce, custody, criminal law, probate and estate planning issues.

As a Boise Divorce Attorney I am often involved in many cases that have cross over legal issues with divorce law. Criminal Law and Probate or Estate Planning are examples where legal issues mingle. As a Criminal Lawyer I see criminal or divorce and custody issues exacerbate each other. Violence in the divorce context often leads to domestic violence protection orders and no contact orders. High conflict divorce and custody battles fuel the criminal nature of domestic battery.

As a Probate Attorney, I see where divorce plays a role in the need to revisit your estate planning issues so that you don't end up with issues in probate. I have seen cases where a will is never changed and this can lead to the wrong person getting your property at death. In probate, because the testator of the will is deceased, you cannot use parole (extrinsic) evidence to prove the testator's intent. What this means is if you fail to name your new spouse in your will, the old spouse from whom you got a divorce, can and may still take under your will.

Because there is this cross over, the term Family Law can be used to encompass this area of the law. Family Law Lawyers, like myself, specialize in understanding the issues which mingle and can often have a profound impact on each other. It is with this detailed understanding that Family Law Lawyers are able to make sense of these areas and help you through the ins and outs of family law.

Do you Hear what I Hear?

Often repeated, rarely heard; the key to good communication is being a good listener. The majority of us do not come by listening, really listening, easily. We tend to believe that we listen when someone else is talking to us, but what are we really doing? We may be thinking of how we are going to respond, how to get out of engaging in further conversation, that we are right and the other person just doesn’t get it, or a host of other things. The reality is if you are thinking of your next move in the conversation, you aren’t really listening to the other person.

Frequent interruptions are one sign that you aren’t listening. If you find yourself interrupting others when they talk, then you probably aren’t listening, but instead focused on making your point. Try waiting until the other person finishes his or her thought before speaking.

Improving your listening skills takes practice. If you find yourself contemplating what you are going to say next, becoming too emotional, or judging the other person, try taking a step back. Listen to the other person and ask for clarification. It is always a good idea to check out comments made by the other person instead of assuming their intention. Don’t interrupt and really try to hear what the other person is saying without immediate judgment or reactions.

We all respond more positively when we feel heard, really heard.

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