Oklahoma Fatherhood Programs

A recent article I read concluded that Oklahoma needs more programs geared towards helping inexperienced fathers make support payments and generally preparing men for what comes with being a father. There are many unknowns one faces when becoming a father for the first time to an unmarried woman, or to being a father in the midst of a divorce.

The article stated that many men don't have the community support to learn to be good fathers (married or unmarried) and the state should have a fatherhood network to help men prepare for the emotional and financial stress of being a father. The article was quoted as stating that policy should be changed so fathers should be at poverty level before child support payments are determined.

Fatherhood does bring a lot of challenges when going through a family law event. However, that does not mean that Father's have no rights during a family law event. Father's under the laws have equal rights to the courts and equal rights to their 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.

Boise Criminal Attorneys - Criminal Defense Lawyers (208) 472-2383

Criminal Law:  Procedural Law v. Substantive Law
What is the difference and does it matter?

Undoubtedly, you have heard the statement "it was a travesty of justice!"  These are stories of people, who were clearly guilty of a crime, but who got off scot-free.  These stories are not urban myths.  These are true stories which illustrate the impact of criminal procedural and the importance of having a criminal defense attorney who knows criminal procedure.  Everyone charged with committing a crime would love to get off on a technicality and it is because of procedural law that this is even a possibility.

The substantive law tells you what acts constitute a crime and what the punishment for that particular crime is.  For example, you would find driving under the influence or DUI in the Idaho Code.  Here it would tell you that if you have a blood alcohol level of .08 or greater and you operate a motor vehicle or are in actual physical control of a vehicle you will be charged with a DUI and it will go on to tell you what the punishment is for a first time DUI, a second time DUI, a third time DUI, an excessive DUI and so on. 

Procedural law, however, tells you what is a violation of your constitutional rights.  It tells the police when they can pull you over, when they can search you, what evidence they can take, which witnesses can be investigated and the like.  Procedural law includes your Miranda rights; "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you".

When procedural law is violated, you can exclude the evidence obtained by the violation and by excluding it you may, in effect, remove that evidence leaving the prosecuting attorney with no evidence to convict you.  That's what it means to get off on a technicality.

Does it ever happen?  You bet it does.  It happens everyday.  If the police pull you over because you are driving a 1970's Duster and they think that you look like a criminal and they later discover evidence of drugs in your car, that evidence can be excluded on the basis that there was no probable cause to pull you over in the first place.  If the police have pulled you over because they suspect you have been drinking and they search your car without your permission or a warrant and they find counterfeit money in you glove box, that evidence can be excluded on the basis of an illegal search.

There are many scenarios like these.  Whether they are a travesty of justice, however, is a matter of opinion.  What kind of country would it be if someone was convicted of a crime and evidence was secured, but in the process their constitutional rights are violated? 

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

Is the tax man going to be collecting more than just your tax....?

Child maintenance may be deducted directly from a parent’s earnings by the taxman, under proposals which have been announced by the Government. The Work and pensions minister Maria Miller has suggested that the new scheme would make it harder for ‘wayward parents’ to avoid paying for the upkeep of their children.

In addition payments would ordinarily be based on the non-resident parent's gross income from the most recent tax year, which could be obtained directly from HM Revenue and Customs. This would, in the Government’s view, make it harder for a non-resident parent to avoid payment by not disclosing their full income.

The proposals are likely to be music to the ears of those parents who find their former spouse or partner attempting to avoid their financial responsibilities. Although it will not answer the problem of self employed business people who want to avoid payment. Others will also no doubt wonder whether the Child Maintenance and Enforcement Commission which replaces the CSA can be trusted not to make mistakes?

For more advice on child maintenance or issues surrounding separation and divorce follow our family law blog or follow us on Twitter @divorce_experts.