Boise Divorce Attorney and Custody Lawyers in Boise, Idaho call (208) 472-2383.
As a Boise Divorce Attorney I work frequently within the world of the Idaho Family Law Statute. Idaho Code Chapter 32 deals with Domestic Relations. It covers everything from marriage, illegal marriage, divorce and the grounds for divorce to the parent child relationship in terms of custody and visitation as well as community property.
The Family Law Statute has changed over time. One specific example of this change has to do with common law marriage. At one point in Idaho history, the state recognized common law marriage. Common Law marriage put simply was two people decided to get married and they acted as though they were married. In the eyes of the law, for all intents and purposes, they were married. As of January 1, 1996, however, Idaho no longer recognizes any common law marriage begun after that date. If you were common law married before that date, meaning you put yourself out as a married couple a court would still consider you married and you could file for divorce and custody in Idaho.
What does it mean to put yourself out there as being married? A Boise Divorce Lawyer would present evidence to the court that showed you treated your relationship as one of a marriage, not just co-habitation. Examples of evidence an attorney might use to prove this might be filing joint tax returns, being claimed as a spouse on health insurance, purchasing a home together or telling people that you were married. However, having children together and co-habitating do not necessarily reach the level of evidence needed to prove marriage.
Why would your divorce lawyer want to prove that you were married? That family law statute that I mentioned above provides protection for married couples called community property. If you were living together, but were not married and one party worked and the other stayed home and the one that worked used their money to pay for the house and to pay for the car and all the other goodies, if they ever split up the person who paid for everything would get it all. Now that may be fine for the person who worked but the person who stayed home and took care of the house and the kids would get nothing.
Community property recognizes that it is a community effort to build the community and therefore it rewards each individual equally in terms of value.
If there were children to the common law marriage how custody and visitation would be determined for those children would be the same whether it was ultimately decided that a common law marriage did or did not exist. The parties would be ordered to mediation and if they could not agree on a custody arrangement both divorce lawyers would present evidence to show why their client is the party best suited to be the custodial parent or why it would be in the best interest of the child to have primary physical custody with one parent or the other. Ultimately, using requirements outlined in that family law statutes I spoke about above, an Idaho judge would determine what is in the best interest of the child.
Ultimately, if you are married and are going through divorce in Idaho or you are going through divorce in Idaho and have children or simply have children together in Idaho and are splitting up, you too will enter the world of the family law statute.
If you need to speak to a Boise Divorce Attorney, please call (208)472-2383
Saturday, April 30, 2011
Wednesday, April 27, 2011
Boise DUI Attorneys - Idaho Criminal Lawyer - Accuracy of Field Sobriety Tests
Boise DUI Attorneys - Criminal Lawyer in Idaho - DUI, DWP, Criminal Defense, call (208) 472-2383 free consultation.
Boise DUI Attorneys are always asked what the standard field sobriety tests are and if they are valid. The National Highway Traffic Safety Administration (NHTSA) developed three standardized tests to determine if there is probable cause to arrest an individual suspected of DUI. Standardizing the tests ensures consistency.
The three standardized tests are the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT) and the One Leg Stand (OLS). These tests are used once an officer has probable cause to pull an individual over on suspicion of DUI. Once pulled over the officer administers the three standardized tests which provide the evidence for probable cause to make a DUI arrest and administer a breathalyzer test.
Boise Criminal Lawyers may challenge probable cause for the initial pulling over as well as the probable cause based on the results of the field sobriety tests. Attorneys use challenges to probable cause to exclude evidence. Once the evidence is excluded the prosecuting attorney, the state's lawyer, may or may not have enough evidence to go forward to charge an individual with DUI.
The Horizontal Gaze Nystagmus works on the principle of eye muscle control. An individual who has not been drinking will show rapid eye jerking when the eyes are elevated to the maximum level. An individual who is intoxicated will show these jerking movements at less elevated levels as well as will have difficulty tracking with their eyes.
The Walk and Turn test requires an individual who is suspected of drinking and driving to walk nine steps from heel to toe and turn on one foot. The officer looks for clues as the suspect performs the tests. Such clues are inability to balance while listening to the directions, inability to walk heel to toe, inability to maintain walking in a straight line and failure to turn on one foot on the ninth step. As a Boise DUI attorney I see people fail this test all the time, but I might suggest that even a non intoxicated individual may have difficulty performing this one.
The One Leg Stand test requires an individual who is suspected of drinking and driving to stand with one foot elevated about 6 inches above the ground and count by thousands for thirty seconds. As the suspect counts, one-thousand one, one-thousand two etc, the officer looks for wobbling, swaying, hopping or putting your foot down. Two or more of these indicators, according to the NHTSA, suggests the individual has an 83% chance of having over a .08 BAC. Again, as a Boise Criminal Lawyer I see individuals charged with DUI failing this test regularly. And, again, I would suggest that most people, especially the older you get, will fail this test.
DUI officers are trained to look at the three tests individually and as a whole. When looking at the results of all three tests they get what is known as a Combined Measures. With this they look at all three tests and evaluate the likelihood that the failures of the individual tests equal a DUI.
So, these are the standardized tests to establish probable cause for arrest on DUI. The two most frequent questions Boise Criminal Lawyers get are, "Are they effective and Can they be challenged?".
According to the NHTSA, when comparing percentage of those actually found to have a BAC of greater than the legal limit from 1981 v. 1998, the accuracy of the tests due to training increased substantially. In 1981, when the legal limit for driving under the influence was .1, the accuracy for field sobriety tests were: HGN - 77%, WAT - 8% and the OLS - 65%. The Combined Measures resulted in an 81% accuracy arrest for DUI. In 1998, when the legal limit had been reduced to .08, the results were: HGN - 88%, WAT - 79%, and OLS - 83%. This translates into a Combined Measure accuracy of 91%.
In light of the NHTSA accuracy statistics can a DUI Attorney still challenge the results. Absolutely. There are many factors which can go into failing a field sobriety test. Some examples of this are medical conditions such as vertigo or eye disease. Medications which have not legally impaired your ability to drive may make your balance on one leg questionable or cause you to have light sensitivity which could effect the HGN. Criminal Lawyers will ask an individual charged with driving under the influence if they have any conditions which might impair their ability to take a standardized field sobriety test, but if you are pulled over on the suspicion of DUI and have a condition which might effect you performance, you should always let the officer know.
If you have been charged with DUI in Idaho and need to speak to a Boise DUI Attorney or an Idaho Criminal Lawyer, please call (208) 472-2383.
In addition to DUI and Criminal Law, Kershisnik Law offers representation in a variety of areas including divorce, custody, family law, probate, wills, estate planning, small business law, personal injury and employment law. If you need to speak to a Boise Divorce Attorney, a Boise Probate Attorney, or an Idaho Personal Injury Lawyer, Employment Lawyer or Small Business Attorney, give us a call and see what we can do for you.
Boise DUI Attorneys are always asked what the standard field sobriety tests are and if they are valid. The National Highway Traffic Safety Administration (NHTSA) developed three standardized tests to determine if there is probable cause to arrest an individual suspected of DUI. Standardizing the tests ensures consistency.
The three standardized tests are the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT) and the One Leg Stand (OLS). These tests are used once an officer has probable cause to pull an individual over on suspicion of DUI. Once pulled over the officer administers the three standardized tests which provide the evidence for probable cause to make a DUI arrest and administer a breathalyzer test.
Boise Criminal Lawyers may challenge probable cause for the initial pulling over as well as the probable cause based on the results of the field sobriety tests. Attorneys use challenges to probable cause to exclude evidence. Once the evidence is excluded the prosecuting attorney, the state's lawyer, may or may not have enough evidence to go forward to charge an individual with DUI.
The Horizontal Gaze Nystagmus works on the principle of eye muscle control. An individual who has not been drinking will show rapid eye jerking when the eyes are elevated to the maximum level. An individual who is intoxicated will show these jerking movements at less elevated levels as well as will have difficulty tracking with their eyes.
The Walk and Turn test requires an individual who is suspected of drinking and driving to walk nine steps from heel to toe and turn on one foot. The officer looks for clues as the suspect performs the tests. Such clues are inability to balance while listening to the directions, inability to walk heel to toe, inability to maintain walking in a straight line and failure to turn on one foot on the ninth step. As a Boise DUI attorney I see people fail this test all the time, but I might suggest that even a non intoxicated individual may have difficulty performing this one.
The One Leg Stand test requires an individual who is suspected of drinking and driving to stand with one foot elevated about 6 inches above the ground and count by thousands for thirty seconds. As the suspect counts, one-thousand one, one-thousand two etc, the officer looks for wobbling, swaying, hopping or putting your foot down. Two or more of these indicators, according to the NHTSA, suggests the individual has an 83% chance of having over a .08 BAC. Again, as a Boise Criminal Lawyer I see individuals charged with DUI failing this test regularly. And, again, I would suggest that most people, especially the older you get, will fail this test.
DUI officers are trained to look at the three tests individually and as a whole. When looking at the results of all three tests they get what is known as a Combined Measures. With this they look at all three tests and evaluate the likelihood that the failures of the individual tests equal a DUI.
So, these are the standardized tests to establish probable cause for arrest on DUI. The two most frequent questions Boise Criminal Lawyers get are, "Are they effective and Can they be challenged?".
According to the NHTSA, when comparing percentage of those actually found to have a BAC of greater than the legal limit from 1981 v. 1998, the accuracy of the tests due to training increased substantially. In 1981, when the legal limit for driving under the influence was .1, the accuracy for field sobriety tests were: HGN - 77%, WAT - 8% and the OLS - 65%. The Combined Measures resulted in an 81% accuracy arrest for DUI. In 1998, when the legal limit had been reduced to .08, the results were: HGN - 88%, WAT - 79%, and OLS - 83%. This translates into a Combined Measure accuracy of 91%.
In light of the NHTSA accuracy statistics can a DUI Attorney still challenge the results. Absolutely. There are many factors which can go into failing a field sobriety test. Some examples of this are medical conditions such as vertigo or eye disease. Medications which have not legally impaired your ability to drive may make your balance on one leg questionable or cause you to have light sensitivity which could effect the HGN. Criminal Lawyers will ask an individual charged with driving under the influence if they have any conditions which might impair their ability to take a standardized field sobriety test, but if you are pulled over on the suspicion of DUI and have a condition which might effect you performance, you should always let the officer know.
If you have been charged with DUI in Idaho and need to speak to a Boise DUI Attorney or an Idaho Criminal Lawyer, please call (208) 472-2383.
In addition to DUI and Criminal Law, Kershisnik Law offers representation in a variety of areas including divorce, custody, family law, probate, wills, estate planning, small business law, personal injury and employment law. If you need to speak to a Boise Divorce Attorney, a Boise Probate Attorney, or an Idaho Personal Injury Lawyer, Employment Lawyer or Small Business Attorney, give us a call and see what we can do for you.
Friday, April 22, 2011
Boise Divorce Attorney -Idaho Family Law Lawyers - Boise Custody Attorneys
Kershisnik Law, (208) 472-2383, Boise Divorce Attorney, Idaho Family Law Lawyers, divorce, custody, modification, child support, family law.
As a Boise Divorce Attorney I often get calls concerning child support. There are many issues surrounding child support. They can be pursuant to a divorce or a custody proceeding or any other variety of scenarios. A frequent situation that I am involved in regard to Medicaid or other state assistance.
When a parent is receiving state funds or insurance through TAFI, or aid to needy families, there are certain rules that apply to child support. If you are receiving aid you are required to assign your right to child support payments to the state. Any monies you are owed pursuant to a divorce, custody or paternity order must be paid to the state in exchange for the support they are providing you in relation to TAFI.
This is an important point because as a Boise Divorce Attorney I often hear disparaging comments from people insinuating that a party is receiving child support from them and Medicaid or food stamps or the like. This simply is not the case.
If you need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please call (208) 472-2383. You can also visit our website and fill out the quick contact form and one of our attorneys will get right back to you. There you can tell our lawyers how you would like them to contact you.
As a Boise Divorce Attorney I often get calls concerning child support. There are many issues surrounding child support. They can be pursuant to a divorce or a custody proceeding or any other variety of scenarios. A frequent situation that I am involved in regard to Medicaid or other state assistance.
When a parent is receiving state funds or insurance through TAFI, or aid to needy families, there are certain rules that apply to child support. If you are receiving aid you are required to assign your right to child support payments to the state. Any monies you are owed pursuant to a divorce, custody or paternity order must be paid to the state in exchange for the support they are providing you in relation to TAFI.
This is an important point because as a Boise Divorce Attorney I often hear disparaging comments from people insinuating that a party is receiving child support from them and Medicaid or food stamps or the like. This simply is not the case.
If you need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please call (208) 472-2383. You can also visit our website and fill out the quick contact form and one of our attorneys will get right back to you. There you can tell our lawyers how you would like them to contact you.
Monday, April 4, 2011
Boise Probate Attorneys, Family Law Lawyers, Boise Divorce Attorneys
Boise Probate Attorneys, Family Law Lawyers and Boise Divorce Attorneys, call (208) 472-2383
As a Boise Probate Attorney I am always preaching about the importance and the benefits of writing a will. A will, along with an estate plan, helps you to distribute your property and your wealth the way you want upon your death.
As a Boise Divorce Attorney, I am also always reminding people that they need to change their wills if they get a divorce.
Settling your estate in probate after a divorce can get complicated and expensive for your heirs if the will is not cleaned up after divorce. Failure to remove property that you no longer own or failure to remove your ex spouse's name and include your new spouse leaves your estate open to attack. In probate, the will of the testator is an important factor, but there is nothing more clear than removing your ex spouse's name from the will.
Take the advice of a Boise Divorce Attorney, before you need a Boise Probate Attorney. Always change your will if you have gotten a divorce.
If you need to speak to a Boise Divorce Attorney or a Boise Probate Attorney, please call (208) 472-2383. You can also visit our website for helpful information concerning divorce and probate. Here you will find a quick contact form. You can fill out the form and one of our attorneys will get right back to you.
As a Boise Probate Attorney I am always preaching about the importance and the benefits of writing a will. A will, along with an estate plan, helps you to distribute your property and your wealth the way you want upon your death.
As a Boise Divorce Attorney, I am also always reminding people that they need to change their wills if they get a divorce.
Settling your estate in probate after a divorce can get complicated and expensive for your heirs if the will is not cleaned up after divorce. Failure to remove property that you no longer own or failure to remove your ex spouse's name and include your new spouse leaves your estate open to attack. In probate, the will of the testator is an important factor, but there is nothing more clear than removing your ex spouse's name from the will.
Take the advice of a Boise Divorce Attorney, before you need a Boise Probate Attorney. Always change your will if you have gotten a divorce.
If you need to speak to a Boise Divorce Attorney or a Boise Probate Attorney, please call (208) 472-2383. You can also visit our website for helpful information concerning divorce and probate. Here you will find a quick contact form. You can fill out the form and one of our attorneys will get right back to you.
Friday, April 1, 2011
Boise Divorce Attorney - Boise Family Law Lawyers - Idaho Criminal Attorneys - Family Lawyer - Criminal Lawyer
Boise Divorce Attorney Lawyers, Boise Custody Attorneys Lawyers, Boise Criminal Lawyer, Idaho Family Law, call (208) 472-2383, divorce, custody, family law including modification, visitation, child support, termination, adoption and domestic violence and all crime in Idaho.
As a Boise Divorce Attorney I regularly get calls about domestic violence and crime effecting the marital state. These crimes often revolve around divorce. There are two categories of violence effecting the marital state. The first is domestic violence. Boise Divorce Lawyers see this as a regular part of their divorce practices. In the case of domestic violence a party or their lawyer will file for a temporary restraining order. Attorneys file for an ex parte hearing. What this does is allows the person who is alleging abuse to get an expedited hearing and the restraining order in place before any harm or before further harm is done. These are often used in the divorce context because the marital union is breaking down. They often also involve custody disputes. Judges, and Boise Divorce Attorneys, however, do not like it when these are used in an attempt to keep the other partner away out of spite, rather than for true threat of violence.
Once a temporary restraining order has been put in place, the party against whom the order is issued is given an expedited hearing so that they or their divorce lawyer can present evidence why the order should not stand. If the judge finds there are no grounds for the temporary order he or she will dismiss it. If the judge, however, finds grounds a no-contact order will be issued. This means that the parties are to have no contact, except through their attorneys for necessary things like those things pertaining to the divorce or custody.
Another situation where crime enters the marital union and where it may be necessary to have a Boise Criminal Lawyer in addition to your Boise Divorce Attorney, is malicious injury to marital property. This is a fancy name for intentional and malicious destruction of community property assets. This is a crime in Idaho and the penalty depends upon the value of the property, or the aggregate value of the properties destroyed. If the value is $1,000 or less, the penalty carries up to a 1 year jail sentence, a $1,000 fine or both. This is a misdemeanor charge. If the value of the property is greater than $1,000 there is a minimum 1 year but up to 5 years in prison, up to a $1,000 fine and the crime is a felony.
If this issue is raised in the divorce context within the divorce court, a judge may deal with it there. Boise Divorce Attorneys often see destruction of property as an issue in divorce court. The issue will be dealt with as a criminal law issue in criminal court if a criminal complaint is filed. Filing the criminal complaint will require contacting the police and filing a report. If the complaint is warranted, the police will forward the complaint to the prosecuting attorney, the state's lawyers, and charges will be filed.
If you need to speak to a Boise Divorce Attorney or a Boise Criminal Lawyer, please call (208) 472-2383 or visit our website. At our website you will find a quick contact form. If you fill it out, one of our attorneys will get right back to you. Please be sure to tell our lawyers the best way to contact you.
As a Boise Divorce Attorney I regularly get calls about domestic violence and crime effecting the marital state. These crimes often revolve around divorce. There are two categories of violence effecting the marital state. The first is domestic violence. Boise Divorce Lawyers see this as a regular part of their divorce practices. In the case of domestic violence a party or their lawyer will file for a temporary restraining order. Attorneys file for an ex parte hearing. What this does is allows the person who is alleging abuse to get an expedited hearing and the restraining order in place before any harm or before further harm is done. These are often used in the divorce context because the marital union is breaking down. They often also involve custody disputes. Judges, and Boise Divorce Attorneys, however, do not like it when these are used in an attempt to keep the other partner away out of spite, rather than for true threat of violence.
Once a temporary restraining order has been put in place, the party against whom the order is issued is given an expedited hearing so that they or their divorce lawyer can present evidence why the order should not stand. If the judge finds there are no grounds for the temporary order he or she will dismiss it. If the judge, however, finds grounds a no-contact order will be issued. This means that the parties are to have no contact, except through their attorneys for necessary things like those things pertaining to the divorce or custody.
Another situation where crime enters the marital union and where it may be necessary to have a Boise Criminal Lawyer in addition to your Boise Divorce Attorney, is malicious injury to marital property. This is a fancy name for intentional and malicious destruction of community property assets. This is a crime in Idaho and the penalty depends upon the value of the property, or the aggregate value of the properties destroyed. If the value is $1,000 or less, the penalty carries up to a 1 year jail sentence, a $1,000 fine or both. This is a misdemeanor charge. If the value of the property is greater than $1,000 there is a minimum 1 year but up to 5 years in prison, up to a $1,000 fine and the crime is a felony.
If this issue is raised in the divorce context within the divorce court, a judge may deal with it there. Boise Divorce Attorneys often see destruction of property as an issue in divorce court. The issue will be dealt with as a criminal law issue in criminal court if a criminal complaint is filed. Filing the criminal complaint will require contacting the police and filing a report. If the complaint is warranted, the police will forward the complaint to the prosecuting attorney, the state's lawyers, and charges will be filed.
If you need to speak to a Boise Divorce Attorney or a Boise Criminal Lawyer, please call (208) 472-2383 or visit our website. At our website you will find a quick contact form. If you fill it out, one of our attorneys will get right back to you. Please be sure to tell our lawyers the best way to contact you.
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