Need More? 

BLOG

Oct 10
Love0
Child Support

Child Support Isn’t Just a Formula: Understanding How an Attorney Can Help

By Family law

Child Support Isn’t Just a Formula: Understanding How an Attorney Can Help

Article provided by Tessmer Law Firm

Many people going through a divorce or child custody situation in which child support is involved think that the support amount is determined by the courts through a formula and that both parties have no choice but to accept the outcome. However, this is only half true.

Depending on your state, there likely is a specific worksheet that the courts use to determine the initial child support obligation. Influencing factors include: how much both parents have been making, including any bonuses or overtime pay; health insurance costs, out-of-pocket medical expenses, any childcare expenses; and who gets the federal tax exemption. Once all these numbers have been plugged into the worksheet, it provides an initial amount for the child support.

In almost every case, at least one party is unhappy with the outcome, but it’s at this point that most simply throw their hands in the air and start muttering about the family courts. Rant if you must, but if you believe that the child support obligation is unfair or failed to take into consideration extenuating circumstances, take action.

Your family law attorney is an invaluable resource when it comes to understanding your child support and how, if at all, it may be subject to change. Schedule an appointment to go over the papers from the child support enforcement agency and make sure you understand where the figures for each line came from. For example, overtime and bonuses are usually averaged out based on the past couple of years. Data entry is subject to human error, and it never hurts to take another look over the numbers and make sure they match up with your expectations. If your attorney can’t provide you with a list of factors that warrant an adjustment or makes you feel like you are asking stupid questions, you need another attorney.

In most states, you can request an administrative or court hearing to petition for an adjustment to the initial obligation. You may not be required to have legal representation at these hearings, but you should. Your lawyer is familiar with the judges and proceedings involved in these cases and can walk your through the process. This doesn’t guarantee you will get the outcome you want, but gathering information and understanding your options helps you make an informed decision moving forward.

OAbout Tessmer Law Firm:

Tessmer Law Firm, P.L.L.C. is owned and operated by Heather Clement Tessmer, attorney at law.  She has over 18 years of experience practicing law.

For more information, visit their website: www.tessmerlawfirm.com

Or call them at: (210) 368-9708

7800 IH-10 West, Suite 830
San Antonio, Texas 78230

Oct 05
Love0
Right To Remain Silent

Police Contact?  Exercise Your Right to Remain Silent

By Criminal Law

Police Contact?  Exercise Your Right to Remain Silent

If you’re the subject of a police investigation, you only need to give investigators your name, address and telephone number.  The law doesn’t require you to provide any information beyond that.  It doesn’t matter whether you’re under arrest or not.  You’re strongly advised to exercise your Fifth Amendment right to remain silent and not incriminate yourself if police officers question you about anything.  Never waive that right.  If you do waive it, you’re only giving police and prosecutors more evidence to use against you when seeking a conviction.

How to Invoke Your Right

Regardless of the fact that you have the right to remain silent, you can’t just remain mute.  That could be used against you.  It doesn’t stop the police from questioning you either.  They know that, so they’re going to continue to try and break you. You must clearly and unquestionably invoke your right to remain silent.  In a perfect world, police are required to stop questioning you after you invoke your right to remain silent.  Police are hardly perfect though, and they might continue to interrogate you anyway in efforts to get you to waive your right.  If that happens, continue to invoke your right to remain silent as often as you need to.

What’s Clear and Unquestionable?

The clearest and most unquestionable way for to invoke your right to remain silent is to simply say that you wish to invoke or exercise it. Police officers will lie to you, distort facts or otherwise be deceptive in questioning you.  It’s all perfectly legal for them to do that in order to obtain information or a confession.  The U.S. Supreme Court has decided that the right to remain silent  is sufficiently invoked if under the circumstances, a reasonable police officer understands what you are saying.  Don’t say “I think I want to remain silent,” or “Maybe I shouldn’t answer any questions.”    Those aren’t clear and unequivocal statements.  Just saying “I want to remain silent” has been held to be sufficiently clear.

Always remember that the police officer who is trying to interrogate you isn’t there to help you.  He or she wants to make an arrest.  Even if the suspect isn’t you, it might be somebody close to you.  By invoking your right to remain silent, you’re preserving valuable defenses that you might otherwise waive.  After invoking that right, invoke your Fifth Amendment right to an attorney too.

We know what writing is, so let’s skip that part and how to do my homework move on to editing.

Oct 05
Love0
Agreement Black And White Businesspeople 1282173

Negotiating a Plea Deal

By Criminal Law

Negotiating a Plea Deal

Although all criminal defendants are entitled to a trial, most will instead choose to enter a plea deal with the prosecution. The Department of Justice estimates that over 90 percent of criminal cases in the United States result in plea deals, and these plea agreements have seen similar popularity in countries throughout the world.

Since plea deals have become so prevalent, it is essential for criminal defendants to understand all the options available to them when presented with a potential deal. If you get charged with a crime, you will almost certainly get a plea offer at some point before you go to trial. Most defendants know that they can accept the offer or reject it, but there is an essential third option available to you as well: to negotiate with the prosecutor for a better offer.

 

The Negotiable Aspects of Plea Bargains

In a plea deal, the defendant agrees to admit criminal liability and accept a predetermined punishment. In exchange for you forfeiting your right to a trial, the prosecutor in your case will typically offer to drop or reduce the charges against you or to give you a lighter sentence than you would likely get after losing at trial. That presents several possible avenues for negotiation.

Depending on the charges against you, the prosecutor could offer sentences involving prison, jail, or just probation. You can request that the length of these sentences be shortened, or even ask for probation instead of incarceration. Some prosecutors will be willing to offer longer probation periods in exchange for shorter incarceration lengths.

You can also negotiate which actual charges to which you will be pleading guilty. If you have multiple charges, you can request that some of them get dropped; if you have just one, you can sometimes ask the court to reduce it to a lesser offense.

Finally, you might be able to negotiate fines. Many fines are fixed costs and cannot be negotiated, but others are left up to the prosecutor’s discretion.

 

Mandatory Statutory Punishments

Any negotiations that you enter will be limited by the criminal statutes in your state. Criminal laws commonly include minimum legal sentences, and a prosecutor can never offer you a lesser punishment than these minimums. These minimums can include fines, probation or jail time, and crime-specific consequences such as anger management courses or license suspensions. Your lawyer can help you locate and understand the criminal statutes applicable to your case so that you know the minimum punishment that you are facing.

 

The Importance of a Lawyer

Many defendants believe that a lawyer is only necessary if they are going to trial, but this is incorrect. A lawyer is also essential for the plea deal process, particularly if you plan to negotiate your plea. Criminal defense lawyers are typically familiar with the personalities and negotiation styles of the prosecutors who work at your courthouse. They can use this knowledge, as well as their legal expertise, to negotiate on your behalf and ensure that you get the best possible plea deal.

 

Conclusion

If you have been charged with a criminal offense and are unhappy with the plea offer you receive, you don’t need to reject it altogether. Negotiating for a better plea deal is another viable option. It’s important to note though that a prosecutor is never obligated to negotiate or adjust the plea deal in any way.

You should be careful when entering negotiations because they can lead to revocation of the plea deal, and speaking directly with the prosecutor could be damaging to your case. Instead, conduct all negotiations through a licensed and experienced criminal defense attorney who can protect your interests while getting you the best plea deal you could receive.

pay to do my homework.

Oct 05
Love0
Deportation E1597870600855

How to File a Deportation Appeal

By Immigration law

How to File a Deportation Appeal

If you have been deported from the U.S., you have a right to appeal the decision. To do so, you are encouraged to get a lawyer who is well-versed in the laws regarding immigration. Consider how the process should go before you decide to appeal.

Appeal to the Board of Immigration Appeals

You need to officially file a Notice of Appeal with the Board of Immigration Appeals (BIA). You can do this by mail after filling out the proper form that you can get from the court, or you can appear in-person if preferred. Either way, you must file before the deadline, or else your appeal may not be considered.

On this form, you will have room to discuss the grounds for the appeal, or the reason you should be able to stay in the U.S. You will also need to state whether you will file a brief, which can support your appeal and is therefore encouraged.

Wait for the Decision from the BIA

You should get a receipt from the BIA that will let you know that it received your appeal. You might also get a briefing schedule at this time, which will let you and your lawyer know the deadline for the brief. Transcripts may be sent at this time, too, which will let you know what has occurred during the proceedings.

If you wish to stay in the country during this time, you may be able to get a stay of deportation as you wait for the appeal to be answered. This means you can continue working, going to school, and living life as usual while you wait for a decision. Of course, if you are considered dangerous or a flight risk, you may be kept in custody while a decision is made.

Help Your Case

The BIA may request an oral argument that lets the panel know why you should be able to stay in the U.S. You will be notified of this in advance, so you and your lawyer should prepare a statement ahead of time if you want to help increase your chances of staying in the country. A reputable immigration lawyer should be able to work with you to formulate what he or she should say during the oral argument.

Appeal a Denial

If the BIA happens to deny the appeal, you can take your case to federal circuit court of appeals in your area. If the decision is still against you, it is possible to take the case to the Supreme Court, but it is very unlikely that you will get a chance to do this since this court does not tend to hear immigration cases.

Your best bet is usually to find an experienced immigration lawyer to help you. At the very least, you should prepare for the appeals process as much as possible. You should also keep in mind that it can take months or even a few years to finally hear the decision of the appeal, so be prepared to be patient.