Aug 30 2015

Who Can I Talk To About My Criminal Case

Remain Silent

The most basic concept underlying the lawyer-client relationship is that lawyer-client interactions are privileged, or private. This suggests that legal representatives cannot reveal a criminal clients’ oral or written statements (nor attorneys’ own statements to clients) to anybody, including prosecutors, companies, friends, or family members, without their client’s permission. It does not matter whether defendants admit their guilt or insist on their innocence; Attorney-client interactions are confidential. Both court-appointed legal representatives and private defense attorneys are similarly bound to preserve client confidences.

Beyond the attorney-client relationship, you can compromise the privilege or your “right to remain silent” by doing any of the following:

1. Speaking in a Public Location

Suppose you discuss your criminal case with your lawyer in a restaurant, loud enough for other diners to overhear the conversation. Can they testify to exactly what you stated? Yes. Lawyer-client communications are personal only if they are made in a context where it would be affordable to expect that they would remain confidential (Katz v. U.S., U.S. Sup. Ct. 1967). A defendant who speaks to an attorney in such a loud voice that others overhear exactly what is said has no reasonable expectation of personal privacy and hence waives (gives up) the opportunity. Likewise, individuals who discuss their cases on mobile phone in public locations run the risk of losing confidentiality.

2.Jailhouse Conversations by means of Phone

Jailhouse discussions between the accused and their criminal lawyers are thought about confidential, as long as the conversation takes place in a private area of the jail and the attorney and defendant do not speak so loudly that jailers or other prisoners can overhear exactly what is said.

Exactly what about phone conversations, either in person (speaking on phones, separated by a glass partition) or using a pay phone? Defendants must be really mindful not to allow jailers and even other criminal prisoners to overhear exactly what they say on the telephone. These people occasionally eavesdrop, in person or on the telephone, and after that declare that they had the ability to overhear incriminating info due to the fact that the accused spoke in a loud voice. (Criminal inmates often aim to curry favor with district attorneys through such techniques.) If a judge thinks them, the opportunity is lost and a jailer or other prisoner can testify to an offender’s remarks.

In some cases, jailers warn an alleged criminal that phone calls are or might be monitored. That warning alone might indicate that telephone call between prisoners and their legal representatives may not be privileged. If a jailer monitors a call and overhears a prisoner make a destructive admission to the prisoner’s legal representative, the jailer can most likely affirm to the offender’s statement in court. Losing Your Right to Confidentiality: Welcoming Others to be Present.

For completely reasonable factors, the accused criminal often desire their father and mothers, partners, or buddies to be present when they seek advice from their attorneys. Does that mean that the discussion will not be thought about private?

The legal representative can keep the benefit by encouraging a judge that it was necessary to include the unfamiliar person in the conversation. If the 3rd party can shed light on the case or otherwise assist the criminal lawyer establish a method, that person’s presence would not damage the privacy of the discussion.

3. Sharing the Conversation with Others Later on.

A blabbermouth criminal accused of a crime waive (give up) the confidentiality of lawyer-client interactions when they divulge those statements to somebody else (aside from a spouse, since a different benefit exists for spousal communications; most states also acknowledge a priest-penitent privilege). The accused have no expectation of privacy in discussions they reveal to others.

The Bottom Line.

The only person that you should discuss your criminal case with is your criminal attorney. You must also be mindful of your surroundings and circumstances so that you do not inadvertently divulge damaging information about your case to third parties. You should not tell your friends or family about your criminal case either.

Aug 30 2015

How is Child Support Determined

How California Child Support is Calculated

California family court judges primarily look at two factors when calculating child support:

1. Each parent’s income

2. Time spent by each parent with the child/children

However, many other factors that can affect child support amounts including: child care expenses, mortgages, taxes, and other bills and obligation that affect the family’s financial situation.

Judges have very little discretion in setting child support amounts, they must all follow the same guidelines when calculating child support. This formula is complicated and the only practical way to calculate it is but use of court approve software. You and your spouse are required to provide accurate information from which the ultimate monthly amount will be determined. This information is subject to the judge’s approval as it is common for parents to distort their income or debt situation to tip the scale in their favor. However, an attorney from the Law Offices of Marc Grossman will fight to insure the correct information is obtained to determine your child support amount. With our help, the court will see through the charade and order a fair and reasonable amount of child support.

Whatever child support is ordered, it will continue until the child is 18. However, thing happen in life like the loss of job, your spouse starting a new job and other situation where you or spouse’s financial situation has changed. If something like that occurs, you should ask the Law Offices of Marc Grossman to assist you in modifying or re-calculating the child support amount. This can be done at almost anytime but should be done immediately if you are the one ordered to pay child support and your income drops or you cannot afford to pay the child support due to some change in your financial situation. This is because the child support amount continues to accrue at the last ordered rate until it is modified.

Aug 30 2015

Is It Time To File For Bankruptcy

For many people, filing for bankruptcy can give them a fresh financial start. But if bankruptcy is right for you depends on many factors and consulting with an attorney from the Law Offices of Marc Grossman may be the best the way to find out.

Will Bankruptcy Help?

You should evaluate all of your options before deciding to file for bankruptcy. What types of debt do you have? What are you trying to achieve by filing for bankruptcy? Kepp in mind that a bankruptcy does not discharge all types of debt (priority creditors). If you are trying to get rid a priority creditor but you are otherwise OK financially, a bankruptcy may not do you any good. In other situations, creditors may be willing to work with you so that you can avoid bankruptcy altogether.

Can You Qualify for Bankruptcy?

The most common bankruptcies are Chapter 7 and Chapter 13 and both have specific eligibility criteria. For a Chapter 7, you must be able to show that your income is below the means test threshold. For a Chapter 13, there are limits on the amount of debt, the amount of real property and your disposable income.

Are You Being Sued?

Creditors and other people may sue you to collect money that you owe them. If a you are being sued you should immediately contact the Law Offices of Marc Grossman. Bankruptcy will stop most lawsuits and stop garnishments and other levies and attachments but you must act quickly. Many times once your account has been levied it is a struggle to get it back. After filing for bankruptcy, an automatic stay goes into effect. The automatic stay will stop almost every collection action or lawsuit against you and eliminate the associated debt.

Are You Being Foreclose on or Repossess Your Property?

Secured debt like a house or car may be foreclosed on or repossessed if you fall behind on payments. However, in most cases filing for bankruptcy will stop all such actions at least temporarily. Your attorney from the Law Offices of Marc Grossman can often use this time to negotiate with your lender to save your home or car. Not every home or car can be saved but the sooner you call your lawyer, the better the chances are that you can save your property.

How Much Property Do You Own?

In most cases you will not lose any personal property by filing bankruptcy. However, there are limitations on the value of the property that you can retain. The law provides exemptions for many different categories of property. The Law Offices of Marc Grossman will discuss those exemptions with you and assist you in determining if your property exceeds the exemption. You may determine that filing for bankruptcy isn’t appropriate for you at this time.

Aug 30 2015

How To Workout A Reasonable Child Custody Arrangement

10 Rules to Workout a Reasonable Child Custody Arrangement

You and your can’t get along well enough to stay married so how are you supposed to workout a reasonable child custody arrangement. These 10 rules won’t solve all of your problems but they may help ease some of the tension and help you workout a child custody arrangement that you both can live with.

Rule #1: Both parties have equal rights to child custody.

Not so long ago in California and most other states, child custody was almost always given to the mother with dad only receiving visitation, usually every other weekend. Well, times have changed. In the first three quarters of the 20th century, dads had a relatively modest role in child rearing. The feminist movement of the 60’s and 70’s brought about a major shift in the traditional parenting roles. Women began to work more and more outside of the home and so dads had to step up and assume some of the roles that mom had handled. At first the Ward Cleavers’ of the world resented their new family job assignments but, soon Ward Cleaver (Leave It to Beaver) became Mike Brady (Brady Bunch) became Jason Seaver (Growing Pains), who became Philip Banks (Uncle Phil, Fresh Prince), until today where we have Cameron Tucker and Mitchell Pritchett (Modern Family). Most modern dads embrace being a dad and enjoy their parenting time and mom and dad both work full-time. As times change and social norms with it, the child custody laws and judges’ dispositions have changed as well. Modern child custody laws in California give mom and dad a equal footing (at least in theory). Mom is no longer presumed to be the custodial parent. Dad, if he is able and willing, has as much right to custody as mom. Today 20-30% of all divorce cases have end with a near equal amount of custody being vested in both parents. Those dads who do not end up with a even split of custody time, usually end up with nearly 40% custody. What does that mean? It means mom should not assume that because she gave birth to her child that she can dictate the terms of custody and dad should expect to have a significant role in the child’s life. Coming to terms with these realities will help you arrive at a reasonable child custody arrangement that works for everyone.

Rule #2: Hold your tongue

Competitors in sports often “talk smack” in an effort to gain a psychological advantage over their opponents. Unfortunately, the same is true with divorcing parents. Its over, the end of the relationship has come and emotions are high but if both parents can resolve to be civil, the issue of child custody will be easier to address. Remaining cordial will make the divorce proceeding as a whole will go more smoothly, it will cost you much less in attorney’s fees and it will make it easier on your kids by not having to live with the drama. Being civil and cordial is a decision that you can make. Let your attorney do the fighting; you keep a pleasant smile and tone to your voice. Even if your spouse is acting like someone from the Exorcist, if you do not respond in kind, eventually your spouse will run out of steam and start behaving more rationally. Now, the most important part of this rule: LEAVE YOUR KIDS OUT OF IT. They are unwilling participants in your competition so using them as your messenger or saying hateful things about your spouse to them is nothing short of cruel. It may make you feel like you are getting even with your spouse but what you are really doing is almost guaranteeing your child will have issues in their relationships in the future but, more about that later.

Rule #3: It all about your kids.

The decision to get a divorce may have been yours but child custody is about what is objectively best for your kids. Your kids need o have significant and meaningful, regular contact with their parents. You may feel as though the kids are better off with you and, under some circumstance that may be true. However, if your spouse is not abusive, does not take your kids to a drug deal and does not drink and drive with the kids strapped to the roof, they have a right to see the kids often and, moreover, the kids have a right to see both parents often. Let your ego and hatred for you spouse go and think objectively and rationally about what is best for your kids. If your kids are old enough to understand and if they are emotionally capable of handling it, you can ask them what they want to do. Maybe some days it will be, “I want to see daddy” and some days it maybe, “I want to see mommy” but whatever it is, try to listen to them and respect their wishes whenever possible.

Rule #4: Know your limits and respect the limits of your spouse.

Divorcing parents often want to fight for as much time as they can get despite the fact they do not have the ability to care for the kids during that time. How silly is it when one parent says, “I am available at that time, I can take care of the kids,” and the other parent fights for the same time slot even though it means that the kids will go to a babysitter instead of the other parent. If you known it is unlikely that you will be able to care for the kids during a particular time and your ex is willing and able to do it, do yourself a favor and let your spouse take care of the kids.

Rule #5: Don’t over step your custodial time

Kids have nearly an unlimited list of activities in which they can participate. Some, like school, are not optional but, others, like karate or the chess team, are not mandated activities. What activities your child should participate in and when is not your decision alone. Before you sign your kid up for little league, you must discuss it with your spouse and workout the details. You do not have the unilateral right to sign the kids up for activities that infringe on your spouse’s custody time of their ability to see the kids without first consulting with them.

Rule #6: You may not like them but that doesn’t mean they are a bad parent

So your ex can’t remember to put the seat down or they can’t resist a shoe sale even if it makes them late for an important meeting, that does not make them a bad parent. The kids may come home from dad’s with a dirty face or mom may forget to send back the new jacket that you bought for them to wear but that does not make them bad parents. If your kids are safe, have a place to sleep, plenty to eat and receive lots of love from your ex, that is all that will matter in 10 years. Don’t judge your ex or try to make them measure up to your standards. You are getting divorced for those reasons. Let your ex and your kids love each other in their own way.

Rule #7: Communicate don’t escalate

Come to terms with the fact that you must deal with your ex on one level or another until your kids are at least 18 years old and probably long after. Come up with a system so that the two of your will have minimal contact at first until emotions have cooled. Share a calendar on Google or some other online calendar that is strictly for the kids. Use Google Drive or DropBox to save and share important documents like birth certificates, vaccination records, insurance cards, notices of from school and sporting events and even report cards. When you share documents using one of these tools, it will email your spouse notifying them that something new has posted or changed. This will keep you both informed will minimizing the chance for conflict and misunderstandings. Many divorced couples continue to use a system like this for years because it is easy and convenient.

Rule #8: Don’t fight over stupid things

Parenting is tough when you live together but the level of difficulty goes way up when the kids are with dad sometimes and mom others. It would be great if both parents had the same style and household rules but the reality is, that rarely happens. This gives rise to many conflicts but the vast majority of those conflicts are rooted in something completely unimportant. Take a breath and a step back and ask yourself if what you are upset about is going to matter in 10 years. If the answer is “no” then take two chill pills and let it go. Scream into your pillow or take up kickboxing to relieve the pent up hostility but to direct it at your spouse when the object of your vexation is of equal importance to squeezing the toothpaste from the bottom or if the toilet paper feed over or under the roll.

Rule #9: Listen to your kids when they are not talking.

We already talked about listening to your kids when they are talking about custody issues but it may be just as important to observe their behavior when they are not talking. They did not get a vote in your decision to get divorced and they will likely have very conflicted emotions over the it. When kids are under stress or dealing with the loss of their established family, kids may act out or become isolated. They may cry or act angry. These are all symptoms of emotional disturbances. It makes matters much worse if the kid feels like they are being made to choose. Start by seeking some counselling for them but also ask them if they would like to go see their other parent. It may help to relieve some stress if they know that they do not have to choose. Give them the emotional freedom to choose when they would like to see mom or dad. If it isn’t possible for them to see their other parent, a distant second to seeing them is to call or Skype with mom or dad.

Rule #10: Review and reassess your child custody agreement

As kids grow, things change. Different activities and obligations will dictate changes in your child custody arrangement. Use the above rules to work through adjustments in your custody agreement as needed. Be flexible and make your kid’s best interests the primary factor in every child custody agreement.

Aug 30 2015

Divorce Court is Expensive-Try a Settlement Conference

There are three primary reasons that divorce cases settle:

1. Exhaustion –

Divorces are mentally, physically and emotionally taxings. People often end up throwing up their hands and surrendering out frustration and fatigue.

2. Expense –

Divorces often end when the parties run out of money. The more two individuals fight in court, the more it will cost. A single court appearance can run into several thousand dollars not to mention the time off from work to attend the hearing. If you cannot resolve your divorce disputes by a settlement, you will spend up to 10 times more than someone who settles.

3. Control –

If they can afford it, some couples will go all the way to the brink of trial before finally agreeing to settle. This is usually because their attorney finally convinced them that going to trial means giving up control. A judge, not the parties, will decide custody, support and property issues. The court has guidelines established by law that they adhere to whereas if you reach a reasonable settlement, you and spouse have much more flexibility.

Spouses may negotiate their settlements agreements through direct communication, indirectly through their attorneys, in mediation through the collaborative divorce process or during a court sponsored settlement conference.

Most California courts require settlement conferences before the parties to a divorce, legal separation or dissolution of a domestic partnership may schedule their case for trial.

Clearly divorcing parties should take advantage of settlement conferences as they provide the opportunity to save money, decrease stress, and spend less time entangled in divorce proceedings.

Here are 10 things to help you in a divorce settlement conference:

1. Know the real issues.

Primarily divorce issues fall into one of four categories in California divorces, legal separations and the dissolutions of domestic partnerships. They are child custody, child support, spousal support and property division. Sit down and consider these four categories before your settlement conference. It is a good idea to narrow things down to the really important issues, the lessor issues will tend to resolve themselves and wasting time on them at your settlement conference will only prolong it. You should know your bottom line on the important issues and consider how your spouse may respond to your demands. Make sure that you have communicated your important issues to your attorney and that your lawyer knows your bottom line.

2. Listen to your lawyer about the law.

After having communicated the important issues of your divorce, legal separation or same sex marriage dissolution, you should listen to what your family law attorney advises about your case. A good divorce lawyer will tell their clients how the law applies in their case. You may find your important issues are not in conformity with the law or that you are unlikely to prevail on a particular issue if the matter was to go before a judge.

3. Know what it will cost.

It is a good idea to ask you divorce, legal separation or same sex marriage dissolution for an estimate of how much it will cost to take your family law case to trial. Knowing how much more that you will need to pay before attending a settlement conference will help you to determine how flexible you may need to be. If you cannot afford a trial or do not wish to spend your money in such a way, you may soften your position on somethings at the settlement conference.

4. Almost anything is possible.

If you are able to reach a settlement at a settlement conference, you will not only save money but you may be able to work out an agreement that would be unlikely in court. A judge is limited by law but the parties can agree to almost any terms. This means that an agreement can be made where on paper it may seem imbalanced but the parties themselves want it to be so.

5. Hold your cards until the last minute.

Never go into a settlement conference prepared to lay out your bottom line demands from the start. It is best to go in with higher demands knowing that you will give in to many of them. If you go in with your bottom line demands then you will be left with no room for concession.

6. Hold firm to your resolve.

When you say “hold firm to your resolve” or “remain determined” to a party to a divorce, legal separation or same sex marriage dissolution, that person will usually take that to mean that they shouldn’t give in to their demands. But, in this context it means that you should remain determined to settle your matter at the settlement conference.

7. Give a little to get a little.

You must understand one basic premise of every divorce, legal separation or same sex marriage dissolution, which is that the two of you had things together that collectively added up to more than what either of you will receive from the divorce. What each party will receive at best is something less than one half of the community assets. Similarly, child custody may be divided up. You will not have the same property after the divorce as you did during the marriage and you will not see your kids as often as did during the marriage. Knowing this going in to your settlement conference may help you to prepare mentally to let some things go to your spouse so that you may in turn receive some concessions from them.

8. Give it time.

It is not uncommon for settlement conferences to take several hours or even several days to reach an agreement. Often settlement conferences end in a stalemate but, the attorneys will likely keep the discussion going. As long as the parties continue to communicate and try to stay reasonable, there is hope for a settlement.

If you are in a divorce or if you are considering a divorce, the Law Offices of Marc Grossman will give you clear, concise legal opinions for free. Simply complete one of the contact forms you will find on our website or call 855-LOMG-911 to speak to a family law specialist now.