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Attorney

Does Fighting a Restraining Order Go on Your Permanent Criminal Record?

This topic is one of the things which worries fathers who are fighting a restraining order during a divorce – and quite rightly too. Unfortunately during some custody battles, your ex’s lawyer will advise her to file a bogus allegation of abuse to justify filing a restraining order complaint… which also means the access to see your kids is immediately withdrawn in 99% of cases.
As if that situation isn’t worrying enough, the sad fact is that if the order becomes permanent, it will be marked in your permanent criminal record.
Basically, unless you can stop the “ex parte” (temporary) order becoming permanent, areas of your life that you haven’t even dreamed of will be affected by this little black marker against your name. That’s why fighting a restraining order during divorce is so important, and not just for the sake of your children.
To file the order against you, it will have been lodged in your home state. If it is granted permanently, its conditions are enforceable nationally. There are no exceptions, because order enforcement is covered under the US Constitution’s ‘Full Faith and Credit Clause’.
The next stage is when the law agency in your home state make the order live on the national law enforcement database, the National Crime Information Center registry (NCIC). The NCIC is a national electronic database which is accessible to all American law enforcement agencies.
You may be wondering what the implications are of failing to win a dismissal when you’re fighting a restraining order. After all, if it’s just a marker on a computer database, fighting the restraining order might not be too important, right? Wrong – that’s a dangerous way of thinking. Sure, your custody battle is extremely important. Your divorce process should be a priority, to make sure you don’t end up homeless and bankrupt.
But getting the restraining order should be a starting point for those battles to be won. Apart from swamping you in paperwork and adding an extra layer of complication to the legal process, having a restraining order against your name has wide-reaching implications.
Firstly, you will experience extra checks at customs when you fly. You will not be allowed to own or be near any firearms or “other hazardous materials” (and if you work in security or trucking, that means goodbye to your job). You will live with being accused of violating the restraining order at any time – which, if your ex is spiteful enough to file an order in the first place, should be expected.
Finally, any employers who conduct a criminal background check will see the report with the flag against your name, but not the details of the case – and it’s a standard procedure now to make this check on your criminal record before offering you a job. Employers will often not bother querying the facts around the case when they see your report, and you won’t get a chance to explain that your vindictive ex filed a bogus restraining order abuse allegation in order to win custody of your kids.
Because of all of that, it’s vitally important that you get the restraining order rescinded as soon as possible. Thousands of fathers are succeeding every week on this, and you can be one of them.…

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Civil Law

Understanding Criminal Charges and the Benefit of Hiring a Defense Lawyer

Los Angeles defense lawyers are called upon when a prospective client is being charged with a case in which they must make a defense for. The can be either a civil or criminal case, but you will find that many lawyers specialize in one or the other.
The need for legal assistance is not an uncommon situation in Los Angeles, as large cities simply have more people, thus a higher chance for crimes or claims will occur. Legal offenses occur in many forms and can vary on the scale of severity, such as traffic offenses, theft, and murder. The ultimate goal of a Los Angeles attorney is to make sure that their client’s story is heard and to obtain the best outcome possible, preferably in the form of an acquittal, or discharge.
The defense lawyer is an important part of the legal process. Along with the judge, the prosecuting attorney, and jury, the defense lawyer ensures that all sides are presented. The many nuances and intricacies of the California penal code and Los Angeles municipal code require the assistance of a competent advocate. It is the Los Angeles defense attorney understands and navigation through the local courts that improves the client’s chances.
When a criminal charge is brought against a person, it will eventually end up in a court trial. The phrase “innocent until proven guilty” is put into action full-force when it comes to a trial, as it is the prosecuting attorney’s job to try to prove a defendant is guilty by providing evidence of such. It is not uncommon for cases to be dropped due to lack of evidence. A defense lawyer will be able to help you mount a good resistance against a prosecuting attorney’s accusations.
When searching for a Los Angeles defense lawyer, you will want to make sure that you do a background check on any possible attorneys to make sure they are qualified to handle your case. It is advised that you attend a consultation with many different lawyers and ask plenty of questions so that you may discern which would be best for you. If you are afraid that your case might be particularly difficult, you might want to seek a specialty firm that deals with cases similar to yours. If you’re lucky, you might be able to hire a defense attorney who has also done work as a prosecutor, in which case he/she will have a good understanding of what you are to face from the prosecuting party and plan the defense accordingly.…

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Family Law Attorney

The Search For a Good Criminal Attorney

Most Nevada residents can go through their entire lifetime and never have the need of a Las Vegas criminal attorney. However, incidents can happen where you should be consulting an attorney in order to make certain that your rights are protected and that you have the best possible representation. Even if you are guilty of a criminal act, the laws of the United States and the State of Nevada provide for the assumption of innocence unless you are proven guilty.
Finding the right attorney should not be undertaken by drawing a name out of a hat. The attorney should be one who specializes in criminal law rather than other types of legal practice. Only an attorney who has experience in trying criminal cases will be up to date on all the laws and nuances that may help to prepare and present your legal defense.
Obviously, the first requirement of an attorney is that they are licensed to practice law in the state where they are needed. Attorneys must sit for and pass a comprehensive bar exam in order to be accepted as an accredited and practicing attorney in the state. Most attorneys must have some experience in criminal law before they are ready to defend clients in criminal cases.
In order to gain experience in courtroom cases, the criminal attorney may be an associate with a firm and serve in a second chair position for several trials or cases. They may do part of the questioning of witnesses, or provide detailed facts for the first chair attorney. As the attorney gains experience, they may be assigned clients for lower level criminal cases.
In addition to the necessary experience, your choice of a criminal lawyer should be one that you feel personally comfortable in talking about your case. An attorney that comes across as abrupt, harsh, or uninterested in the facts of the case will be one that you may have a hard time trusting. When you contact an attorney, have a preliminary conversation to see how the two of you relate to each other. Large firms may have several junior attorneys that would be able to represent you ably.
With today’s tools on the Internet, you can easily research potential attorneys to be part of your defense team. You can usually find educational background and areas of specialization within the overall criminal law boundaries. Check for membership in the State Bar Association or organizations dedicated to further standards of representation. You can check their websites to determine that the individual you are considering is a member of the bar.
You will need to determine what the cost of the attorney will be. Legal fees can be very steep, depending upon the nature of the crime and how much time the attorney expects to spend working for your case. Some attorneys charge a certain amount to handle all aspects of the case. Other attorneys charge an hourly rate and bill you by the time spend on your case.
When you choose a Las Vegas criminal attorney, you should shop around until you find the one that you can work with. The results of a criminal case could affect you and your family for years to come. Finding the best one possible will be your best hedge against more serious consequences.…

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Common Law

Ensuring That You Have An Experienced Criminal Lawyer

If you have ever been in a situation where you were accused of committing a crime that you did not commit then you certainly understand the stress that this can cause. Further you might find that you need to hire a great Atlanta criminal lawyer. So there are a few things that you should know in order to be able to ensure that you have the best representation. If you are working with the right lawyer you will be able to get out of the situation much quicker than if you were to handle things on your own.
Once you have hired someone to represent you changes are going to be apparent. It is going to be easier for you to get necessary information about the case as well as to get hearings and other necessary appointments set. Since you have found yourself in trouble it is important to have someone on your side who can successfully back you up.
Now criminal lawyers that are known for being good do not always come at a fair or even reasonable price. In some cases they are going to be extremely expensive. If you are not ready to invest some money into your future then you might find yourself facing harsher punishments.
One of the best things to think about when it comes to expense is that you can not spend your money while you are in jail. So sometimes it is a good idea to spend your money trying to avoid jail time. Even though it is expensive once you have found a great lawyer you will be happy that you invested your money in your future freedom.
One of the first jobs that your lawyer can do is to help you to get out of the situation that you are currently in. If you are in jail then you might be able to get out on bail and if you are stuck on house arrest you might be able to move about freely or freely within specific time constraints. It is a legal requirement that police allow you to contact your attorney immediately.
Another great advantage to hiring a lawyer is that it gives you someone to bond and trust when times are the toughest. You will actually have someone you can talk to openly and freely about the case and what your involvement was. Plus the lawyer can advise you of things that could potentially incriminate you or make you look guilty even when you are not.
Of course when you are in a situation where you want to clear your good name it is always hard to understand what to say and what not to say. Sometimes you might actually find that trying to clear your name only lands you in more trouble. So you should really be aware of the legal actions that could be made against you and your lawyer can help you with this.
So if you find yourself in trouble the first thing that you should do is start looking for a great Atlanta criminal lawyer. This can really help you to get out of trouble and to stay out of jail. This is something that is definitely worth your time, energy and money to help secure and save your future.…