- How should I prepare for my meeting with the lawyer?
- What happens when there is an arrest?
- Can I represent myself? What can a lawyer do for me?
- Can the police ever search me without a warrant?
- What is the difference between assault and battery?
- What is involuntary manslaughter?
- Can child custody orders be modified?
- How is the amount of alimony determined?
- What is a will?
- Why should I have a will prepared?
- What is a living will?
- What is a power of attorney for a health case?
- What is a power of attorney for property?
How should I prepare for my meeting with the lawyer?
Before the meeting, make notes about your legal situation so you can easily go over the important points with the lawyer. Bring the names, addresses and telephone numbers of everyone connected with your case (including witnesses), as well as all the papers involved in your case. Some lawyers may ask to see the papers before the meeting. If the one you're meeting does, fax everything the lawyer requests as quickly as possible so he / she has enough time to go over it all before meeting with you.
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What happens when there is an arrest?
Once an arrest has occurred, and before asking you any questions (other than your name and address), law enforcement officers must provide your "Miranda warning". They go something like this:
"You have the right to remain silent. Anything you say may be used against you in a Court of law. You have the right to an attorney. If you can not afford an attorney, one will be provided for you."
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Can I represent myself? What can a lawyer do for me?
You can represent yourself — although it is not a good idea. "Drunk driving" is a very complex field with increasingly harsh consequences. There is a minefield of complicated scientific, procedural, evidentiary, constitutional, sentencing and administrative license issues.
What can a lawyer do? A qualified attorney can review the case for defects, move to suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, negotiate for a lesser charge or reduced sentence, obtain expert witnesses for trial, contest the administrative license suspension, etc.
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Can the police ever search me without a warrant?
Yes. There are numerous circumstances under which a search may lawfully be made without a warrant. Some general areas of exception where a search can be made without a warrant are:
- If the safety of the police officer is involved
- Whether the police are in hot pursuit of a criminal
- When they see illegal evidence in plain view
- If they are doing temporary questioning
- If a person consents to being searched and / or if they have made a lawful arrest
What is the difference between assault and battery?
If the victim has been actually touched by the person committing the crime, then battery has occurred. If the victim has not actually been touched, but only threatened, then the crime is considered to be assault.
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What is involuntary manslaughter?
Involuntary manslaughter generally occurs in only two cases. The first is when someone is killed due to criminal negligence, and the second is when someone is killed during the commission of another crime, where the intent was not to cause bodily injury or death (this is often called "misdemeanor manslaughter").
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Can child custody orders be modified?
Yes. Child custody rights can be modified for a number of different reasons. For example, if there has been a significant change in circumstances that greatly affects the parent's or child's life such as relocation, employment change, residence, or marital status, then a request to modify the child custody decree can be made in court.
Ex-spouses can also voluntarily decide to modify their custody order by agreeing to the changes and putting them in writing. Keep in mind that oral agreements are not binding in most states and difficult to prove.
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How is the amount of alimony determined?
Alimony, or spousal support, is determined by a set of guidelines, standards, and precedents that vary from state to state. In most divorce cases, a court determines the amount of alimony that is fair and reasonable depending on a number of factors.
Some factors that are taken into consideration before the amount of alimony is determined include, but are not limited to:
- The needs of both spouses based on the standard of living established during the course of the marriage
- The skills of the supported spouse, including the education or training that is necessary to develop certain skills, and the need for education or retraining to achieve more marketable skills or employment
- The contribution of the supported spouse as a homemaker
- The age, physical, mental, and emotional state of heath of each spouse
Furthermore, a judge will assess any economic situation of either spouse that would enable him / her to reach a proper and just decision.
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What is a will?
A will simply is a formal declaration of how you desire to have your property distributed after your death. Contrary to common belief, your property does not "go to the state" if you do not have a will. However, without a will, your property will be disposed of according to state law, which may or may not comport with how you would like it distributed.
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Why should I have a will prepared?
In addition to having control of the disposition of your property, leaving a will is an indication of your thoughtfulness. Not only does it show that you thought and cared about your beneficiaries, but also that you cared enough to keep the administration of the estate free of unnecessary burdens. A will can help avoid or reduce taxes or other complications.
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What is a living will?
A living will makes known your desire that your life should not be artificially postponed in the event you have an incurable and irreversible injury, disease or illness.
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What is a power of attorney for health care?
A written instrument in which you appoint someone to be able to make health care decisions for you, in the event you are unable to do so. You are generally able to specify your opinion regarding prolonging your life in the event of incurable and irreversible injury, disease or illness.
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What is a power of attorney for property?
A written instrument in which you appoint someone to be able to engage in business transactions for you, in the event you are unable to do so. In the event you are incapacitated, if you have a properly prepared power of attorney, your agent can continue to attend to your business and transactional matters.
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106 S. 7th, Suite 301
St. Joseph, MO 64501
Office: (816) 233-7775
Fax: (816) 232-5059
