Clients approach our Monroe NC divorce attorney with various questions on prenuptial agreements and if they need legal counsel. In certain situations, a lawyer can be especially helpful in protecting your rights.
One of the main points that you need to remember is the importance of being truthful about all debt and assets when drawing up a prenuptial agreement. A fraudulent contract can mean serious legal complications, causing the entire premarital contract to be dismissed.
Each person will need their own lawyer. Even if they want to save money, they should never share counsel. The courts can later say that a conflict of interest arose, which would cause legal complications. In addition, one of the parties could allege that he or she did not have proper legal representation in the event of a lawsuit. This allegation could mean that the court declares the prenuptial agreement null and void and does not enforce it.
Complications in Representation
When only one lawyer attempts to represent both parties, he or she will be put in a position of trying to provide unbiased legal counsel to both individuals. If he or she offers advice, both parties might assume the advice is meant for them, causing serious complications in the case. Even if the parties sign waivers, claiming that they understand the possible complications and revoking their right to a lawsuit, the attorney should refuse to represent them both. It is easier to simply turn down the case from the start since this type of prenuptial agreement almost automatically means eventual litigation. Furthermore, the parties could even take legal action, via a malpractice lawsuit, against the lawyer.
Contact Our Monroe NC Divorce Lawyer
If you want clarification on appropriate legal representation for prenuptial agreements, contact our Monroe NC divorce attorney at the Khan Law Offices.
If you have been charged with a crime and have questions about the bail process, Monroe NC lawyers may be able to explain this information to you.
A criminal attorney in Monroe NC may be able to explain that the federal Constitution prohibits excessive bail, in accordance with the Eight Amendment.
Definition of Excessive
Excessive bail does not simply mean that it more than the criminal defendant can reasonably afford. Instead, excessive bail is that which exceeds the amount necessary that is reasonably calculated to ensure that the defendant will appear in court or achieve other underlying reasons for bail, such as protecting a certain person or the community at large.
Simply because excessive bail is not permitted does not mean that every criminal defendant is entitled to bail. States are able to pass laws regarding preventative pre-trial detention. For example, some states may require detention when a defendant is facing a life sentence or the death penalty. Similarly, state laws may permit preventative pre-trial detention if there is no condition or combination of conditions outside imprisonment that could not reasonably ensure that the defendant will appear or the community will be safe.
Criminal defendants have the right to a speedy trial. A lawyer may argue that a defendant’s constitutional rights have been violated if the defendant is held without bail for too long.
If you would like more information on your constitutional rights, contact a criminal attorney in Monroe NC from Khan Law Offices.
A Monroe NC divorce attorney can explain that although credit card records are often expensive, they are often worth the time and expense of perusing through them. This is because a careful analysis of credit card records can reveal important information that can assist your case. Look for the following information in the credit card records that you have access to in order to reveal infidelity, wasteful spending and deceptive practices regarding your divorce.
Location of Services
Look through your credit card records to determine the location where charges were made. This may include unscrupulous locations, such as gentlemen’s clubs, massage parlors and escort services or websites. Look through this information with a detailed analysis because the business service may not be listed exactly as the name of the business.
Even innocuous charges can help highlight gambling charges, infidelity, wasteful spending or illegal behavior. Look for charges that are made on a routine basis, such as every week or every other Wednesday. Also, look for multiple charges that are made on the same day. The merchant’s location can be revealing. For example, if there is a hotel charge near in time and location to a restaurant charge, this may be evidence of an affair. Similarly, charges for airfare to a particular city and a rental city may be evidence of an attempt to hide assets or another family. A Monroe NC divorce lawyer can help analyze credit card records and help determine if these records reveal areas that require further inquiry.
If you would like more information on the information that you can glean from credit card records, contact a Monroe NC divorce attorney. A family law attorney from Khan Law Offices may be able to help go through credit card records to uncover behaviors that may be relevant to your divorce or family law case.
A Monroe NC Criminal Attorney Discusses the Value of Letters of Support
When the time comes for sentencing, a judge in a criminal trial has much to consider. Of course, the nature of the offense and any previous convictions are paramount, but the heartfelt letters that friends, co-workers and family may provide can have a positive impact on the judge’s ultimate decision.
Acknowledgement of the Conviction
To be clear, when it comes to sentencing, the judge is no longer interested in hearing any excuses about the defendant’s behavior or expressions of doubt regarding guilt; that matter is closed. What will get the judge’s attention, however, is an honest letter acknowledging the conviction with a reason why, despite that, the defendant deserves some consideration.
Provide the Letters before the Sentencing Date
The most effective strategy is to have all the individuals who can assist write their letters well ahead of the day the sentence will be entered. The defendant’s attorney can deliver them to the judge so that the judge can spend some time and read them at his or her convenience. Once sentencing day arrives, it will be difficult, if not impossible, to change the judge’s mind.
Contact a Criminal Attorney in Monroe NC for Legal Advice
Letting the judge know that the defendant has a support system can be a critical factor. Asking for mercy in an appropriate and proper manner may result in a show of mercy. For any criminal law concerns, call the Khan Law Offices, a Monroe NC criminal attorney group, at 704-774-6426.
While going through a divorce is of course much different than experiencing the loss of a spouse, psychologists have found that the grieving process is similar. A Monroe NC divorce lawyer may discuss the potential feelings that you experience during this time in your life.
Stages of Grief
A family lawyer in Monroe NC can explain that there are five stages to grief. The first stage is shock as a person is in immediate disbelief that there is an impending end to their marriage contract. Similarly, the second stage of grief is denial as the person grapples with the possibility of this occurring.
The next stage is anger. During this stage, a person may be unreasonable and influenced by rage.
The next stage is bargaining. This is when spouses may promise to change so that the divorce does not occur.
Finally, as the person comes to grips with the idea, he or she may experience depression. During the depressed period, spouses may stop fighting and just give the other spouse whatever he or she is asking for in the divorce.
Going through the Grief Process
The grief process is different for everyone. Some people may skip stages or be delayed at one particular stage, such as anger or depression. Additionally, people may move back and forth between the stages. For example, a father may have moved through all of the stages of grief and finally reached the point of acceptance. However, he may slip back into the anger stage when he learns that his wife is reneging on a joint custody agreement and now only wants him to have every other weekend visits with his children.
If you would like more information on this topic, contact a Monroe NC divorce lawyer from Khan Law Offices to set up a confidential consultation.
A Union County criminal attorney may discuss the following topics with his or her clients who are facing sentencing.
Location of Incarceration
This factor in sentencing will have direct and indirect consequences to the defendant. Jails and prisons vary widely in terms of the programs they offer and the risk of being incarcerated in one of them. Defendants will want to have lower security levels because discipline is less severe, they have fewer restrictions and fellow inmates tend to be less dangerous. The pre-sentencing report often helps determine the ultimate location of incarceration. The judge may also recommend a particular location for incarceration.
Some institutions do not allow inmates to bring legal papers or books with them directly from the courthouse. Defendants should discuss this issue with their Union County criminal attorney to determine how they will have contact with their legal advisor. Visitors It can be difficult to arrange for an inmate to have visitors. Additionally, it often takes a substantial amount of time to make these arrangements. Spouses and immediate family members may have greater rights than other individuals.
Some inmates are allowed to self-report to a facility by providing for his or her own travel. This ability helps future inmates avoid being transferred to and from multiple jails and prisons. A criminal defense lawyer may request that the defendant be able to self-report if he or she was released on bail during the proceedings. In exchange, the government saves the cost of having to transport another inmate.
If you would like more information on other factors to consider at sentencing, contact a Union County criminal attorney from Khan Law Offices.
As part of your divorce, you and your spouse will need to divide the marital estate. Your Union County divorce attorney can explain how this process works with each type of asset. Household furnishings may comprise a significant proportion of your marital belongings.
There are two competing theories on the value of such items as furniture, kitchen goods, linens and other decorations. One theory is that these goods lose their value quickly after they are opened. They retain very little of their purchase value, as observed by anyone who visits a yard sale or thrift store. The second theory is that these goods are necessary to live and replacing them with new items is expensive. The spouse who is keeping the item may try to have apportioned a smaller monetary value to the item. However, the other spouse may try to use the replacement value of the item because this is usually significantly more. The economic standard that is traditionally applied to household goods is the fair market value. However, a Union County family lawyer may recommend using an alternative valuation system.
One alternative way to value such goods is to determine the utility value of each good. This may mean splitting items so that each person walks away with enough items to have a functioning household. This method allows each person to walk away from the marriage with at least some of the items that they will need in their next stage of life.
A judge does not have to decide the value of every item that the couple owns. The parties can agree to the value of their goods to reduce the cost of litigation. This may involve researching the second-hand value of the items or having an independent appraisal of the items.
If you would like more information on how household furnishings are divided in divorce proceedings, contact a Union County divorce attorney from Khan Law Offices.
The Fifth Amendment provides a significant right to individuals suspected of committing crimes. A criminal attorney in Monroe NC can explain when this right is triggered and how it can protect you.
After police arrest a suspect, they must read him or her Miranda rights. This reading triggers a suspect’s right to speak counsel and to otherwise remain silent. Once a suspect clearly and unambiguously requests a lawyer, police interrogation must immediately stop. Police cannot approach the suspect again until his or her counsel arrives. If the police begin the interrogation again without legal counsel being present, any statements made during this time are presumed to be involuntary and are not admissible at the suspect’s trial.
Asserting the Fifth Amendment
The majority of courts have held that the Fifth Amendment right to counsel is only triggered when a suspect is in police custody and is being interrogated. The United States Supreme Court has held that even if an attorney states that he or she represents the defendant, this statement does not trigger the Fifth Amendment right. A criminal attorney in Monroe NC can identify other times when a criminal defendant has a right to have his or her lawyer present, such as during a police line-up. When asserting the right to counsel, be sure that the statement is clear and direct.
If you would like to learn more about the Fifth Amendment or other rights that you have regarding criminal investigations, contact a Monroe NC criminal attorney at Khan Law Offices.
During your divorce it is very possible that you will be deposed by the other side. As will be seen, there are a number of reasons for taking a deposition. Your Union County divorce attorney may also depose the other party as well.
What Happens in a Deposition?
If your spouse’s attorney chooses to depose you, the meeting will probably take place in a conference room at his office. Your Union County divorce lawyer will be present, as will a court reporter, who will record the proceedings. During the deposition you will be asked a number of questions. Your lawyer can object to any that are improper, but the following are typical questions that may be asked:
- What is your name, age, date of birth, and address?
- Where do you work and how much do you make?
- What other compensation and benefits do you receive?
- Describe any real and personal property you own.
- What bank and retirement accounts do you hold? Investments?
- Is there a family business from which you derive compensation?
- What is your budget and lifestyle?
- Describe your employment history.
- What is your education?
- What is your current living situation?
- How is your relationship with your children? Do they have special needs or health concerns?
- Have you been involved in any adverse behavior?
- How did your marriage break down?
What Purpose Does a Deposition Serve?
There are a number of reasons why the other attorneys may depose you. For one, they may want to probe how accurate and truthful your testimony is. Also, when you give an answer, your testimony becomes locked in place. In other words, if later on you change your answer, this can be brought up to the judge and used to call into question your truthfulness.
Finally, a deposition tests how well you hold up under pressure, and whether you will likely make a good witness.
For Help with Your Divorce
If you are divorcing it is very important that you work with an experienced and knowledgeable Union County divorce attorney. Call Khan Law Offices today.
A Union County criminal attorney can explain that law enforcement must submit a written affidavit or have sworn oral testimony before a judge will issue a search warrant. This warrant must meet several key requirements.
The evidence that law enforcement presents must demonstrate that the officer has probable cause to believe that a crime has been committed. Additionally, the affidavit must request that the court provide law enforcement with a warrant to search the specific location where potential evidence of a crime or contraband would be located. The warrant must provide specific details about the place that is permitted to be searched and the items that are being sought. Additionally, the warrant must state when the warrant should be executed.
Good Faith Exception
There is a good faith exception that allows evidence to be seized if it was taken in good faith reliance on a warrant. However, a Union County criminal attorney can explain that the Supreme Court of the United States has held that there are several times when this exception will not prevent the suppression of evidence. For example, the exception will not apply when the magistrate who issued the warrant was misled by information contained in an affidavit that the person who supplied the affidavit knew was false. Another time when the exception will not apply is when the magistrate participates in the search and directs officers to seize items not included in the warrant.
If you would like more information on search warrants, contact a Union County criminal attorney from The Khan Law Offices by calling 704-774-6426.