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Child Abuse Lawyer in San Luis Obispo

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Child Abuse Lawyer in
93401, 93402, 93403, 93405, 93406, 93407, 93408, 93409, 93410, 93412
4 Strategies To Help Your Lawyer Enable You To When you really need an attorney for any excuse, you have to work closely together so that you can win your case. Regardless of how competent these are, they're going to need your help. Allow me to share four important strategies to help your legal team enable you to win: 1. Be Totally Honest And Up Your lawyers need and expect your complete cooperation - no matter what information you're planning to reveal for them. Privilege means everything you say is held in confidence, so don't hold anything back. Your legal team should know all things in advance - most especially information one other side could find out about and surprise you with later. 2. Provide Meticulous Records Keep a continuous and factual account of all the information associated with your case. Whether it's witnesses or payments being made, provide your attorneys with all the current data they must help them to win. 3. Turn Up Early For Many Engagements Never be late when you're appearing before a court and avoid wasting the attorney's time, too, when you are promptly, whenever. In reality, because you may want to discuss last minute details or even be extra prepared for the way it is you're facing, it's smart to arrive early. 4. Demonstrate That You Have Your Act Together If you've been responsible for any sort of crime, it's important so as to convince the legal court that you both regret the actions and so are making strides toward boosting your life. For example, if you're facing a DUI, volunteer for the rehab program. Be sincere and included in the neighborhood the judge is presiding over. Working more closely along with your legal team increases your probability of absolute success. Try this advice, listen closely to how you're advised and ultimately, you should win your case.

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Should I Be Leary Of Lawyers That Charge Consultation Fees?
I Know, I Know...Time Is Money. However Shouldn'T A Qualified Lawyer Be Able To Give Me Some Indication That My Case Has Merit Over The Phone? I Spoke With The Lawyer'S Secretary Or Legal Assistant On The Phone (Can'T Remember Which), But Not To Him Directly. After Reviewing The Details Of Our Conversation With Him, She Called Back And Ask If I Would Like To Schedule A Consultation....For $250/Hr. Now If The Lawyer Truly Believed My Case Had Any Merit, Souldn'T He Offer To Consult With Me For Free? Or Am I Just Paraniod After Hearing So Many Negative Comments About Lawyers And Their Integrity. Sorry In Advance If My Question Offends Any Lawyers Out There, That Is Truly Not My Intention.

Usually, you can expect a lawyer to review the basic facts with you over the phone, by email etc. If he/she thinks you need to sit down and explain in more detail in order for them to help you and possibly represent you, they will ask you to meet and have a consultation. This visit typically takes 30 min to an hour and you do have to pay for it. If you case is complicated, requires a lengthy explanation, etc. it is not unjustified for them to ask you to come in for a consultation, however, it should be offered to you at a reduced rate or for a set fee (which is lower than their hourly rate). So, if a lawyer in your area typically charges $300 an hour to work on your case, you can expect a consulation charge to be $150-200. Good Luck! And I hope you don't need a lawyer afterall!

Dwi/Dui Australia Visa Acceptance?
My Dwi Was Considered A Misdemenor Not A Felony And It Happened 3 Years Ago( Not Within The Last 12 Months). Do You Think That If I Fill Out All The Right Paper Work That I Will Have A Problem, Getting A Visa To Plan A Visit April 1St? I Have Called Immigrations There But They Will Give Me No Information.. Any One Know Or Can Contact Anyone To Put My Soul At Ease On This Situation. I Have Already Bought My Ticket And Am Very Concerned.. Thanks Rachel

A DWI is a felony in the US. I wish I could put your mind at ease, but I can't. All you can do is apply for the visa and keep your fingers crossed. If you get questioned about it, be honest. That actually works better than trying to hide things...especially since 9/11.

If it makes it any clearer....here is Condoleeza Rice's memo to all consulates regarding DUI/DWI convictions.

R 072132Z JUN 07
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE
RUEHTRO/AMEMBASSY TRIPOLI 3805
BT
UNCLAS STATE 079496

E.O. 12958: N/A
TAGS: CVIS, CMGT
SUBJECT: GUIDANCE ON PROCESSING VISA APPLICANTS WITH DRUNK DRIVING HITS


1. Summary: This cable clarifies how consular officers should handle cases where an applicants' criminal record shows an arrest or conviction for drunk driving or other alcohol related offence. End summary.

2. Posts generally become aware of drunk driving arrests and convictions after receiving the results of fingerprints taken when an applicant has a CLASS hit. While a drunk driving conviction is not a statutory visa ineligibility, a conviction may indicate that further investigation is needed to determine whether the applicant may in fact be ineligible under Section 212(a)(1)(A)(iii). This applies to applicants who have a physical or mental disorder and demonstrate behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others.

3. In the case of IV applicants, consular officers must refer the applicant back to the panel physician for additional evaluation. Physicians are evaluating for the presence of a mental disorder previously unnoticed before the physician became aware of the alcohol-related arrest. NIV applicants that have hits with evidence of an alcohol-related arrest or conviction must be referred to panel physicians for evaluation. This must be done even if the panel physician is physically located in another city.

4. After consulting with the Center for Disease Control and Prevention, we have determined that consular officers must refer applicants to panel physicians in two circumstances: (1) an applicant has a single drunk driving arrest or conviction within the last three calendar years or two or more drunk driving arrests or (2) convictions in any time period. Consular officers must also refer applicants to panel physicians if there is any other evidence to suggest an alcohol problem. Consular officers must adhere strictly to these guidelines in determining when a panel physician referral is appropriate.

5. For a finding of eligibility under Section 212(a)(1)(A)(iii), there must be two criteria established by the panel physician: (1) diagnosis of mental disorder (alcohol abuse) and (2) current harmful behavior associated with the mental disorder or a history of harmful behavior associated with the mental disorder that is judged likely to recur in the future. Consular officers should be aware that neither alcohol abuse or (DWI) drunk driving are sufficient grounds for an ineligibility finding under Section 212(a)(1)(A)(iii), a panel physician evaluation is required.

6. Section 9 FAM 40.11 N8.3 will be updated as follows:

While alcoholism constitutes a medical condition, INA 212(a)(1)(A)(iii) does not refer explicitly to alcoholics or alcoholism. Evaluation for alcohol abuse or dependence is included in the evaluation for mental and physical disorders with associated harmful behavior. An alcoholic is not ineligible to receive a visa unless there is harmful behavior associated with the disorder that has posed, or is likely to pose, a threat to the property, safety, or welfare of the alien or others. To ensure proper evaluation, you must refer applicants to panel physicians when they have a single drunk driving arrest or conviction within the last three calendar years or two or more drunk driving arrests or convictions in any time period. You also must refer cases to a panel physician if there is any other evidence to suggest an alcohol problem.



RICE

Legal Custody Advice?
If Someones Parents And That Person Have Joint Legal Custody And That Person Has Visitation Rights As Both Parties Agree. Do The Parents Have The Right To &Quot;Tell&Quot; Them They Only Can See Their Child Once A Week For 30 Minutes? Is That Legal? It Says In Their Paper Work &Quot;Joint Legal Custody With The Parties- To The Grandparents And To This Person- Primary Physical Custody To The Grandparents And Visitation As The Parties May Agree.&Quot; Im Confused Because There Is Nothing In The Paperwork Stating That The Visitation Had A Time Limit And That It Only Has To Be For One Day A Week. If The Other &Quot;Party&Quot;/ Person Doesn'T Agree With That Can'T That Be Brought Before A Judge? I Need Some Legal Advice From Someone That'S Familiar With The System For My Good Friend.

The key phrase in your question is "as the parties may agree." Apparently the grandparents are unilaterally deciding that 30 minutes once a week is what they want. That seems to lack the "may agree" stamp of approval. That's the bad part. The good part is that the parent can go back to the court and ask for a modification of the custody order to specify something else.

Comment: This "may agree" order seems fraught with problems. Custody is always emotional, and that leads to problems. The court should know that vague phrases make for poor orders. Did the court genuinely believe that grandparents would find the other parent a good thing? There's more going on here than you stated. Grandparents don't get custody unless something else is going on. One parent is incarcerated? Missing?

Your good friend needs to contact the family court that issued that order and request a modification of the order. Frequently, custody orders get down to the hour- "Six PM on Friday until three PM Sunday afternoon." And there are also agreements about holidays, birthdays, vacations, etc. Children are the family court footballs in divorces. Everyone agrees on how to split the bank accounts and who gets which car. But no one every is happy with custody. First step, get to the family court. ... Good luck!!

Mccann'S Do 12 Months To Clear Their Name?
Why If The Mccann'S Have Top Lawyers Including Extradition, Millionaire Backers, And Support Of The British Media - Doesnt One Of Them Speak Out About What Happened To Prove Their Innocence Risking The 12 Prison Sentence? This Would Be A Noble Act To Clear Their Names And Probably Impossible To Imprison Them As They Are Allegedly Innocent???

Having top lawyers, millionaire backers and media support doesn't change the law. They haven't exactly done themselves any favours so far, so why land themselves in jail? What about the twins? It wouldn't be noble, it would be stupid. If they are innocent, then they will be cleared by the PJ, and they shouldn't feel the need to shove their press releases down our throats every couple of days. Innocent people should not be worrying about public opinion, because they would know they would be proved innocent sooner or later. They should concentrate on finding their daughter, because if she is found alive, then their innocence is effectively proven anyway. Getting themselves slung in jail is not going to help them find Madeleine, and if they have any common sense (!) they will keep quiet until they can legally speak on the case.

Divorce/Custody, Experience?
I'M Going Through A Divorce And My Spouse Is Contesting Custody. Can You Guys/Gals Share Some Personal Experiences With Custody Battles, For Example, What Happend, What State, How Things Turned Out... I'M Just Nervous And Wondering What Others Have Experienced. Thanks In Advance!

I'm in Illinois.. there were some issues involving him physically abusing me and him being medically able to care for our daughter without supervision (he had severe epilepsy and an explosive disorder) so, joint physical custody wasn't a problem. But, he tried to fight me for joint legal.. in my state, they have to prove you can reasonably make decisions together.. my atty stated that if we went through all the hearings / mediation without being able to agree, and if I came across as reasonable, that I would have sole legal custody too.. I followed his advice, and it came down to the final hearing, but the mediator and his attorney had told him what the law was and what the outcome would be, so while we were waiting on the judge, he agreed for me to have both sole physical and legal custody. I also had pictures of the bruises and cuts he left all over me on a couple occasions, as well as the police report, restraining orders, and mine and my daughter's counselor's recommendations as evidence of what trying to make decisions together was like. After my daughter was born, he didn't hurt me like that.. he would throw things or hit things, but not her or me... until the last day I was there... and that time he came at me in front of her... I was lucky to get out, and to be safe and happy with her now..

Opinions On Child Support?
My Stepson'S Mom Is Taking My Husband For Child Support & We Are Wondering What To Expect. - We Have Ss For A Week & She Has Him For A Week, Repeat - We Pay For Daycare, Camp, Health Insurance, Drum Lessons, Anything Major, Etc - They Were Never Married - She Is Unemployed (Got Laid Off In Nov) - She Has No Driver'S License (Got A Dui) - She Has No Other Children, My Husband Has Our 3.5 Mo Son - She Has An Online Blog (Which I Printed) In Which She Writes About Drug Use, Promiscuity, Etc Since 2005 How Do You Think The Courts Will View This Case & Do You Think That We Could Get Primary Custody? Any Other Insight?

First, you need to know that the child support guidelines are not set in stone. They are just guidelines. You can make a case for not paying so much.

1988 Public Law Record
SEC. 103. STATE GUIDELINES FOR CHILD SUPPORT AWARD AMOUNTS.
(A)(a) GUIDELINES TO CREATE REBUTTABLE PRESUMPTION.-Section 467(b)
of the Social Security Act is amended-
(1) by inserting (1) after (b):
(2) by striking, "but need not be binding upon such judges or other officials;" and
(3) by adding at the end the following new paragraph:
(4) "There shall be a REBUTTABLE presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established the State, shall be sufficient to rebut the presumption is that case."

NEVER pay your child support directly to the mother as it can be considered a gift and not support. Always pay threw the court.

As for the blog, print it out because it can be used as evidence.

♥♥♥♥♥♥♥
I’ve been a Father’s Rights Advocate for 20 years.

Many think the courts are rigged against dads, but in reality, it is more about attorneys unwilling or lacking the knowledge to truly fight for the father's rights. This is why it is important to learn how to interview and hire the right attorney. It is also important to do as much as possible on your own and not pay the attorney to do it.

Part of the problem with getting your rights knowing what to do to prove your case, and how to remind the judge of their responsibilities. Let me start with the judge.

Always take people with you to court who are not there to testify. Make sure they are sitting where the judge can see them, each equipped with a tablet and pen to take notes. It’s best to use a Court Watch Form designed for this purpose. I have one in the manual at Dads House.

If the judge is not doing his job, using the info from this form, you can, appeal, and/or get the judge sanctioned and removed from the case. You file a complaint with the State Supreme Court at your state capital.

Start keeping a daily journal of all your activities. The most common way to prevent a father from getting his rights through the courts is a false allegation, usually sexual. Over 60% of divorcing father are accused of child sexual abuse, of which only 4% are found to have any relevance, but there are no penalties for doing so. A daily journal is your number one piece of evidence in court and you can even refer to it while on the stand.

Gather evidence. Check the site below to see if it is illegal to record conversations without the other person knowing. If your state does not have a law either way, than it defaults to the federal ruling which says one person in a conversation must know they are being recorded. You’re that one person. In Missouri it is specifically legal, in Kansas there is no mention either way. If you live in two different states, and one has a law against it, than it applies when the call originates from within that state,
http://www.rcfp.org/taping/

Now, you can't just record, you also have to transcribe it into the daily journal.

If you want to learn how to do all this go to Dads House in Yahoo Groups. Upon joining, you will receive a link for downloading a free 200 page educational manual that can teach you what you need to know. Take the time to learn what you can and should do.

http://health.groups.yahoo.com/group/Dad...
http://tinyurl.com/GiveKidsAChoice
http://www.fathersandfamilies.org/
http://www.parentalalienation.org/

http://vids.myspace.com/index.cfm?fuseaction=vids.individual&videoid=27395259