Las Vegas Law Blog | Family | Criminal | Civil: Modifying Child Support in Nevada

Las Vegas Law Blog | Family | Criminal | Civil: Modifying Child Support in Nevada: If you already have a child support order in place, whether it is outlined in a custody order or a divorce decree, and you want to modify ...

Las Vegas Law Blog | Family | Criminal | Civil: Parenting Coordinators and Parenting Coordinator P...

Las Vegas Law Blog | Family | Criminal | Civil: Parenting Coordinators and Parenting Coordinator P...: When parents do not get a long and the level of conflict is very high, the family court judge may order that the parents...

Five things to know about getting free or cheap family legal aid in Nevada

 You may ask yourself, “How can I get a lawyer on minimum wage?”  There are a number of ways to get through the family court process on a shoestring budget.  Here is a list of ideas to assist you.

1.              Clark County Self Help center provides some forms for free to assist you in family law matters, including divorce, child custody, and child support.  However, it is extremely advisable to fill out the forms and then have an attorney review prior to filing them so that you know whether you are affecting your rights and can understand the repercussions.  Furthermore, at the meeting with the attorney, you can clarify the procedure.  You can get a 15 minute free consultation with family attorneys on Thursdays at Family Court, otherwise, there are attorneys that will charge $100 for perhaps an hour long inexpensive consultation.

2.              If you require an attorney for any or all of the court proceedings, you can hire lawyers for limited services, i.e. unbundled services at flat rates.  You can also call the Nevada bar lawyer referral service and ask for a reduced rate attorney, which will charge $75 per hour instead of $250 per hour (meaning you get over three times the amount of work for the price).  Finally, and the hardest but cheapest lawyer to obtain, a free one through Nevada Legal Services.  This last option can take a long time because of the number of people on a waiting list.

3.              Remember, if you represent yourself in family court, you can always hire lawyers for consultations or for limited services such as to conduct the trial or evidentiary hearing.  You may want to save up for the trial, hiring the attorney at least one month ahead of time.

4.              If you are very poor, you may be able to get the filing fees waived.

5.              If your spouse is wealthy, you may be able to get your spouse to pay for your representation or provide you temporary support.  You should always consult with a lawyer long before letting your spouse know you are planning to divorce so that you can prepare.

What to do after a hit and run in Las Vegas.

Its raining in Las Vegas. 

There are a lot of drivers that do not have insurance, are driving under the influence, or are in the country illegally.

Rain increases the number of car accidents.  It also increases the number of people who hit and run.

The moment you get hit, the first thing you should do is memorize the license plate number of the car that hit you--before it disappears.

The person may have insurance or assets and the only way to hold them accountable is by finding them.

Even if they do not have insurance or assets, the police will track them down and make them pay.

Get the license plate number and call us for car accident legal assistance.

If you wonder why you need a private criminal defense attorney...

Here is why you should have a private criminal defense attorney for every single crime, no matter how small -- they add up and you could end up going away for life.

Don't believe me?

Just read some of these articles:


http://www.nytimes.com/2012/12/12/science/mandatory-prison-sentences-face-growing-skepticism.html?ref=us&_r=0

http://en.wikipedia.org/wiki/Lockyer_v._Andrade

http://en.wikipedia.org/wiki/Ewing_v._California

Even the judge may not want to eventually put you away for a long time, but if you have a string of crimes on your record, you can only point to yourself for: 1.  doing the crime in the first place, or 2. not hiring a private criminal defense attorney to protect your rights and possibly reduced the charge or get it dismissed.

Football Lineman Joshua Brent Charged with Homicide following DUI wreck

Everyone is susceptible to getting in trouble for drinking and driving, just ask Cowboys Lineman Joshua Brent whose buddy, footballer Jerry Brown, died because he was driving.  The police allege that Joshua Brent had been drinking and driving and the DUI led to the death of Jerry Brown.  These are big fellows, football players, and they probably thought they could hold their liquor when they got into the car.  Now, because of that decision, one is dead and the other is facing serious criminal charges.

Las Vegas Law Blog | Family | Criminal | Civil: Young Man Says Local Attorney Saved His Life

Las Vegas Law Blog | Family | Criminal | Civil: Young Man Says Local Attorney Saved His Life: A twenty-five-year-old young family man and manager of a local fast food restaurant was charged with a felony non-violent crime....

Do I lose my interest in the marital residence if ...

Hanratty Law Group's Las Vegas Family Law Blog: Do I lose my interest in the martial residence if ...: In divorce cases, typically someone is going to move and the Court understands this; however, there may be some negative ramifications of mo...

Can the Court send me for drug testing in a custod...

Hanratty Law Group's Las Vegas Family Law Blog: Can the Court send me for drug testing in a custod...: Yes! If there are allegations that you or the other Party are using either legal (non- prescribed) narcotics or illegal narcotics, you ca...

Temporary Order for Custody or Support in Las Vegas Family Court

What is a temporary order in Las Vegas family court?

Sometimes fathers call state that they do not have any custody rights because they never established paternity, but the mother is in trouble somehow and custody with father is the only option and it has to be accomplished immediately. These fathers needs a temporary child custody order.

Sometimes mothers state their husband is not in the picture but will pretend to want to be so that he can get preferential custody and avoid child support—but the mother needs the child support immediately to survive with the child because the father, who was the provider, is no longer providing. The mother needs temporary child support order.

The temporary orders will suffice until the court has entered a permanent order following a trial, also called an evidentiary hearing.

Joint Physical Custody in Las Vegas is Complicated

Agreeing to joint physical custody in Las Vegas does not necessarily mean you have joint physical custody.  A calculation of your time share done by a Las Vegas family law attorney will be necessary to ensure that what you agreed to is what you in fact get if a judge is called upon to decide custody sometime in the future.   

In addition, factors such as "necessary flexibility" are important to consider when agreeing to a time share arrangement so that a custody agreement that is less than a 50/50 time share is still deemed joint physical custody.  If necessary flexibility is stated due to work schedules, school schedules, and vacation schedules, then the parents may deviate from a 50/50 arrangement and be as different as a 40/60 arrangement while maintaining joint physical custody in Las Vegas.  

However, once the time one parent has with the child falls below 40% of the year, that parent no longer has joint physical custody but only visitation or noncustodial time.  The custody designations affects such issues as relocation from Las Vegas and Las Vegas child support calculations.

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PUBLIC SERVICE ANNOUNCEMENT

If you already have an attorney who has claimed to be an expert, specialist, or specializes in or has expertise in any area of law in Nevada, The Jacks Law Group will find out whether this is true, free of charge.  Simply send us an e-mail at David.Jacks@me.com and we will determine whether the lawyer's claim specialist or expert claim is true.  To be able to use the words expert, specialist, specialize, or expertise, a Nevada lawyer must have special standing with the Nevada State Bar.  Any lawyer who uses these words on websites, letters, business cards, or any other marketing is in violation of the Nevada Rules of Professional Conduct and the client should be careful.  Experts or specialists charge more for their services because they have expertise and additional yearly costs associated with maintaining their expert level of competence.  If lawyer is wrongfully using this designation, the lawyer may be falsely overcharging and/or not handling your case the way an expert or specialist would.

(702) 834-6300 Driving Under the Influence in Las Vegas

Driving under the influence of alcohol or drugs in Las Vegas is taken very seriously because it causes deaths every year.  The problem is, of course, you may have thought you were perfectly fine to drive when you were pulled over by the police officer and then arrested.

There are reasons this may be the case.  Perhaps you were not drunk.  Perhaps the breathalyzer was wrong.  In any case, because driving under the influence is a crime, the government prosecutor is going to have to prove, beyond a reasonable doubt, that your blood alcohol content was above the legal limit. You therefore need a criminal defense attorney that handles DUIs to check the evidence and look for reasonable doubt.

Self help for Family Law is Available in Las Vegas but an Attorney is Advisable

Self help for family law in Las Vegas or Henderson is available for people who cannot afford an attorney.  People who are in Las Vegas or Henderson and are forced to resort to self help, meaning they file their own paperwork and represent themselves in family court during divorce of child custody proceedings, are still advised to consult with family attorneys to learn what their legal rights are.

Attorneys can provide privileged, confidential counseling to prospective clients and it is entirely possible that you will have to hire an attorney at some point during your family law case, for instance for a trial or an evidentiary hearing.  The Jacks Law Group charges $100 to review your matter and tell you your rights, whether you ultimately have to represent yourself or can afford a Las Vegas family lawyer.

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PUBLIC SERVICE ANNOUNCEMENT

If you already have an attorney who has claimed to be an expert, specialist, or specializes in or has expertise in any area of law in Nevada, The Jacks Law Group will find out whether this is true, free of charge.  Simply send us an e-mail at David.Jacks@me.com and we will determine whether the lawyer's claim specialist or expert claim is true.  To be able to use the words expert, specialist, specialize, or expertise, a Nevada lawyer must have special standing with the Nevada State Bar.  Any lawyer who uses these words on websites, letters, business cards, or any other marketing is in violation of the Nevada Rules of Professional Conduct and the client should be careful.  Experts or specialists charge more for their services because they have expertise and additional yearly costs associated with maintaining their expert level of competence.  If lawyer is wrongfully using this designation, the lawyer may be falsely overcharging and/or not handling your case the way an expert or specialist would.

Five Reasons to Consult a Nevada attorney in Henderson

1.  A Nevada attorney knows the sources of law that affect you, which include:

·      Nevada Revised Statutes,

·      Nevada Constitution,

·      US Constitution,

·      Nevada Administrative Code,

·      Nevada Rules of Civil Procedure,

·      Nevada Alternative Dispute Resolution Rules,

·      Nevada Supreme Court Rules,

·      Nevada Rules of Appellate Procedure,

·      Nevada Rules of Professional Conduct,

·      Eighth Judicial District Court Rules,

·      Las Vegas Justice Court Rules,

·      Henderson Justice Court Rules,

·      Nevada Supreme Court Opinions,

·      Nevada Ethics Opinions,

·      Las Vegas Municipal Code,

·      North Las Vegas Municipal Code,

·      Henderson Municipal Code, and

·      Clark County Codes. 

Are you aware of all these sources of law, how to interpret them, and how they interplay? If not, you need a Las Vegas attorney.

2.   A Las Vegas attorney know how to investigate your legal issue using resources including the:

·      Nevada Secretary of State,

·      Clark County Assessor,

·      Clark County Recorder,

·      Clark County Business Licensing,

·      Clark County Permitting,

·      Las Vegas Business License,

·      North Las Vegas Business Licensing,

·      Henderson Business Licensing,

·      Municipal Courts,

·      Clark County District Court, and

·      Clark County Justice Court.

Do you know how to investigate issues using these government entities?  If not, a lawyer is very useful.

3.   Las Vegas attorneys typically have a minimum of 20 years of education, most of which they excelled in.  After that, Las Vegas lawyers much complete at least 12 hours of continuing legal education every year.  The bar exam topics on the Nevada bar exam include:

·      Agency and Partnership;

·      Community Property;

·      Conflict of Laws;

·      Constitutional Law;

·      Contracts;

·      Corporations;

·      Criminal Law;

·      Criminal Procedure;

·      Evidence;

·      Domestic Relations;

·      Real Property;

·      Remedies;

·      Torts;

·      Uniform Commercial Code (Articles 2,3 and 9);

·      Wills, Estates and Trusts; and

·      pleadings and practices under both the Nevada Rules of Civil Procedure and the Federal Rules of Civil Procedure.

With a Nevada lawyer at your side, you can be sure that you will have someone with minimum competency in many fields.

4.  Many Las Vegas lawyers have seen it all in this town, including every kind of family dynamic, criminal charge, real estate issue, and suffering.

5.  Objectivity and perspective allow good Las Vegas attorneys to anticipate what a judge or jury may do and will bring this insight to the client's attention so the client can make informed decisions.

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PUBLIC SERVICE ANNOUNCEMENT

If you already have an attorney who has claimed to be an expert, specialist, or specializes in or has expertise in any area of law in Nevada, The Jacks Law Group will find out whether this is true, free of charge.  Simply send us an e-mail at David.Jacks@me.com and we will determine whether the lawyer's claim specialist or expert claim is true.  To be able to use the words expert, specialist, specialize, or expertise, a Nevada lawyer must have special standing with the Nevada State Bar.  Any lawyer who uses these words on websites, letters, business cards, or any other marketing is in violation of the Nevada Rules of Professional Conduct and the client should be careful.  Experts or specialists charge more for their services because they have expertise and additional yearly costs associated with maintaining their expert level of competence.  If lawyer is wrongfully using this designation, the lawyer may be falsely overcharging and/or not handling your case the way an expert or specialist would.

Divorcing someone who has more money in Las Vegas.

My husband makes good money and I cannot be married anymore.  Divorce is inevitable.  I don't think I can afford a divorce attorney.  What can I do?

The best advice is to consult with a Las Vegas family law attorney to determine how you will survive when there is an unequal financial power between you and your spouse.  There are several remedies available under the Nevada Revised Statutes and Nevada Supreme Court Decisions.  It is important to consult with a lawyer well before you actually file for divorce so that you can plan.  

You should consider how you will live separately and independently from your spouse and how you will be able to have equal access to community resources so that you can afford a family lawyer.  You must know that this planning is critical because you cannot count on the court helping you with temporary support or alimony.  A divorce lawyer helping you before the court battle can protect your rights.  

Call for a cheap consultation on how to proceed when you ask yourself, Do I need a Las Vegas divorce lawyer?  Family law is complicated.  There are hundreds of Nevada Supreme Court decisions that may come into play and thousands of decisions around the United States.  There are also numerous Nevada Revised Statutes and Rules of Procedure that must be adhered to.  The best advice is to get a divorce attorney in Las Vegas as soon as possible.

You should never use a computer and phone that your spouse has access to while researching legal information regarding divorce online.  Your spouse cannot legally spy on you, but it happens and you may not know it.

DISCLAIMER

The information contained in this blog is for general information only and is not intended to be legal advice for any specific person or scenario.  The best advice is to always consult an attorney in order to have confidentiality and privilege.

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PUBLIC SERVICE ANNOUNCEMENT

If you already have an attorney who has claimed to be an expert, specialist, or specializes in or has expertise in any area of law in Nevada, The Jacks Law Group will find out whether this is true, free of charge.  Simply send us an e-mail at David.Jacks@me.com and we will determine whether the lawyer's claim specialist or expert claim is true.  To be able to use the words expert, specialist, specialize, or expertise, a Nevada lawyer must have special standing with the Nevada State Bar.  Any lawyer who uses these words on websites, letters, business cards, or any other marketing is in violation of the Nevada Rules of Professional Conduct and the client should be careful.  Experts or specialists charge more for their services because they have expertise and additional yearly costs associated with maintaining their expert level of competence.  If lawyer is wrongfully using this designation, the lawyer may be falsely overcharging and/or not handling your case the way an expert or specialist would.

DUI charges and The Jacks Law Group's dedication to education

Attended "Watkins Way" on October 5, 2012 which was a seminar about Driving Under the Influence in the State of Nevada.  The half-day education covered:

fundamentals; 

actual physical control; 

4th, 5th, and 6th amendments of the constitution; 

ex post facto; roadside exercises (field sobriety tests); 

implied consent; 

breath testing; 

retrograde extrapolation; 

ethics; 

double jeopardy; 

proximate cause; 

priors; appeals; and 

DMV.

The Jacks Law Group takes legal education seriously in order  to  have the most up to date information, criminal laws, criminal legal theories, and arguments relevant to defending against DUI charges in Clark County, Las Vegas, North Las Vegas, Boulder City, and Henderson in justice court, municipal court, and district courts.  If you have been charged and arrested with a DUI in Clark County, contact us.  Talk to no one but your defense attorney following your arrest.  Exercise your right to remain silent.

New Las Vegas family court rules coming in 2013.

David Jacks Attended the October 4, 2012 Family Law Bench Bar Meeting:  

Moderators:  Judge Pomrenze and Corinne Price.  

Honored Guest Justice Mark Gibbons. 

Discussion Topic:  Amendment to NRCP 16.2 -Overview of Significant Changes | ADKT No. 476 and NRCP 16.205 | Revised Financial Disclosure Form, Opt-in form and Marital Balance Sheet.

The Jacks Law Group strives to be on top of the changes in family law to ensure clients get competent representation.  If you want to know how current your attorney is on family law, ask if they know about the pending rule changes to NRCP 16.2 which will take effect January 2013.

Dedicated to Continuing Legal Education

Each year Attorney David Jacks spends his time and money to keep current in multiple disciplines of law in order to bring the cutting edge legal principles to his law practice.  So far, in 2012, Mr. Jacks has attended the following continuing legal education seminars in the field of domestic relations, otherwise known as family law:


Nuts and Bolts of Family Law Practice;
Supreme Court Panel: NRCP 16.2 and Advice on Improving your Approach;
The Complexities of Custody: Jurisdiction and Enforcement Prolems under Nevada Law;
Ethics and Very Hard Choices in Evidence;
Drug, Alcohol Abuse and Domestic Violence;
Case and Legislative Update;
Custody and Conflict;
Spy Stuff: Can we use it in Court?

Family Mediation Center and the services they provide.  Joyce Gallina to discuss issues directly regarding recording child interviews, protocols used, qualifications for mediators/interviewers, communications between FMC and the court/attorneys, and pressures/motivators used by mediators to settle cases

Divorce lawyer for Las Vegas.

The Las Vegas divorce lawyer and attorney at The Jacks Law Group can ease the stress of your divorce, custody or child support case in two important ways. 

First, we strive to get you a fair result. 

A fair result means that your assets are evenly divided, support is set at the right amount based upon all relevant facts and your relationship with your children is preserved. Ideally these results can be negotiated, but if the other side is unreasonable, we are tough, experienced advocates who will not back down. 

Second, we try to keep your legal costs low by doing things right the first time, moving your case forward until completion and considering at all times if the results will justify the dollars spent.

Have a Child Custody Decision to make in Las Vegas?

Parents often consider some kind of joint custody. But, determining the type of joint custody is unique to every case. The child's current home, accessibility to family and friends, school, and appropriateness of a living situation are all important factors. Child visitation involves similar consideration of the child's schedule, location, and supervision. We are able to effectively advocate for your rights within the law while keeping your child's best interests in mind.

When children are involved, the stakes go up in any divorce or separation situation. It is imperative that you protect your children and your parental rights during this time. Nevada child custody laws are very specific about protecting the welfare of children. The Nevada divorce and family law attorney at The Jacks Law Group we will help you decide what your best legal options are regarding your children will be after your divorce is settled.