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.

Beware of Las Vegas attorneys like "Tony the Tiger"

Las Vegan Anthony “Tony the Tiger” Lopez has, as of July 17, 2012, transferred to “Disability inactive status” with the State Bar of Nevada, which means he is no longer licensed to practice law in the State of Nevada. Therefore, Anthony Lopez cannot practice law in Nevada.  The Tiger is resting.

Anthony Lopez had billboards and radio ads focused on the Hispanic population, which he misled.  He had one billboard, for example, prominently displayed on Nellis Blvd. near Stewart, on the East Side of the Las Vegas Valley.  He called himself "Tony the Tiger" like the mascot for a cereal company.

Anthony "Tony the Tiger" Lopez Jr. was previously reprimanded for running a radio ad that "grossly misstated the law."  The Nevada Supreme Court reprimanded Anthony Lopez for a 10-second Spanish-language radio ad that said, "If you have had an auto accident, by law you have the right to receive at least $15,000 for your case.” The Las Vegas Review-Journal and the Associated Press reported on the story.

When attorneys engage in this kind of inappropriate advertising, they are hurting the legal profession in at least two ways.  The first, is that they are unfairly gaining clients that other attorneys could be getting by lying to the clients.  The second, once the clients learn they are being ripped off, they no longer trust lawyers.

When you are thinking about hiring an attorney, it is very important for you to hire the right attorney for you and your case.  This is why The Jacks Law Group encourages you to consult with several lawyers, including us, prior to hiring an attorney.  Some lawyers have no fear in misleading their own clients, which is unethical.  We believe that our clients deserve the truth, even if they do not want to hear it.  Remember the old saying, “If it sounds too good to be true, it is probably not true.”  The misleading ads of Anthony Lopez are an example of the “too good to be true” rule.

Law abiding Las Vegas or Henderson citizens accused by police of Crimes.

United States crimes are classified in the general categories of misdemeanors, gross misdemeanors, and felonies. Misdemeanors generally are crimes that are not very serious such as speeding. Gross misdemeanors are crimes that we consider more dangerous or more serious, and felonies are the crimes that generally involve evil intent and victims.

The Supreme Court of the United States has held that police officers may arrest any person if there is probable cause of a crime. It is within the cops' discretion to arrest you if you were speeding in your car, throwing a cigarette on the ground, loitering, and riding your bicycle without using proper hand signals. The probable cause comes from the officer witnessing you committing the crime.  Even for minor crimes like this, you would want a Las Vegas criminal defense attorney on your side.

Some Las Vegas or Henderson police officers will arrest you and justify the arrest in the police report by claiming you were belligerent and they did not believe you would sign the citation in which you would promise that you will show up in court. This could be untrue, but without video footage of the arrest, it is your word against the Las Vegas police officer’s word.

Law-abiding Las Vegas or Henderson citizens who are arrested by the police on minor offenses because they are shocked by the attitude they receive by police who stop them. Surprised at being stopped and at the condescension of the officer, the misdemeanant will say something to the effect of "I know my rights."  When you have been arrested, you will want to keep your mouth shut and contact a Las Vegas criminal defense lawyer immediately.

If you argue with the Las Vegas or Henderson police officer or offer an excuse for you behavior, you could be doing yourself a grave disservice. A common scenario of “gotcha” gimmicks that police employ are like this: a Las Vegas or Henderson police officer stopped this fellow for speeding. The fellow said that he had not seen the speed limit sign, hoping the cop would understand and let him go with a warning. Instead, the Las Vegas or Henderson police officer wrote him the citation for speeding and added another citation for inattentive driving.

Las Vegas or Henderson police officers do not like to hear any lip and can arrest you. Las Vegas or Henderson or police officers do not care that you already feel humiliated that you are being charged with a crime when you believed you were adhering to the law. They do not care that you are a law-abiding taxpayer and you pay for their salary.

Some of the slickest criminals are ex-felons. They understand the police officer psychology and act with the utmost respect toward the officer, saying "Yes sir" and "No sir" and "thank you for informing sir". Even though these ex-felons probably do not pay much by way of taxes and are not responsible for contributing to police salaries, police treat them much nicer sometimes.

If you act like the a sycophant with a Las Vegas or Henderson cop, the Las Vegas or Henderson cop may think you are a convicted criminal, however generally the Las Vegas or Henderson cop will treat you better than if you act like a law-abiding citizen who knows his rights.  After dealing with the police, consult with a criminal defense attorney who practices in Henderson and Las Vegas.

Be calm, courteous, and quiet with Las Vegas or Henderson police officers when stopped. If they harass you, keep your cool or you will fuel their adrenaline and make them more apt to treat you worse.  Then call The Jacks Law Group for legal assistance with your criminal matter.

Remember, for misdemeanor crimes, you will not get a court appointed public defender.  If you want a criminal defense attorney to represent your interests, you will have to hire one in private practice. 

CRIMINAL: Were you lying then or are you lying now?

Whether you committed a crime or not, you have the right to remain silent when being questioned by an authority figure. The right against self-incrimination is a constitutionally protected fundamental right. This article will point out a few of the reasons you should keep your mouth shut.

Reason 1.

The police are not there to help you. They are there to gather evidence against you. Officers will play the good cop by acting like they want to understand you and will be on your side. Then, if you are less than forthcoming, the same cop or another one will become angry and attempt to threaten you into confessing. Do not fall into these traps.

The officers might act like they are just conversing with you. The fact is that they want to gather sufficient evidence so that they have probable cause to arrest you, at which point they will read you your rights-but it could be too late already if you confessed. The officers will say that you confessed voluntarily, even if they manipulated you long before they arrested you. Who are you to then stand up in court and call our fine peacekeepers liars?

Reason 2.

Officers can purposefully or negligently miss-write on their reports what you told them. Police reports are considered to be pretty good evidence in court. When you take the stand and recount under oath the events leading up to your arrest and what you say does not match up with the police report, the District Attorney can then ask you the damning rhetorical question of, "Were you lying then or are you lying now?"

Reason 3.

If you told the police anything, whether you are innocent or not, you have just made it much more difficult for your attorney later on to present a theory of the case that could show you are not guilty. By speaking to the officers, you are reducing your possible defenses.

Conclusion

A wise man once said something to the effect of "a person is not condemned by what is put in the mouth but by what comes out of." Therefore, when approached by an officer, be polite, courteous, and quiet.

By Anthony M. Wright, Esq.