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Cincinnati Divorce Law Blog

Jail Calls

BEWARE! All jail calls are recorded! If you are in jail making a collect call or on the outside making a call to someone in jail, remember that you calls are being recorded. Even though the computerized system informs the inmate that their call is being recorded, many people forget and make a big mistake by talking about things they should not. Police and prosecutors can listen to these calls ... and they do. Do not talk about the facts of your case. Those should be done with your attorney, face-to-face, in a closed room. Do not say anything on the phone that you don't want the judge or anyone in the legal system to hear. Even the smallest thing you say can get you in trouble. Prosecutors can and will use anything they can against you. 

Sexual Harassment in the Workplace

Unfortunately, sexual harassment still occurs in the workplace. This harassment may occur in the form of inappropriate comments, requests for sexual favors, inappropriate touching, and other degrading acts on the basis of sex.

What is a Judgment?

A judgment is a court order, sentence, or decision that has been entered into public record by the court. A judgment can only be entered after a lawsuit has been filed against you. There are different types of judgments.Default Judgments – If you fail to respond to a law suit or some kind of important motion, a default judgment can be granted against you.  For example, if you fail to respond to a claim in the required time and the plaintiff requests a default judgment, the judge can then decide the case in the plaintiff’s favor and enter a default judgment.Consent Judgments – A consent judgment occurs when both parties enter into a mutual agreement to settle the case. These agreements usually contain payment terms and are binding and enforceable.Court Ordered Judgments - There are also judgments entered by court after a decision by the jury or judge.There are several ways a person or company can collect their judgment against you, the debtor. The most common way is to garnish the debtor’s wages or attach the debtor’s bank account or put a lien on the debtor’s real or personal property. If you need help collecting on a judgment or if you believe a judgment has been placed upon you unfairly, contact an attorney immediately.

Can I Terminate My Probation Early?

Being on probation can make your life very difficult. Often, you must stay in the house except for going to work or school, report to your probation officer frequently, perform community service, attend programs, etc.  In Kentucky or Ohio, you can ask to have your probation terminated early. In order to qualify for early termination, certain conditions must usually be met.  These conditions include, paying all of your fines and court costs, finishing all hours of community service that you were order to do, or completion of some type of treatment program. If you have met these conditions, and there have been no other arrests, you may file a motion with the court requesting to terminate your probation early. A copy of the motion must be served on the prosecutor and you must appear in court before the judge to verbally make your request. As usual, it is wise to seek help from a good criminal defense lawyer in filing your motion.

What if I am convicted of a DUI?

If you are convicted of a DUI (Driving Under the Influence), it can really affect your life in many ways. A DUI (now known in Ohio as OVI – Operating a Vehicle while Intoxicated) is very serious and can have many consequences. Some of the immediate consequences of being convicted of a DUI are jail time, having your driver’s license suspended, points on your license, heavy fines and court costs, and even impounding of your vehicle.  But, it does not end there.A DUI conviction will raise your insurance. Your insurance may double or even triple. In most states, your insurance will likely increase for three years and will need an SR-22 form. An SR-22 form is to certify to the state that you have the legally required insurance. When you get an SR-22 form, your insurance company will not categorize you as a high-risk driver. An SR-22 form requires your insurance company to notify the state if your insurance lapses or is cancelled.In addition, a DUI conviction can show up on a background check. In most states, a DUI is both a traffic and criminal violation and cannot be expunged from your record. Therefore, your employer and future employers may be able to see that you have had a DUI.Hiring a lawyer to fight for you in your defense is a must when charged with a DUI. A lawyer can increase your chances of winning the case or negotiating a plea deal. Many plea bargains allow you to plead guilty to a lesser offense such as Reckless Operation and have lesser penalties.  If you have been charged with DUI, it is best to consult with a good attorney.

What If A Police Officer Asks Me To Take A Lie Detector Test?

A lie detector, also known as a polygraph, is a machine that measures a person’s physiological responses when asked a question. The machine can measure your breathing, blood pressure, and perspiration. The accuracy of lie detector tests is highly debated. What if you are giving a truthful answer, but you are simply very nervous about being questioned?If police are asking you to take a lie detector test it usually means they don’t have a great case against you, and they are trying to gather more evidence needed to charge and convict you. The police officer may use the information in its investigation. However, the results of the test may or may not be admissible in court, depending on various factors. Much depends on whether you are in state or federal court, and in which jurisdiction.If a police officer asks you to take a lie detector test, you should immediately consult a lawyer. The police officer can use that information in his investigation and it could be used against you in a court of law.

Making the Decision to Adopt

Making the decision to adopt is one of the most important decisions a person can make in their life.  This decision is unlike many other decisions because it is permanent.  If you buy something and don’t like it, then you return it, or if you married and you are unhappy, you can get a divorce. There is no returning or divorcing a child, it is permanent.  There are many questions you should consider when deciding whether to adopt.Are You Ready to Adopt?If you are considering whether you are ready to adopt, there are several questions you should consider.  First, why do you want to adopt? Answering this question, can help you decide if adopting a child is right for you.  Second, what do you know about adoption? Be informed, read people’s stories, and ask questions - the more you know about adoption the better off you will be.  Third, will you be able to love this child like your own biological child? Some people struggle with this.  Know that it does not make you a bad person, some people just can’t.  Finally, do you know how much adopting a child can cost?  The price can vary, but consider how much your attorney will charge you, what the agency fees are, or if the birth family will have needs.What Kind of Adoption Do You Want?What kind of adoption do you want – open or closed?  Consider whether you would like the birth family to stay in contact with the child or if it would bother you.Consider what kind of child you are willing to adopt?  You should consider if you are willing to adopt a child with special needs, or a child from a different race, or an older child.  All of these questions are important to consider when deciding to adopt. Consult with an adoption attorney to make the process more enjoyable and less stressful.

Questions You Should Ask Before Hiring a Lawyer

At some point in time, almost every person will require the help of a lawyer. If you don’t have a friend in the legal profession, it can be overwhelming to choose from all of the available lawyers. Do your homework. Don’t just call the guy on some television commercial. Interview more than one attorney. Most attorneys will offer an initial consultation free of charge. Below are a few questions to ask yourself or the lawyer so you choose the right person for your situation.  
  1. What type of law do you specialize in?
  2. How long have you been practicing?
  3. Will you be the attorney handling my case?
  4. Will there be other people, such as paralegals, working on my case?
  5. How much do you charge?
  6. What other costs will be associated with the legal fee?
  7. Do you require a retainer?
  8. Do you have experience with my type of case?
  9. What different outcomes are possible for my case?
  10. Are there alternative solutions?
  11. What kind of lawyer do I want to handle my case?  Do I want someone to draft documents, or am I looking for a litigator?

What Not To Do In A Custody Battle

If you are in a custody battle, you clearly love your child, but that doesn’t mean you are going to get the custody you want. The Court will consider what is in the best interest of the child by looking at several factors. To better prepare yourself in a custody battle, there are several things you should not do.  
  1. Don’t Fight With the Other Parent
    • Never get physical. If the other parent gets physical, then call the police.
    • Do not argue or yell at the other parent.
  2. Don’t Alienate Your Child
    • Do not talk badly to your child about the other parent. We all get frustrated sometimes, but this can make your child feel alienated and confused
  3. Don’t Break A Court Order
    • If the child is scheduled to visit with the other parent, then let that child visit.
    • If you are ordered to pay child support, pay it. If not, you can be held in contempt of court.
  4. Don’t Dress Casual to Court Appearances
    • Do not dress like you are going to the gym or to hang out with friends when you go to court. You will make a better impression if you are dressed in appropriate court attire. This can be a suit, a dress, khakis and a nice buttoned up shirt.
  5. Do Not Just Hire Any Attorney
    • Look at someone who specializes in family law to work on your case. Make sure you feel comfortable with that attorney.

Why Every Business Needs Legal Representation

Even if you have been lucky enough to avoid a legal battle, it is vital for every small business owner to consult an attorney for possible future legal representation. Although it would be nice to assume that you will never need to call on your attorney, there is much to be gained from a long-term relationship with legal counsel. Establishing a relationship with an attorney now lays the groundwork early on and ensures you will have quick access to advice when you need it. If you are already being sued, you need an attorney now. Having legal representation is something you should have before you have an immediate need for it. Doing so will give you peace of mind and time to truly search for the right attorney.From the moment you open the doors of your business, you should have an attorney within reach. There are many legal issues that a small business might grapple with, including business formation, generating or reviewing contracts and leases, intellectual property concerns, taxes, licenses, commercial disputes, etc. Having an attorney you can trust is a vital tool in your arsenal.Some small business owners assume they can handle legal issues on their own. Even when possible, that is a tremendous burden for a business owner.  Especially when dealing with contracts and other written legal documents, you really need an attorney to review it before you sign.  Your competition and the other person involved in the contract is having their lawyer review - so should you. 
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