You Cannot Be a “Good Time Charlie”
When it is your turn to spend time with your children, it is natural for you to want to have fun with them; however, it is more important that you make it a priority to buy necessities for them. Purchasing things like school supplies and clothes shows that you are aware that kids need other things besides fast food. It can also help put you on your ex’s good side. As your Syracuse family law attorney will tell you, this may lead to him or her cutting you some slack on other issues.
Exchanging the Kids Cannot Turn Into a Transfer War
In some cases, it may seem as though a battle is waged each time divorced parents exchange their children. If you are in a foul mood each time your ex picks up your kids, your ex may decide that the exchange is not worth it. Your Syracuse family law attorney will tell you that unless you need to discuss something about your children, you probably should not bring up an issue that could lead to an argument. If you cannot discuss issues regarding your children in a civil manner, mention the issue in a note, as Syracuse family law attorneys advise.
Your Kids Are Not Spies
Your kids are not personal spies. A Syracuse family law attorney will remind you that you should not use your children to extract information regarding your ex. You may make your children feel as though they have let down their mom or their dad. Moreover, if you damage your child’s relationship with the other parent, you will be hurting your children, not just your ex-spouse.
Are you sharing custody of your children but continue to face issues with shared parenting? If so, contact Syracuse family law attorney Steven C. Buitron at 315-422-1080 to discuss your situation.
The Fourth Amendment to the U.S. Constitution and its state counterparts only prohibit privacy intrusions by the government, as your Syracuse criminal defense attorneys can tell you. Therefore, according to Syracuse criminal defense lawyers, the fruit of searches done by private parties can be used against you in a criminal proceeding even if the private parties’ intrusion was unreasonable.
However, Syracuse criminal defense attorneys know that the private parties’ search has to follow the standard set by the Fourth Amendment standards when:
- The private parties act as agents or instruments of the government. For instance, as your Syracuse criminal defense lawyers are aware, a court once decided that an airport employee with a history of giving information to the DEA for monetary compensation and of opening and searching through packages for drugs acted as agent of the government.
- Law enforcement officers join a private search while it is in progress.
Syracuse Criminal Defense Attorneys Explain Relinquishing Your Privacy Interest
If you perform actions that indicate that you intend to give up your privacy interest in an item, this may be considered as forfeiture or abandonment of your Fourth Amendment interest in the item. This means that you would lose the right to contest the item’s possibly unlawful search and seizure. Below, Syracuse criminal defense attorneys provide some examples of this situation:
- Leaving a shopping bag in a public place;
- Placing your garbage at a curb; or
- Tossing drugs to the floor as you are chased by police officers.
The government has the burden of proving that you abandoned the item.
Were you the victim of a private search? Did law enforcement claim that you gave up your privacy right to an item, when the reality is that you did not? If so, contact experienced Syracuse criminal defense attorneys by calling Steven C. Buitron at 315-422-1080 to discuss your situation.
A Syracuse criminal defense attorney can advise you that a property seizure occurs when there is a meaningful interference with a person’s possessory interests in his or her property.
Syracuse criminal defense lawyers know that determining if law enforcement’s use of sense-enhancing devices constitutes as a search depends on numerous factors, the most important of which is whether the device used allows law enforcement to gather information concerning the interior of a person’s residence.
A Syracuse criminal defense attorney can advise you that other important factors include:
- Whether the technology law enforcement used is also used by the general public;
- Whether the technological device gives information that could not otherwise be obtained without physically intruding into the residence; and
- The breadth and extent of the gathered information.
Until recently, the law analogized technological devices to simpler methods of surveillance: for instance, computers were treated as filing cabinets, and global positioning devices (“GPS”) were treated like police surveillance or beepers.
As your Syracuse criminal defense lawyer is aware, courts and legislatures have started to realize that the ability of such devices to closely monitor a person’s associations, activities, and thoughts makes these devices qualitatively different and requires restrictions on using those devices. Therefore, numerous courts have used their respective state constitutions to deem the installation of GPS on a vehicle is a “search” that requires law enforcement to obtain a search warrant. Legislatures have also imposed restrictions on the use of GPS, from having to justify the relevance of using it to having to have reasonable suspicion to use it.
Similarly, your Syracuse criminal defense lawyer can tell you that law enforcement searches of computers may reveal a large amount of personal information, so search warrants for computers should include protocols to prevent rummaging through every personal file on the computer.
If you are the victim of a property seizure and would like to obtain more information, contact Syracuse criminal defense lawyer Steven C. Buitron at 315-422-1080.
Your Syracuse divorce attorney will advise you that establishing a budget is important when valuing the marital estate and proceeding with divorce. At least one budget should be developed by both parties and their attorneys.
There are three fundamental components to a budget: costs of the past, costs of the present and costs of the future. Past costs are those that were incurred before the separation date and are valuable in projecting present and future costs. For instance, if the wife plans on staying in the family home after separation, she will likely incur utility costs similar to those prior to the separation. Therefore, these costs may serve to indicate typical costs during the divorce, as well as future costs if she intends to retain the home. On the other hand, costs that one party incurs exclusive of the other party are only factored in the first party’s budget—e.g., entertainment costs the husband sustains (such as bowling or golf membership) are not part of the budget the wife draws up.
How Your Attorney Can Help
Your Syracuse divorce attorney knows that distinguishing budget items can prove to be difficult. He or she can help the process by removing duplicate costs, appealing to logic instead of emotion, and making a clear distinction between the different time periods. Additionally, full disclosure of both parties is important when developing any budget, since reasonable economic decisions require full and complete information. With this in mind, your Syracuse criminal lawyer will help you prepare a budget for common expenses such as: clothing, food, transportation, housing, medical expenses and miscellaneous items.
If you would like to speak with a knowledgeable and competent Syracuse divorce attorney, please contact Steven C. Buitron by calling 315-422-1080.
A Syracuse family law lawyer will advise that the divorcing couple does not necessarily have to apply the functions of source, timing and disposition when disposing of assets. Negotiation could take the place of court action when determining if an asset belongs to the marital estate.
For instance, suppose that the wife contributed $10,000 as part of the couple’s down payment on their home. If both parties agree, a $10,000 credit could be granted to the wife. This means that if the couple decides to sell the house, $10,000 more of the net proceeds would go to the wife and not the husband.
Accumulation of Assets After Separation
A Syracuse family law lawyer knows that any assets accumulated between the date of the separation and the divorce can be especially difficult to determine if such assets constitute a portion of the marital estate. One reason for this lies in the fact that a basic conflict between legal regulation and economic theory may exist in relation to these assets.
For instance, take the case of a couple that has been separated one year. The husband regularly made his usual IRA contributions and has accumulated $5,000 in the account during the time of separation. One theory that may be applied is that at the date of separation, the couple’s economic entity was dissolved. Therefore, the IRA addition was not earned when the parties were a couple, and the amount should remain separate. On the other hand, under some state statutes the marital estate may be valued at the date the divorce is granted. Therefore, the contributions to the IRA belong to the marital estate, and should be divided.
If you would like to consult an experienced and competent Syracuse family law lawyer, please contact Steven C. Buitron by calling 315-422-1080.
There are many obstacles that a Syracuse DUI defense lawyer may face in defending a DUI case at trial. However, if your lawyer can identify these issues well in advance, he can be better prepared to present a successful defense on your behalf.
Below is an overview of some of the most common obstacles that DUI defense lawyers encounter in preparing a solid defense for their clients:
Field Sobriety Test Results
In almost all DUI cases, the prosecution will have the advantage of having the arresting officer provide testimony to some type of chemical evidence against the defendant.
The Jury Usually Identifies With the Police
Juries generally identify with and believe the testimony of law enforcement officers in DUI trials. It is very difficult for even an experienced Syracuse DUI defense lawyer to change this mindset and to paint the police as an untrustworthy witness.
Perhaps the most common obstacle faced by DUI attorneys is the fact that by nature, a DUI trial casts the defendant in an unfavorable light. Jurors typically do not have a positive view of DUI defendants, because they see such individuals as a threat to society. In other words, since driving under the influence is an unpopular crime that puts drivers on the road at danger, the jury is not inclined to be lenient with DUI defendants.
For more information about the obstacles your attorney may be facing at your DUI trial, call Steven C. Buitron at (315) 422-1080 and schedule a complimentary consultation with an experienced Syracuse DUI defense lawyer.
In order for law enforcement to search an individual for possible contraband, the individual either needs to voluntarily consent to the search or the police need to obtain a valid search warrant. In cases of consent, a Syracuse bankruptcy attorney will first need to determine if the consent was valid.
Prosecution Has Burden of Proof
In situations where the individual consented to a search, the prosecution will have the burden of proving that the individual voluntarily waived his or her Fourth Amendment rights under the totality of circumstances.
In determining the totality of circumstance, the court will look at various factors, which include:
- Whether the individual knew he or she had a constitutional right to refuse consent to a search
- The individual’s age, intelligence, and level of education
- The individual’s ability to understand what the police where requesting
- How long the police detained the individual to conduct the search
- The individual’s attitude about the police discovering contraband
The individual can consent to a search unintentionally or without knowledge of the right to refuse consent. However, if the Syracuse bankruptcy attorney determines that the police falsely represented that they have a warrant, it will invalidate an individual’s consent.
Consent by Third Parties
Another individual who has control over the property to be searched can also give valid consent to a search. However, the consent will be valid only if the co-occupant is not present and does not expressly refuse consent.
We Can Help
For more information about a valid consent to the search of a property or premises, call Syracuse bankruptcy attorney Steven C. Buitron at (315) 422-1080.
If you have been accused of a crime, you need a Syracuse criminal defense lawyer in your corner to help you build the strongest defense possible.
You should always be aware of your rights when it comes to search and seizure. A government intrusion is considered a search and can take place in situations involving two conditions.
- The individual searched had an expectation of privacy in the place where the search took place.
- Society accepts that expectation as reasonable.
It is important to establish that the intrusion was a search because only when it is considered a search must the government have some justification.
However, the police do not need justification to do the following:
- Ask an individual questions on the street, as long as it is not compulsive to stop and talk or respond.
- Look into an open window.
- Shine a light into a car window from the outside.
Seizure of a Person
This occurs when a person could reasonably believe that he or she was not free to leave or to end a conversation with the officer.
For this to be considered a true seizure, there must be either a use of force or a show of authority to which the defendant feels he or she must submit.
The following are some examples of instances which may be considered a seizure, even though the individual did not attempt to leave:
If many officers created a threatening environment.
- If a weapon was displayed by an officer.
- If the individual was touched or grabbed by the officer.
- If the officer’s tone of voice or word choice indicated an obligation to comply.
If you have been accused of a criminal offense, you do not need to feel overwhelmed. Your Syracuse criminal defense lawyer Steve Buitron will work to build you a strong defense. Call him today at 315-422-1080.
If you have been charged with a criminal offense, an experienced Syracuse criminal defense lawyer can help you develop the best defense possible.
At the bail hearing, your lawyer will provide the court with information about both your case and your character to help the judge determine bail. Presenting witness testimony is not typically done during bail hearings.
Points in Your Favor
Your Syracuse criminal defense lawyer will present information about your employment history, your family’s need for your income, and explain the likelihood of you losing your job if you are incarcerated for any amount of time.
Your attorney may also tell the court about your ties to the community and your family, as well as any obligations you may have that could have an adverse effect on your family if you were incarcerated (i.e., they may lose their home, not have access to healthcare, etc.). This will help demonstrate that you have the incentive to return to court and should be released on your own recognizance or for a reasonable bail. If you have family members who would help you post bail, it is important that your attorney also present this information.
If you are facing serious criminal charges, it may be difficult to be released on bail. Even the best criminal defense attorneys cannot guarantee bail for every offense. If there are mitigating factors in your case, or any weaknesses in the prosecution’s case against you, your Syracuse criminal defense lawyer will use this information to raise doubt as to your guilt. This can help during the bail hearing, as a judge will be more likely to release you if the case against you is not very strong.
For more information about bail hearings and how an experienced Syracuse criminal defense lawyer can help, call Steven C. Buitron today at 315-422-1080.
If you and your ex-spouse have a child together, it can be difficult to manage day to day activities, and the shuffle that happens when moving from one house to another on a regular basis. With this in mind, your Syracuse paternity lawyer has some helpful tips to keep the transition smooth and the headaches at a minimum.
Create a log that will go back and forth with your child and contain any essential information about your child. It should include their activities, any problems, and any other information that may be important for your ex-spouse to know. It is everyone’s responsibility to make sure that the log goes into your child’s backpack whenever he or she leaves one house for the other. Make sure that you read the log each time your child comes over and write something for your ex-spouse knows that you are as committed as they are.
If your child receives anything from school, make sure you provide your child’s other parent with that information. Try making copies so you are both informed about your child’s school activities.
If, for some reason, you cannot speak with your ex-spouse, have your new spouse or another intermediary do it. If that is not an option, put a note in your child’s log or send an e-mail. Do not use your child to relay information to the other parent. You may have your child transfer a note, but making them aware of your issues or conversations with their other parent will only create undue stress and pressure on your child.
You must pay child support. You must remember that this payment is not for your ex-spouse, but for your children. And every time you feel bitter or upset at the prospect of paying your ex-spouse, just remember that it is going to help provide your children with the things they need. If writing a monthly check is aggravating for you, try having the amount taken from your pay and transferred to your ex-spouse.
With tips like these, you can your spouse can manage co-parenting your children without making the situation more stressful than it has to be. If you have any questions or need further assistance to help you and your children through this difficult time, call Syracuse paternity lawyer Steven C. Buitron and let him help you today! Call now at 315-422-1080 today.