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May 2014 Archives

Memorial Day Arrest & DUI 2014

Why do I post about DUI and arrests on Memorial Day? (Links are to previous posts)  Generally because they are days and weekend that many people are arrested for DUI, Boating While Intoxicated and Public Intoxication/Disorderly Conduct. "Why is that?" You may ask.  Memorial day weekend marks the unofficial beginning of summer. Many people go out to Taste of Cincinnati, Reds baseball games or other activities which may involve consumption of beer or liquor.  Some may overindulge and end up driving while intoxicated or creating a public disturbance.  There are many who are drinking for the first time since last year, thereby causing them to be over-served before they are aware of their environment. Most arrests of this nature will allow for release from incarceration within 24 hours.  Many will have court appearances during the week following.  If you can hire an attorney prior to the court appearance, that is preferred, but not required.  Plead NOT GUILTY and the court will set your case for a pretrial hearing.  You can contact and hire an attorney before that hearing which is generally 2-4 weeks after the initial appearance, also called Arraignment. If you have been charged or arrested in Cincinnati or Northern Kentucky, call Michael Bouldin for a consultation.  Contact Mike at [email protected] or call 859-581-6453.

Can I Change My Child's Last Name?

This is a relatively simple question without a simple answer.  In Kentucky, if both parents agree, a name change is fairly simple and can be accomplished with AOC Form 295.  Both parents are required to sign and have the form notarized (to avoid fraud). If both parents do not agree, then name change may be accomplished after a hearing.  The standards differ based on whether the child was born out of wedlock or during a marriage.  If born out of wedlock, the standards are "best interest" and a number of factors are spelled out in the Kentucky case of Hazel v. Wells.   If the child was born during a marriage and the name change is contested, the standard is higher as spelled out in Likins v. Logsdon  This higher standard is that the party seeking to change the name must "present objective and substantial evidence of just cause and significant detriment to the child before the child's name is changed..." Whether to change a name after a divorce is often a difficult choice for the mother.  It is even more so with respect to children and compounded by remarriage.  The father's involvement can have significant impact on the child. Changing a child's name can be difficult but may be very important in the maturation of a child.  Parents should seek to keep the children from adopting their particular point of view.   If you are seeking name change for your child, you should first speak with the other parent.  If the parents cannot agree, call an attorney for consultation.  In Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at [email protected]  

What Is Illegal Access to a Computer?

Kentucky law makes illegal unlawful access or use of a computer.  The charges can range from a B misdemeanor for Unlawful access to a computer from 1st to 4th degree as well as unlawful use of computer information.  All crimes are located in the Offenses to Property by Fraud section 434 of the Kentucky Revised Statutes. KRS defines illegal use of a computer as follows: 434.845 - Unlawful access to a computer in the first degree. (1) A person is guilty of unlawful access to a computer in the first degree when he or she, without the effective consent of the owner, knowingly and willfully, directly or indirectly accesses, causes to be accessed, or attempts to access any computer software, computer program, data, computer, computer system, computer network, or any part thereof, for the purpose of: (a) Devising or executing any scheme or artifice to defraud; or (b) Obtaining money, property, or services for themselves or another by means of false or fraudulent pretenses, representations, or promises. (2) Unlawful access to a computer in the first degree is a Class C felony. A class C felony is punishable by 5-10 years in prison. If you have been charged with unlawful access to a computer or any other crime in Northern Kentucky, you should speak with an attorney.  For consultation in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at [email protected].

How Do I Spend Less on Divorce Legal Fees?

This question is often asked when people are considering which attorney or evaluating the relative costs of a divorce or dissolution:  How do I spend less or control my legal fees through a divorce.  The answer is somewhat evident but not always simple: 1. The cost is always less when the parties are amicable to one another and keep open lines of communication.  This allows for the parties to resolve many issues without the necessity of legal involvement.  If you can determine who gets the end tables and what time to exchange the children on Friday nights, this can prevent hours of legal haggling and court involvement. 2. Costs increase dramatically when you violate certain trusts.  It is common to be distrustful of the spouse when in the middle of a divorce. That said, when one party depletes the savings accounts or keeps the children from seeing the spouse, there is almost always increase in litigation.  Each party has certain rights which are often best left untouched.  For example, while you have the right to clean out a checking account, you would be boiling mad and fully distrustful if your spouse did the same thing.  As such, it may not be the best course of action.  Being honest with your spouse and discuss issues openly.  That said, discuss with your attorney prior to taking significant actions as there are times it is in your best interest. 3. Work with mediators and follow the advice of your attorney.  When you proceed to litigation, the costs increase.  While the cost of a mediator may seem like an added expense, particularly when you are paying for 2 lawyers and a mediator, the mediation can save thousands of dollars in the long run.  A 3 hour mediation that resolves your case is significantly cheaper than a 3 hour trial that takes 15 hours of preparation.  This is also the reason that collaborative law is often less expensive than traditional litigation. 4. Know your opponent.  Unfortunately there are certain attorneys who routinely have significantly higher legal fees than most others.  Whether they convince their clients to litigate or the litigious seek them out is a question for another blog, knowing your opponent will help you to better gauge your anticipated expenses.  An experienced local divorce attorney knows those in the community that will lead to higher fees and help you to avoid the same. If you are considering divorce and want to know your options as well as anticipated legal fees, consult with a local attorney. For Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at [email protected] for a consultation.

Golf and Divorce

Want to play more golf?  Get divorced... or not.  If you are not playing as much golf as you want, it is likely due more to having children and personal obligations than it has to do with your spouse.  If you are married with children, most parents will enjoy visitation or parenting time with the children every other weekend.  That leaves Saturday and Sunday every other week for golf. That said, if you or your children are involved in other activities, those seldom occur on alternate weeks.  If your kids play soccer, you are generally at the soccer field every weekend (baseball's worse).  Golf is seldom a reason for a divorce.  If you believe your spouse plays too much, it may be an escape or it may be he just likes his buddies. As a fairly avid golfer, I understand the time commitments.  I commit time to my wife, coaching my children, and to playing better golf.  The balance is the key and is difficult for a great golfer to balance and for a non-golfer to appreciate.  A good friend says that his current handicap is "3 kids and a boat."    If you feel trapped in your marriage, start with a conversation.  If that is insufficient, seek help from a professional counselor.  I generally like to think that divorce is the last resort.  Sounds funny from a divorce attorney!  Yes, but if I refer someone to counseling and they are thankful for my advice, it will lead to immeasurable referrals in addition to my ability to rest  assured that I accomplished some good.   Divorce law is a difficult business.  Clients are often unhappy, whether with their spouse, the system or the fact that they feel that they have "wasted" a portion of their lives.  This unhappiness leads to disgruntled clients, regardless of how well the attorney handles the case. If you are considering a divorce, contact a local divorce attorney who you can trust.  In Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at [email protected] to discuss your case. OR, play more golf with your spouse. [caption id="attachment_260" align="alignnone" width="300"]Couples Charity Golf[/caption]  

Out of State Arrest or Citation in Kentucky

If you receive a citation for or criminal charge in Kentucky and you do not reside in the state, you should first talk with and hire a local attorney.  A criminal defense attorney can often handle misdemeanor cases without the necessity of appearance by the Defendant.  In felony cases, the experienced attorney can minimize the required number of appearances, thereby limiting the travels to hearings. Having a presence on the internet for a number of years, I have had the opportunity to represent numerous individuals who have been charged or arrested in Kentucky.  I have traveled throughout the state to represent defendants in the majority of counties.  Those may include travelers or truck drivers passing through as well as those at the airport or vacationing from out of town. I have handled cases ranging from speeding, reckless driving, DUI, PDP, POM and log book violations to drug trafficking, theft and for clients from out of town.  I represent clients in both state court as well as those with federal charges.  Clients have been from Ohio, Florida, NY, Georgia, California, Tennessee as well as those serving in the military overseas. If you have been charged with a traffic citation, possession of marijuana or other misdemeanor, do not make the mistake of trying to handle it alone from outside of the state.  Hire a local criminal defense attorney and minimize the time, aggravation and expense with travel to and from.  For consultation and discussion of fees, contact Michael Bouldin at [email protected] or call 859-581-6453 to schedule a phone conference.

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