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Can I Spank My Children?

As both a criminal defense and family law attorney for over 25 years, the answer is not simply that you have the right to spank your children, there are varying degrees that are often interpreted differently by different judges, professionals and social workers.

The general rule is that you can spank your children as a corrective behavior measure so long as it does not leave a mark. Even the question of “leaving a mark” is measured drastically differently depending on a number of factors.

For example, light skinned or white children will more readily show a mark. Most professionals agree that if you spank your children, you should use your hand. That said, a hand print is often the first thing that will arise when they are filing abuse charges.

The second thing that is considered is if it was a thought-out punishment. Spanking while angry or without consideration is generally considered worse and more likely to be abuse. Though out may be 1, 2 or 3 swats, not ongoing or without a plan.

There are also various definitions which are used. The most common place that people go if there is a report of abuse is to Family Juvenile Court for DNA. DNA is Dependency, Neglect and Abuse. The case is sent to Juvenile court where the initial goal is to reunite the children with the parent(s). This is not criminal court and the standard for making a finding is much less than in criminal cases. The parent may be required to take parenting classes, undergo drug/alcohol testing, or seek abuse counseling.

If the county attorney considers it severe, the parent could also be charged with a crime. The standard for a criminal conviction is much greater than that required for a finding in Juvenile court. The defendant is entitled to a jury trial and representation if they cannot afford an attorney.

In defending a criminal charge, KRS 503.110 provides: The use of physical force by a defendant upon another person is justifiable when the defendant is a parent, guardian, or other person entrusted with the care and supervision of a minor or an incompetent person or when the defendant is a teacher or other person entrusted with the care and supervision of a minor, for a special purpose, and: (a) The defendant believes that the force used is necessary to promote the welfare of a minor or mentally disabled person or, if the defendant’s responsibility for the minor or mentally disabled person is for a special purpose, to further that special purpose or maintain reasonable discipline in a school, class, or other group; and (b) The force that is used is not designed to cause or known to create a substantial risk of causing death, serious physical injury, disfigurement, extreme pain, or extreme mental distress.

If you have been charged with child abuse, whether in Juvenile court or as a crime, you should hire an attorney to protect y our rights and advise you though the process. For consultation in Northern Kentucky, contact Michael Bouldin or call 859-581-6453 (581-MIKE) or email mike@bouldinlawfirm.com.

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Help! My Attorney is on Vacation.

As a busy attorney for many years, I realize the necessity of going on vacation and getting away from the grind. I firmly believe that this time away allows me to rejuvenate and recommit to the practice and makes me a better attorney.

Unfortunately, this is little solace to those clients that need answers NOW. Having practiced for over 25 years, I have taken many steps to assure that the clients’ needs are being met and that the wheels of justice continue to turn.

Planning for a vacation, here are steps I’ve taken:

  1. Advise clients. I do not keep it a secret that I’m going out of town. This allows most clients, judges and opposing counsel to set realistic expectations.
  2. Have office staff available. My paralegal, Emily, does most of my scheduling anyway and has a general knowledge of most of my cases. As such, she is more often available during my trips.
  3. Have other attorneys available for emergencies. I have spoken to my partner, Kris Nevels, as well as a few other local attorneys who can cover in case of emergencies. For example, no one plans to get arrested for DUI and have court in 2 days. If that happens, plead NOT GUILTY and wait for return. Alternatively, call the office and we will do our best to have someone present for your arraignment.
  4. Plan down time both before and after vacation. This allows for clients in crisis or with emergencies to schedule in a timely manner.
  5. Allow minimal communication. Even when leaving the country, I schedule 15-30 minutes 2-3x/week to communicate with the office. While this is not ideal, it is similar to times when I am in the middle of trial. It allows my paralegal to prioritize and get answers to crises.

Another key to getting away is getting another professional do handle all of the planning and preparations. Julie@islandgirlvacations is exceptional at travel planning and finding the best deals. Full disclosure: she’s also my wife.

If you have questions or concerns or need legal assistance, contact Michael Bouldin by filling out the contact information, call 859-581-6456 (581-MIKE) or email mike@bouldinlawfirm.com. Of course, you can also contact Emily@bouldinlawfirm.com for scheduling.

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What To Do If You Cannot Get Ahold of Your Attorney

Attorneys are notoriously difficult to get in touch with and the successful and busy ones even more so. So here is a list of dos and don’ts if you are having difficulty.

Do:

1. Be patient. This sounds simple but calling 3-5 times does not make the return call any quicker. From the attorney point of view, if everyone called 5 times, it would take five times as long to return everyone’s call.

2. Schedule. It may be difficult to get a hold of the attorney, but generally you can speak with a secretary, receptionist or paralegal. Tell that person that you are having difficulty and need to schedule a meeting or phone consultation. Once you are on the book, your chances are probably near 100% that the conversation can occur.

3. Ask the Paralegal. Similar to #2, the paralegal for the attorney often has great insight into your case and can answer most questions. Sure, some are better saved for the attorney, but others can be answered, handled and even resolved by the paralegal and often at a greatly reduced fee.

4. Discuss with the attorney their caseload and how they prioritize. If I explain that I’ll get to your post decree issue later, that a client is facing 20 years in prison this week, most clients can and do understand.

Don’ts:

A. Do not call repeatedly and leave multiple messages. This ties up the time available to return calls.

B. Do not call another attorney seeking free advice. The attorney handling your case knows about your case. If you seek free advice, you often get what you pay for.

C. Do not immediately change attorneys and give up. You chose this attorney because of their skill, experience among other things. If you want a new attorney who will text you back and immediately take all calls, then hire that attorney from the onset. If you want an attorney with a track record and busy clientele, you may have to occasionally wait.

If problems persist, discuss your concerns and set out expectations of both the attorney and the client. Most often, a compromise can be reached where the client knows that their problems are being addressed and concerns are handled in a timely and efficient manner.

If you are a client, call Emily at 859-581-6453 to schedule. If you need legal advice and do not have an attorney, contact Mike@bouldinlawfirm.com.

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How to Value a Family Business in Divorce

Valuing a family business can be difficult in any instance, but particularly difficult in dealing with Divorce. The value will likely have an impact on settlement and division of assets as the business is often either a marital or a mixed-marital asset. The value and compensation of the officers may also impact resolution of child and spousal support.

The value of the business may be zero, as is the case of many self employed individuals who have limited assets. This may include self-employed accountants, lawyers, repairmen, construction workers, trainers as well as many other groups. The “value” is that the person running the company IS the company. The LLC or corporate oversight only gives them the ability to earn a certain annual income. The question is: If that person left the company, would there be any company to sell?

Often there is a value to the business. The client list, email distribution and goodwill are assets in addition to the physical assets such as buildings, vehicles, equipment, furnishings and computers. Other assets may include leases and contracts.

The value may be agreed to between the parties, so it is good to understand what and how the business works. If not agreed, the parties may agree on a business valuation expert as is often the case in collaborative divorces. Alternatively each party may hire a business valuation expert and/or the court may appoint its own expert.

If you or your spouse owns a business, it is important to have an attorney familiar with business valuation in order to resolve your divorce. Michael Bouldin has a business degree in economics and 25 years handling divorce/dissolution cases in Cincinnati and Northern Kentucky. For consultation, please email mike@bouldinlawfirm.com, call 859-581-6453 (*581-MIKE) or fill out the contact form.

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What Does a DUI Cost?

I am often asked, What is the cost of a DUI? The answer is not simple. According to national surveys, the cost of a DUI typically exceed $10,000. The question remains as to what does that cost involve.

A defendant should expect to pay $2,500-$5,000 for an experienced DUI/criminal defense attorney to represent on a first offense DUI charge. The cost may vary depending on the complexity of the case, whether it is a negotiated plea, suppression hearing, bench trial or a jury trial. The cost often also increases if it is a second, third or greater offense.

Other costs which should be considered in Kentucky. A typical assessment for DUI includes a drug & alcohol assessment and is $60. Once assessed, a standard 20 hour class will meet 10 times and costs $25/session.

If convicted, you will lose your license for 30-120 days and face mandatory costs, fees and court costs. The fine for a DUI, 1st offense, will range from $200-500. There is a mandatory DUI service fee in addition to court costs. The total for a minimum ($200) fine will be about $750. If you wish to obtain an ignition interlock device to continue full driving privileges, you will spend an additional $600.

The above examples are for Northern Kentucky. Each state has different mandatory fines as well as court costs. Kentucky charges $40 for reinstatement, while many states vary from $100-1500 for license reinstatement. None of this includes the increase in automobile insurance which is sure to follow a conviction.

If you have been charged with DUI, you should hire an experienced DUI attorney that regularly practices in your county of arrest. The attorney can guide you through the process and give you advice on how to best proceed. This may include a plea, but should include why a plea deal may be better and the consequences of a suppression hearing or trial of the matter.

For consultation in Northern Kentucky or Cincinnati, contact Michael Bouldin at 859-581-6453 or email info@bouldinlawfirm.com.

Selected by SuperLawyers for criminal defense in state of Kentucky.
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Estate Planning & Wills

When people think of estate planning they often think that is only for rich people that need an elaborate plan. While there are those people that need financial, tax planning, succession as well as legal advice, many need simple documents such as a will, power of attorney, health care POA and possible a trust.

Most also incorrectly believe that the state will handle things the way you envision. The laws of probate when a person dies without a will vary widely from state to state and often are not what most people think will happen. For example, in Kentucky, if a person dies without a will, the order of heirs is as follows: (1) their children; (2) their parents; (3) their siblings; then (4) spouse.

While there are certain allowances for spouses, often the bulk of an estate will pass to children in favor of a spouse. This can lead to financially devastating and unintended consequences. Additionally, the estate plan should include discussion of beneficiaries of life insurance and retirement assets as well as documents for living will/health care and power of attorney (POA).

If you need a simple will or complex estate plan, contact a legal professional. We will begin with a questionnaire to get started. In Northern Kentucky, contact Michael Bouldin at mike@bouldinlawfirm.com or call 859-581-6453 (581-MIKE).

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Attorney Referrals

Most all attorneys have both a client base as well as a specialty area of practice. When a client comes to you and needs help, it is important to figure out how to best assist. With 25 years experience and nod of respect from SuperLawyers, a large part of my practice comes from attorney referrals.

My main areas of practice are divorce and criminal defense, including DUI. As such, much of my DUI practice comes as referrals from other attorneys. I will not steal your client. Since the attorney already has the relationship with the client, I generally continue to utilize their assistance, especially with client communication, as much or as little as the attorney wants to remain involved.

I have seen many family law attorneys make the mistake of trying to help their client by “handling” their DUI. Often they give poor advice and do not explore how to potentially win the case or when to take a plea. Moreover, they do not know the difference between a good or bad plea deal.

The best advice is to let me help solve your client’s problem. If you email me at mike@bouldinlawfirm.com, I will call or text back to discuss the urgency and temporary advice. I can meet with the client alone or with the other attorney to make for a seamless transition and assure the client that they have the best possible representation.

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What To Do If Served Divorce Papers

I’m often asked what to do if you are served divorce papers. First, READ all of the documents fully and don’t panic. The summons that accompanied the divorce papers will set forth some obligations, for example you will have 20-30 days to file a response.

Use that time wisely. Talk to trusted friends and others that have gone through the process. Call and speak to the attorneys that those trusted friends have referred to you. After talking to a couple of attorneys, schedule and appointment with at least one of them to discuss representation.

Note: many divorce attorneys do not do free consultations. That is OK – you get what you pay for. Most of the top attorneys do not have the time, nor do they need to offer free consultations. Invest some time and money in yourself and your future.

A response to a Petition for Dissolution is relatively simple and straightforward. The responding party generally answers each allegation, most of which are admitted. Since most Petitions ask for custody and division of property, an answer/response should suggest your request for relief. An attorney can typically prepare and file a Response within 24 hours of undertaking representation.

DON’TS:

  1. Do not let the time lapse. A default judgment can be taken against you if you do not respond to the Petition. Even if you cannot afford an attorney, hand write your response and file it with the court.
  2. Do not believe everything your spouse says. Every attorney has horror stories of the spouse that said, “you don’t have to respond” only to get a default judgement; or “I only want joint custody” only to go to court without the other party and get a judge of sole custody.
  3. Don’t stick your head in the sand. This case is not going away. Speak to a professional who is trained and regularly handles this type of case.
  4. Don’t assume the worst. Often the initial filing overstates the case. Many cases do resolve with joint custody and without payment of the other’s legal fees, despite an initial filing requesting something different.

If you have been served, contact a local family law/divorce attorney who regularly practices in the county of filing. For consultation in Boone, Campbell and Kenton Counties, contact Michael Bouldin by following link or email mike@bouldinlawfirm.com or call 859-581-6453 (581-MIKE).

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Divorce and Collaborative Law

Having practiced divorce law for 25 years, there is a better way to divorce. The Collaborative Process has assisted thousands of parties throughout the nation in settling their cases with class and dignity through cooperative decision making and in confidential setting.

I have been a member of the Collaborative Law group in Northern Kentucky for over 10 years and have participated in many cases as counselor in both Northern Kentucky and Cincinnati. Collaborative training teaches problem solving techniques and methods to resolve differences, in both straightforward and difficult cases.

Collaborative dissolution allows the parties to set their own schedules, set their own goals and objectives and to try to achieve those goals through discussion, negotiation and the use of other professionals.

For more information regarding collaborative law, see our group’s website at this LINK. for consultation regarding divorce/dissolution, call a collaborative attorney and schedule today. For consultation, call Michael Bouldin at 859-581-6453 or email info@bouldinlawfirm.com or follow this link for information.

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DUI Day! Welcome to Black Friday!

Every year there are more DUI charges on the Wednesday before and the Friday following Thanksgiving than any other day of the year. Hiring a good DUI attorney is the most important thing you can do following an arrest. Many people believe that New Years Eve would be the busiest day, however that day is reserved for professionals and most people have a plan prior to the beginning of the evening.

Wednesday before Thanksgiving, however, is generally last minute plans and over-imbibing. Many students come home for the first time since leaving for college. They see their old friends and have a newfound love for beer. Bars, pubs and restaurants run specials all night because most of them are closed on Thursday.

Having practiced law for 25 years, I have run a similar post many times. It almost always generates a few leads and at least one or two new clients. Of course, DUI and OVI charges occur throughout the year. If you were charged with DUI this week(end), get an experienced attorney to help you through the process. An attorney will discuss your chances of an acquittal as well as guide you through the process. This may include hardship license, Ignition Interlock or avoidance of incarceration. See also what to do if you get arrested.

For consultation in Northern Kentucky or Cincinnati, contact Michael Bouldin at 859-581-MIKE (859-581-6453) or email mike@bouldinlawfirm.com. Contact form LINK.