Divorce and Criminal Questions Asked and Answered with Louis Schneider

Some legal information that we offered for free on our last show.

When getting an amicable divorce (also called uncontested divorce) in Las Vegas, even though Nevada is a community property state, the parties can divide up the assets and debts any way they want because of the constitutional right to contract that Nevada takes very seriously, even among spouses.  There are several caveats, however, such as that the agreement should have waivers and full disclosure clauses. When undergoing an uncontested divorce, a Las Vegas family law attorney is recommended.

When someone dies without a will in Nevada, the property is divided according to the intestate succession statutes per stirpes.

Marijuana is legal in Colorado and Washington.  What if a person uses it in one of the states that it is legal in and then comes to Nevada and gets injured on the job?  Can the person be fired for having the pot in his system?  If you smoked a joint five days ago, you would still be under the influence according to Las Vegas DUI laws--it would still be in the blood stream.

Las Vegas Criminal Defense Lawyer

If you are looking for a Las Vegas criminal defense lawyer, look no further.  We handle almost every area of criminal defense in all Las Vegas, Henderson, North Las Vegas, Boulder City, and Clark County Courts.  Las Vegas criminal law involves laws on federal, state, and municipal levels.

An experienced criminal defense attorney is necessary to review the procedure that the police followed.  An error in procedure could mean dismissal or reduction of charges.  In addition to procedure, an experienced criminal defense lawyer will also review the substantive law and the evidence to determine defenses.

DUI after Halloween Party

If you or someone you know received a DUI after a Halloween Party in Las Vegas, Henderson, or anywhere in Clark County, Nevada, they should hire a Las Vegas DUI attorney to assist them with their criminal case.  It is important to have a skilled attorney review the evidence, even if the person thinks he or she is guilty.  Sometimes it is good to be exonerated on a technicality, especially when many other areas of your life can be affected by a DUI, including employment and family.

Call our firm as soon as you have a DUI charge and speak to no one but a licensed Nevada attorney about it.

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. 

Visitation with the children over the holidays.

If your ex is already talking about denying you visitation of your children over the holidays, you need to hire a Las Vegas family lawyer as soon as possible to get before a judge.  The holiday season sometimes brings out the worst in people, and the worst in parents is usually their treatment of their children and the other parent.

Let us assist you in dealing with your ex, the other parent, in a Las Vegas family court.  You should not procrastinate, especially if your rights to see your child are pretty limited already.

Las Vegas drug charge requires legal attention.

As a former prosecutor and defense counsel, Louis Schneider has handled hundreds of drug crimes over the years, from simple misdemeanor possession cases to complex federal drug charges. Louis Schneider knows what will work, what to try, and what to expect.

Our primary objective at Louis C. Schneider and Associates in every Las Vegas drug case is to get you acquitted.   We shall examine the evidence against you and review all issues regarding search and seizure, violation of your individual rights, entrapment, alibi, forensic issues.  If we determine, after  investigating and evaluating your criminal case, that a total acquittal is not possible, we will work hard to reduce your charges and your sentence, and to keep you out of jail if an alternative sentencing program is available to you.

REQUIRED DISCLAIMER

The information about criminal law contained on this page is not intended to be legal advice about family law.  Your criminal law matter should always be evaluated by a criminal law firm.  You should treat criminal law with the seriousness it requires.  Just as you would not likely conduct surgery on yourself, you should not represent yourself in court regarding your criminal law matter.  At the very least, consult with a local criminal law firm.

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. 

In Las Vegas how much does a DUI or criminal charge cost?

Those charged with DUI may want to just get it all behind them and plead guilty of the crime as charged.  It is best, however to meet to discuss your case with a DUI attorney in Las Vegas. The true cost of a DUI (or any criminal charge) is not just what it takes to hire the attorney.   The true cost of a DUI is much higher than the cost of legal representation.

First, there are the costs associated with fines, court costs, and bail. In Clark County, the court costs for a simple charge of driving under the influence of drugs or alcohol are not cheap. The fines for a first time DUI are also significant. An alcohol evaluation adds more to the cost and so do DUI impact classes. There is the loss of your driver's license and the costs of reinstating your license.

The major cost of that DUI includes the impact that plea of guilty can have on future employment.  Also, there is the cost of increased SR-22 insurance, payments for  probation, the cost of finding a ride or public transportation to work, and the inconvenience of having to go to a court ordered treatment.  This is all the result of pleading guilty immediately to a Las Vegas DUI.

Therefore, it is in your interest to allow us to take review your case and determine whether there is a defense or room for negotiation (a plea deal). The consultation is free. Let us take the time to explain the system and process the courts use to deal with criminal charges. Then you can make a reasoned decision about how to proceed.

Take an hour and get a professional opinion from a Las Vegas criminal defense attorney before you spend thousands of dollars on all the costs and fines.

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. 

Boxer pays up in Las Vegas Federal Court

According to reporter Ken Ritter of the Associated Press,  a federal judge in Las Vegas has ordered professional boxer Floyd Mayweather Jr. to pay approximately $114,000 for avoiding questioning from rival fighter Manny Pacquiao's lawyers in a defamation case.

Ritter reports that Mayweather pleaded guilty in December 2011 to reduced misdemeanor charges stemming from a hair-pulling, arm-twisting attack on another former girlfriend, Josie Harris, while two of their three children watched. 

The full story is at: http://www.palmbeachpost.com/ap/ap/crime/mayweather-ordered-to-pay-114k-in-pacquiao-case/nSFmT/

What are high asset divorces?

Now that the stock market is recovering, investment accounts are rising in value, and deferred compensation is returning, high-income individuals facing divorce are again dividing assets instead of only debts.

The courts call divorces involving retirements and high-income individuals, “high asset divorce cases,” and it is crucial to retain a qualified divorce attorney who is experienced with both family law and high-income individuals due to the complexity of the assets involved. Married couples with accumulated property and wealth are considered “high asset” when there are pensions, cars, boats, real estate, securities portfolios, business partnerships, stocks, investments and bonuses to be considered in a divorce.

After you have hired your family law attorney, it is time to consider hiring a tax accountant and financial/tax specialists.

In high asset divorce cases, issues to consider include:

·      Actual legal ownership of all property prior to divorce
·      The actual legal ownership in the event of a settlement
·      The actual legal ownership following a trial and judgment
·      The tax considerations of dividing assets
·      Worth or value of all assets
·      Security clearance for certain jobs and the consequences of divorce, debts, bankruptcies, and foreclosures
·      Community Property
·      Separate Property
·      Gifts
·      Prenuptial agreements and ante-nuptial agreements
·      Post-nuptial agreements and marital settlement agreements
·      Which of the three would be most productive: trial, mediation, or settlement negotiations

When you want equal custody of your child or children in Las Vegas...

When you are facing a Las Vegas family law matter involving dividing your child or children, you must consider your parenting plan schedule that will work with your work or school schedule and that of the other parent. You may want to equalize the time-share, creating a fifty-fifty arrangement. We include below some examples of fifty-fifty time-share arrangements. 

Please realize, however, that you can have as low as forty-sixty time-share and still be consider a joint physical custodian of your child or children.   Also, the forty percent calculation is determined by looking at an entire year, not a week-to-week basis.  This law comes from the Nevada decision in Rivero v. Rivero.

Below we use “Parent F” and “Parent M” to refer to the two parents in a child division negotiation.

Alternating Weeks Parenting Schedule

This fifty-fifty parenting schedule is where the child is in the care of Parent F in Week 1 and in the care of Parent M in Week 2. This results in the child living with Parent M for 7 days in Week 1 and with Parent M for 7 days in Week 2.

5-2-2-5 Child Custody Schedule

This fifty-fifty parenting schedule is where the child is in the care of Parent F every Monday and Tuesday (2 days) and Parent M every Wednesday and Thursday (2 days) each week. The weekend time Friday through Sunday would be alternated (3 days) between the parents. This results in the child being in the care of Parent F for 5 days and Parent B for 2 days in Week 1 and in the care of Parent M for 2 days and Parent M for 5 days in Week 2.

3-4-4-3 Child Custody Schedule

This fifty-fifty parenting schedule occurs when the child or children is/are in the care of Parent F from Wednesday through Friday in Week 1 and Wednesday through Saturday in Week 2. The child would be in the care of Parent M from Saturday through Tuesday in Week 1 and Sunday through Tuesday in Week 2.

Sharing Holidays and Summer

It is common for the summer vacation time and holidays to be split between the parents. Many different manners of division of time-share for the summer time such as alternating weeks, alternating every two weeks, adding a larger block of time for vacation for each parent onto the regular schedule, etc. There are also many different ways holidays can be shared such as splitting the holiday time or alternating each year between parents. For example, the child can spend an agreed upon holiday with Parent F in even years and Parent M in odd years or visa versa.

The above are just examples of some common parenting plans for fifty-fitfy joint physical custody which can be altered and adjusted in many different ways to accommodate what’s best for the children, family situation and arrangements that are not an exact fifty percent timeshare.

Before you go to court or to mediation, you should consult with a Las Vegas family law attorney.  After your mediation and before you sign the agreement, you should consult with a Las Vegas family law attorney.  Failure to do so could result in legal consequences you may not have anticipated.

DUI Experience, your advocate in court.

Not every lawyer who handles DUIs are equal in skill and experience. Surprisingly, the differences in pricing and services are not that dramatic, so you can literally get a half-assed lawyer for the same amount as an experienced DUI attorney.  For the person seeking legal representation in a standard DUI case, attorneys’ fees may be fairly competitive.

Judges are not lenient with DUI cases, even if it is your first offense.  As a result, it’s important to realize that hiring a lawyer is in your best interests despite the costs.  In general, you will already be paying hefty fines for the DUI charge and risk the suspension of your driver’s license, depending on which stage of the legal process you are in.  Some judges may waive part of the fines, but there is nothing that can be done to waive the conviction.  That is something that could stay with you for the rest of your life.

Louis Schneider has represented many DUI clients both in negotiating acceptable settlements and at trials when negotiations fail.  Call us for help with your Las Vegas DUI.

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. 

Traffic Ticket Lawyer in Las Vegas, Henderson, and Nevada Federal Court

Many residents and tourists are charged with traffic violations each year in and around Las Vegas, but few of them realize the problems associated with being convicted of the traffic charges.

When a person who is given a traffic citation by the police pleads guilty to the traffic violation, pays a fine, and attends traffic school, they probably have not considered the following ramifications associated with pleading guilty to a traffic citation:

•          Every conviction for a moving violation likely will raise your insurance rates.

•          Multiple convictions for traffic violations will likely result in a driver’s license suspension or license revocation. In Nevada, if you are convicted of driving with a suspended license, you may 
be restricted from acquiring a new license for a full year.

•          If you were involved in an automobile accident, received a moving citation, and are being sued civilly, the conviction may be used in the civil lawsuit to show that you were per se negligent.

•          If you have a commercial driver’s license (CDL), you may lose your license and the ability to earn a living. 

•          If you handle the traffic ticket by yourself, you will probably take at least 1 day off from work to go to court to resolve the ticket, and it is not a pleasant experience. 

As a result of convictions for moving violations, like simple speeding tickets, you will likely pay fines, court administrative fees, increased insurance costs, and attend traffic school. Further, you could suffer possible suspension or revocation of you driver’s license. If your Nevada license is suspended, you will not be able to obtain a license in any other State until the Nevada suspension is completed. On top of this, you will need to miss a whole day’s pay, just to go to court!

So, how can you likely prevent the headaches associated with the above for some minor traffic infraction?  You hire a criminal defense attorney with experience negotiating thousands of citations.  Louis Schneider has negotiated plea deals for misdemeanor traffic citations for many years and will bring his knowledge to the court for your matter and you will likely have to do little more than pay his fee, give him a copy of the citation, and then pay the fine to the court upon a negotiated deal.

When you say, I need a traffic ticket lawyer in Las Vegas, 

Call us: (702) 435-2121