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Criminal Defense Strategies in 2026: Navigating York County Drug Possession Charges Amid Pennsylvania’s New Opioid Laws

Fri, 01 May 2026 20:01:44 GMT

When criminal charges disrupt your life, clarity and confidence become essential. At Kalasnik Law Office LLC, operating in the York, PA area, our commitment to effective criminal defense guides individuals through fast-changing legal terrain. As Pennsylvania introduces new opioid reversal laws and updates fentanyl sentencing, our insight as trusted advocates can help you understand your options if you or a loved one is facing a drug possession case in York County. The evolving landscape demands attention, sparks interest, and fuels a desire to protect your rights with informed legal guidance, especially with new legislation set to impact court outcomes in 2026.

Understanding the 2026 Drug Law Changes in Pennsylvania

Pennsylvania’s General Assembly is responding to record fentanyl overdoses in York County with significant legislative shifts. New bills, such as H.B. 2181 and H.B. 2182, are poised to grant over-the-counter access to nalmefene, a lifesaving opioid antagonist. As these laws take effect, they not only alter access to emergency medication but also reshape the context of criminal defense cases regarding drug possession.

We see firsthand that prosecutors and judges in York County are reexamining how cases involving fentanyl and other opioids are handled. The intention is to balance public health responses with legal accountability, which means changes to the evidence requirements and law enforcement protocols. In this climate, a proactive strategy rooted in updated legislation is key to mounting a strong defense.

The Impact of Rising Fentanyl Cases in York County

Fentanyl cases have surged nationally, and York County mirrors this concerning trend. Local hospitals and law enforcement agencies continue to report opioid overdoses at unprecedented rates. This influences not only public perception of drug offenses but also the approaches prosecutors use in court. In response, the state’s reforms seek to encourage swift emergency response by expanding access to nalmefene while also clarifying how drug possession cases should be prosecuted.

For anyone facing charges, understanding every element of an arrest is crucial. For example, evolving standards in search and seizure protocols or new procedures for handling opioid antagonists can provide opportunities to challenge the prosecution’s case. Criminal defense in 2026 hinges on an attorney’s ability to scrutinize such details as law enforcement adapts to the shifting regulatory environment.

Defending Against Drug Possession Charges Under New Protocols

We anticipate more rigorous scrutiny of police methods moving forward, especially in opioid-related arrests. Law enforcement officials must adhere to updated protocols for identifying, securing, and handling nalmefene and other substances. The accuracy and integrity of evidence play a larger role under the revised legislation, and lapses can be pivotal in the outcome of a case.

Our approach is to review each element thoroughly. If evidence procedures are not perfectly followed, the results can be challenged in court and potentially excluded. This includes examining the initial contact, the arrest process, chain of custody, and the testing of alleged opioids. Consulting a knowledgeable criminal defense lawyer with experience in York, PA, is critical for identifying weaknesses in the prosecution’s approach under the latest rules.

Challenging Evidence and Exploring Alternatives

The opioid crisis has led Pennsylvania to balance strict enforcement with access to treatment, creating new opportunities for alternative dispositions in criminal defense. At the same time, conviction rates can climb when individuals fail to challenge questionable evidence or ignore procedural errors.

Key challenges involve questioning how drugs were seized and tested or whether nalmefene was properly catalogued. If mistakes occur, especially under the updated protocols, defense strategies can ask courts to suppress compromised evidence. In addition, people charged with possession may qualify for diversion or treatment programs, particularly when overdose reversal medication is involved. Navigating these options requires up-to-date knowledge of both policy changes and local prosecutorial discretion in York County.

The Defense Process and Communication

Drug possession cases cause anxiety and confusion for most people who find themselves charged under these complex new laws. As legal standards evolve, clear and proactive communication from your lawyer is vital. We make it a priority to keep clients informed of legal changes impacting criminal defense, share updates as cases progress, and explain each court step in detail.

Clients receive a tailored roadmap for their case, including timelines, documentation needs, and insights into likely court outcomes. Open communication ensures you have the facts needed to make decisions, whether negotiating with the prosecution or preparing for trial. Our aim is to relieve the stress of uncertainty by offering transparency and continuous support throughout your experience with the justice system.

Local Trends and Community Impacts

Rapidly rising fentanyl cases and shifting public health strategies in York County underscore the importance of focused legal defense for drug possession. As courts become more familiar with opioid antagonist medications like nalmefene and as the public looks to the justice system for answers, effective criminal defense is more important than ever. We monitor local court trends and prosecution strategies to give our clients insight into what to expect under the 2026 legislative framework.

Our role is not just to navigate the law but also to ensure each client understands the practical realities of the courtroom in York, PA. By staying current with local statistics, policy changes, and judicial attitudes, we empower clients to approach their cases with clarity and confidence.

How to Take the Next Step With Kalasnik Law Office LLC

If you are facing criminal charges for drug possession or need advice concerning the implications of the new opioid reversal laws, working with an experienced legal team is essential. At Kalasnik Law Office LLC, we offer guidance and strong advocacy for individuals charged with drug offenses, always adapting our approach to the latest regulatory changes and local conditions. Criminal defense is our focus, and we stand prepared to protect your rights and help you seek the most favorable outcome under Pennsylvania’s 2026 laws.

To discuss your situation or request assistance, please reach us online or call us at (717) 630-0909 . <Link to call> Let us partner with you to navigate these challenges and make informed decisions about your future.

How Criminal Defense Works: A Step-by-Step Guide

Thu, 05 Mar 2026 15:09:52 GMT

If you’re confronting criminal charges, understanding the process can be overwhelming, but criminal defense in Gettysburg, PA, is designed to protect your rights and ensure a fair outcome. At Kalasnik Law Office LLC, people facing legal challenges look for clarity and strong representation. This article walks you through each stage of criminal defense in Gettysburg, PA, from arrest through sentencing, so you know what to expect and how a skilled local attorney can help you navigate this complex journey.

An Overview of the Criminal Defense Process

Step 1: Arrest and Initial Detention

The criminal defense process in Gettysburg, PA, typically begins with an arrest. Whether charged with a misdemeanor or felony, Adams County law enforcement will take you into custody if they believe there is probable cause. After arrest, you may be held at the Adams County jail or released on bail. It’s critical to exercise your right to remain silent and request an attorney immediately to avoid self-incrimination.

Step 2: Arraignment and Bail Hearing

Once arrested, the next official step is the arraignment. In Gettysburg, PA, arraignments usually take place in the Adams County Court within 72 hours of arrest. During this hearing, you will be informed of the charges against you and asked to enter a plea, typically guilty, not guilty, or no contest. A bail hearing may also be conducted, where the judge determines if bail is appropriate or if you must remain in custody. Having an experienced criminal defense lawyer during this phase is crucial, as they can argue for reasonable bail or release conditions.

Step 3: Investigation and Discovery

After arraignment, your criminal defense attorney in Gettysburg, PA, will begin a thorough investigation and gather evidence through the discovery process. This may include reviewing police reports, witness statements, and physical evidence collected by law enforcement. In Pennsylvania, prosecutors are required to share evidence with the defense, but your lawyer can also dig deeper, identify weaknesses in the prosecution’s case, and uncover exculpatory information that can aid your defense.

Step 4: Plea Negotiations

Many criminal cases in Gettysburg, PA, do not go to trial; instead, they are resolved during plea negotiations. Your criminal defense lawyer can negotiate with the district attorney’s office to reduce charges or seek alternative sentences, such as probation or community service. Understanding the local tendencies of Adams County courts and the specific prosecutor you’re facing can enhance your lawyer’s ability to obtain favorable plea deals.

Step 5: Pre-Trial Motions

Before trial, your attorney may file pretrial motions, requests to the court that can affect the admissibility of evidence or even dismiss charges. Common motions in criminal defense cases in Gettysburg, PA, include motions to suppress illegally obtained evidence or challenge the prosecution’s jurisdiction. These motions can significantly impact the direction of your case and are a vital part of your defense strategy.

Step 6: Trial

If your case proceeds to trial, you have the constitutional right to a fair and public hearing. Trials in Adams County Court follow Pennsylvania’s criminal procedure rules and allow both the prosecution and defense to present evidence, examine witnesses, and make legal arguments. Your criminal defense attorney will advocate on your behalf, cross-examining witnesses, challenging the prosecution’s case, and presenting your defense theory to the judge or jury.

Step 7: Sentencing

If convicted, whether by plea or trial, the next phase is sentencing. Sentencing hearings in Gettysburg, PA, take into consideration the nature of the offense, your past criminal record, and any mitigating factors. Your attorney can present arguments for leniency, alternative sentencing options, or rehabilitation programs. Understanding Pennsylvania’s sentencing guidelines and local court expectations can help your lawyer strategize to minimize penalties.

Step 8: Appeals and Post-Conviction Relief

In some cases, criminal defense doesn’t end with sentencing. If you believe errors occurred during your trial or that your sentence was unjust, your lawyer can file appeals or seek post-conviction relief. Although appeals are complex and time-sensitive, they offer an additional opportunity to overturn wrongful convictions or reduce sentences.

Practical Tips for Those Facing Criminal Charges

Stay Silent: Never discuss your case with anyone except your attorney.
Document Everything: Keep records of all interactions with law enforcement and court dates.
Hire a Local Attorney: An attorney familiar with Adams County courts understands local procedures and judges’ tendencies.
Attend All Hearings: Missing a court date can lead to warrants and harsher penalties.
Follow Legal Advice: Trust your lawyer’s strategy and be honest with them.

Why You Need a Skilled Criminal Defense Attorney

Navigating criminal defense in Gettysburg, PA, requires knowledge of both the law and local court practices. A seasoned criminal defense attorney from Kalasnik Law Office LLC offers strategic representation to protect your rights at every stage. From negotiating plea deals to defending you at trial and sentencing, their expertise makes a significant difference in the outcome of your case.

Ready to Protect Your Rights?

If you or a loved one is facing criminal charges in Gettysburg, PA, don’t wait to get the help you need. Contact Kalasnik Law Office LLC today to schedule a consultation and learn how strong criminal defense in Gettysburg, PA, can protect your future. Call now to take your first step toward a trusted legal advocate by your side.

Criminal Defense in Gettysburg, PA: Know Your Rights

Fri, 16 Jan 2026 01:54:45 GMT

When facing criminal charges, knowing your rights is essential. At Kalasnik Law Office, we specialize in criminal defense in Gettysburg, PA, and can help you navigate the legal process. Contact us today at (717) 630-0909 to protect your rights immediately.

Every individual has constitutional protections, including the right to remain silent, the right to counsel, and protections against unlawful searches and seizures. A skilled criminal defense attorney ensures these rights are respected during questioning, arrest, and evidence collection. Exercising these rights properly can prevent unnecessary complications and safeguard your case from the start.

What to Expect During an Arrest

Understanding the arrest process can help you avoid mistakes. During an arrest, officers must follow strict procedures. You have the right to remain silent, and anything you say can be used against you in court. By hiring a criminal defense attorney in Gettysburg, PA, early, you can avoid self-incrimination and ensure law enforcement respects legal protocols.

Key points during an arrest include:

You must be informed of the charges against you.
You have the right to refuse consent to searches without a warrant.
You should not attempt to argue or resist, as this may complicate your case.

A timely criminal defense consultation can provide guidance on how to respond appropriately while preserving your legal rights.

Rights During Questioning and Interrogation

Many individuals make the mistake of speaking without legal counsel present. Anything said to police during questioning can significantly impact your defense. A criminal defense lawyer in Gettysburg, PA, will advise you on what to say and when to remain silent.

Remember:

You have the right to an attorney before and during questioning.
Requests for a lawyer must be honored immediately.
Avoid discussing your case with friends or on social media, as this information may be used in court.

Taking these steps ensures that your defense strategy remains strong and that your constitutional rights are fully protected.

Early Legal Action Can Shape Case Outcomes

What you do immediately after an arrest can determine the outcome of your case. Preserving evidence, documenting events, and contacting a criminal defense attorney early is critical. Attorneys can file motions, collect witness statements, and investigate facts to strengthen your defense.

Hiring a criminal defense attorney in Gettysburg, PA , promptly allows you to:

Build a thorough defense strategy.
Challenge improperly obtained evidence.
Prepare for pretrial hearings and motions.

Delaying legal action often reduces options and limits opportunities to contest procedural errors. Early involvement from Kalasnik Law Office ensures every possible avenue is explored to protect your rights and your future.

Search and Seizure Protections

One of the most important aspects of criminal law is the protection against illegal searches and seizures. Law enforcement must follow strict rules when obtaining evidence. A criminal defense attorney can challenge improperly obtained evidence, which may be excluded from trial.

Understanding your rights under the Fourth Amendment is crucial. You are not required to consent to searches of your property, car, or personal belongings without a warrant. Any violation of these rights can provide grounds for legal action and strengthen your defense in court.

Working With a Criminal Defense Attorney

A professional criminal defense lawyer in Gettysburg, PA, provides guidance, representation, and peace of mind. At Kalasnik Law Office, our team evaluates your case thoroughly, identifies weaknesses in the prosecution’s evidence, and develops strategies to achieve the best outcome.

Key benefits of hiring a criminal defense attorney early include:

Personalized guidance on your legal rights.
Professional investigation of the case facts.
Preparation of defense motions and legal documents.

By acting promptly, you increase the likelihood of favorable outcomes, including reduced charges or case dismissal. Learn more about our expert criminal defense services here .

Documenting Facts and Preserving Evidence

After an arrest, it’s essential to document everything. Keep detailed notes about interactions, witness statements, and any relevant events. These records can become critical pieces of evidence when building your defense. Early action, combined with the guidance of a criminal defense attorney in Gettysburg, PA, ensures that no detail is overlooked.

Why Choose Kalasnik Law Office

Kalasnik Law Office is committed to providing expert criminal defense services in Gettysburg, PA. Our experienced attorneys focus on protecting your rights, navigating legal complexities, and advocating aggressively on your behalf. Whether your case involves minor charges or serious criminal allegations, our team will provide strategic guidance tailored to your situation.

Operating in the Gettysburg area, we ensure that every client receives personalized attention and professional representation. Our goal is to protect your rights, minimize potential consequences, and help you regain control of your future.

Take Action to Protect Your Rights Today

If you or a loved one is facing criminal charges, do not wait. Acting early allows our criminal defense in Gettysburg, PA, team to start building a strong defense, preserve evidence, and guide you through every step of the legal process.

Call us at (717) 630-0909 now for expert criminal defense representation or send us a message to get started today. Protect your rights and secure experienced guidance from a trusted Gettysburg legal team.

How Criminal Defense in York, PA, Protects Your Legal Rights

Mon, 29 Sep 2025 11:42:05 GMT

If you are facing criminal charges in York, PA, it is crucial to seek experienced criminal defense to protect your rights and ensure the best possible outcome. A skilled criminal defense attorney in York, PA, can provide the guidance and representation needed throughout the legal process. Whether you are dealing with misdemeanors, felonies, DUI, or drug-related offenses, professional defense can make a significant difference in your case.

For reliable criminal defense in York, PA, consider consulting with local attorneys who have a deep understanding of the area’s legal system and a proven track record of successful defenses. Contact us today at (717) 630-0909 to schedule a consultation and discuss your case.

Know Your Rights After an Arrest in York County

Being arrested can be overwhelming, but it’s important to know your legal rights to protect yourself. In York County, PA, there are key rights designed to safeguard you. First, you have the right to remain silent. Avoid answering any police questions without a lawyer present, as anything you say can be used against you in court.

You also have the right to legal representation. Be sure to request an attorney immediately. A skilled professional offering criminal defense in York, PA, will protect your rights and manage interactions with law enforcement on your behalf.

Understanding and exercising these rights is essential. If you face charges, consulting an expert in criminal defense in York, PA, will help guide you through the legal process effectively.

Remember, during a criminal case in York County, speaking without legal advice can unintentionally weaken your defense. To protect yourself fully, contact a criminal defense lawyer as soon as possible.

The Local Legal Process in York County: What to Expect

The criminal justice system can be confusing, especially if you haven’t been through it before. Here is a basic outline of what happens after an arrest in York County:

Arrest —You are taken into custody based on suspected criminal activity.
Booking —Police collect your personal information and photograph you.
Initial appearance —Within 48 hours, you will appear before a judge who will explain the charges.
Bail hearing —The court decides whether you can be released on bail or if you remain detained.
Arraignment —You will formally hear the charges and enter a plea of guilty or not guilty.
Pretrial proceedings —Your defense attorney may negotiate with prosecutors or prepare a case for trial if needed.

This process can be overwhelming. Having a dedicated professional from Kalasnik Law Office LLC by your side ensures you understand each step. With extensive experience in criminal defense in York, PA, we know the York County courts and how to protect your interests from the very start.

This process can be overwhelming. Having a dedicated professional from Kalasnik Law Office LLC by your side ensures you understand each step. We know the York County courts and how to protect your interests from the very start.

Why Criminal Defense in York, PA, Matters

Criminal charges can lead to serious consequences, including fines, jail time, and a permanent criminal record. Quality Criminal Defense in York, PA, gives you the best chance to reduce or dismiss charges. Your attorney will:

Investigate the facts and evidence thoroughly.
Challenge unlawful search and seizure.
Question the validity of witness statements.
Advise you on plea deals or go to trial if necessary.
Protect your rights under Pennsylvania and local laws.

Without proper criminal defense in York, PA, you risk losing the opportunity to fight charges effectively. This is why having the right legal team matters, especially one experienced in York County’s unique legal environment

Protecting Your Rights Requires Quick Action

If you are arrested or charged with a crime, time is crucial. Evidence can be lost, witnesses may forget details, and prosecutors may build a stronger case quickly. Contacting a criminal defense lawyer in York, PA, without delay safeguards your future.

At Kalasnik Law Office LLC, our team listens carefully to your situation. We explain your options clearly, answering questions in plain language. Our strong local connections and court experience help us create the best defense for you.

Your Rights in Practice: What Does It Mean?

You might wonder what your rights look like in real life after police contact. Here are four key tips:

Always remain calm and polite. Avoid arguing with officers.
Say clearly that you are exercising your right to remain silent.
Request an attorney before answering any questions.
Never consent to searches or sign forms without lawyer advice.

These simple actions help prevent mistakes that could harm your case. A lawyer will guide you through interactions with law enforcement to protect your legal standing.

How Kalasnik Law Office LLC Supports You

Choosing the right defense team is a critical decision. Kalasnik Law Office LLC has helped many clients in York, PA, understand and assert their rights. Our attorneys know how to navigate local rules and procedures to your benefit.

If you require defense services, the process starts with a confidential consultation. You can call (717) 630-0909 or visit the contact page to schedule your appointment. Early guidance from expert criminal defense in York, PA, can make all the difference in your case outcome.

Stay Informed and Protect Your Rights

Criminal defense in York, PA, is not just about fighting charges; it’s about protecting your future. Knowing your rights and having an aggressive legal advocate can reduce stress and provide peace of mind.

In the face of criminal charges, reach out to Kalasnik Law Office LLC. We will explain the process clearly and stand with you every step of the way. Remember, your legal rights are your strongest tool—use them wisely.

Contact us today at (717) 630-0909 for dedicated criminal defense in York, PA, you can trust. Protect your rights and secure the defense you deserve now.

Top Strategies for Criminal Defense in Gettysburg, PA Cases

Wed, 19 Feb 2025 06:30:17 GMT

Navigating criminal defense in Gettysburg, PA can be a complex and stressful experience—especially when criminal charges overlap with a pending divorce. Legal issues such as assault, DUI, or financial crimes can significantly impact divorce settlements, child custody arrangements, and spousal support. Understanding your rights and having a strong legal strategy is essential to protect your future.

Understanding the Intersection of Criminal Defense and Divorce

When facing criminal defense in Gettysburg, PA, those going through a divorce must be aware of how criminal charges can influence their case. A criminal record can:

Affect child custody decisions, as family courts prioritize the child’s best interests.
Lead to unfavorable divorce settlements if one party is deemed unfit or financially unstable.
Complicate spousal support and asset division, especially if the charges involve financial misconduct.

For example, if a spouse is arrested for domestic violence, this could lead to restraining orders, limiting their ability to negotiate custody arrangements. Similarly, financial crimes could be used as leverage in a divorce in Hanover, PA, affecting alimony and property division.

Top Strategies for Criminal Defense in Gettysburg, PA Cases

Secure Experienced Legal Representation: One of the most critical steps is hiring a skilled attorney who understands both criminal and family law. A criminal defense lawyer familiar with Pennsylvania laws can develop a defense strategy that considers the broader implications of your case.

Protect Your Parental Rights: If you are facing criminal charges during a custody battle, courts will scrutinize your ability to provide a safe environment for your children. Avoid violating any restraining orders and follow legal advice to ensure you maintain visitation rights.

Maintain Financial Transparency: Financial misconduct, such as fraud or hidden assets, can impact both criminal defense and divorce settlements. It is essential to be transparent about your finances to avoid legal penalties and ensure a fair outcome in your divorce in Hanover, PA.

Gather Strong Evidence for Your Defense: Whether dealing with criminal charges or a contested divorce, evidence is key. Keep records of communications, financial transactions, and witness statements that support your case. If falsely accused of domestic violence or abuse, documentation and character references can help refute the claims.

Avoid Self-Incrimination: Be cautious when discussing your case, especially on social media. Anything you say can be used against you in both criminal and divorce proceedings. Work closely with your attorney before making any statements to law enforcement or the opposing party.

Local Legal Insights: Gettysburg and Hanover, PA

Legal outcomes vary based on local courts and precedents. Gettysburg follows Pennsylvania state law, but regional factors, such as local judges’ tendencies and law enforcement policies, can impact the defense approach. Similarly, individuals going through a divorce in Hanover, PA should be aware of how local courts handle child custody, alimony, and asset division in cases involving criminal charges.

Contact Kalasnik Law Office Today

If you are facing criminal defense in Gettysburg, PA, or dealing with a divorce in Hanover, PA, you need a legal team that understands both areas of law. At Kalasnik Law Office LLC, we provide professional legal representation to protect your rights and future. Contact us today for a consultation.

Considering Divorce in Hanover, PA? A Guide to Important First Steps

Fri, 07 Feb 2025 14:40:37 GMT

When facing the complexities of divorce in Hanover, PA , it’s essential to approach the process thoughtfully and with proper guidance. Divorce can be an emotional and legal challenge, but understanding the first steps can help you feel more confident as you navigate this life-changing event.

Understanding the Legal Process of Divorce in Hanover, PA

Divorce proceedings vary depending on circumstances and state laws. In Pennsylvania, divorces can be categorized as fault-based or no-fault. No-fault divorces are common and typically less contentious, as both parties agree that the marriage cannot be repaired. Fault-based divorces, on the other hand, involve proving misconduct such as infidelity or abandonment.

Understanding which type of divorce applies to your situation is critical. A seasoned divorce attorney can provide clarity and ensure you follow the correct legal path.

Financial Preparation for Divorce in Hanover, PA

Financial transparency is crucial during a divorce. Start by collecting documents such as:

Tax returns
Pay stubs
Bank statements
Retirement accounts
Property deeds and mortgage details

Organizing this information early allows for smoother negotiations regarding asset division and financial settlements. This is especially important if disputes over assets arise.

Navigating Child Custody and Visitation in Hanover, PA

If children are involved, child custody and visitation arrangements will likely be a top priority. Pennsylvania courts base decisions on the best interests of the child, considering factors such as parental fitness, stability, and the child’s relationship with each parent.

Co-parenting plans and agreements can minimize conflict and ensure children’s emotional well-being during the transition. Working with an experienced family law attorney is invaluable when navigating these sensitive issues.

Managing Emotional Challenges During Divorce

Divorce isn’t just a legal process—it’s an emotional journey. Feelings of grief, anger, or uncertainty are common. Seeking support from a therapist, counselor, or trusted friends and family can help you process these emotions constructively.

Taking care of your mental health ensures you approach the divorce process with a clear mind, making decisions that are in your best interest.

Seeking Legal Advice for Divorce in Hanover, PA

One of the most critical steps when considering divorce in Hanover, PA, is finding a reliable attorney. An experienced divorce lawyer can guide you through each phase of the process, from filing paperwork to negotiating settlements.

If you’re also dealing with other legal matters, such as criminal charges, it’s worth noting that many firms, including Kalasnik Law Office LLC, also offer services in criminal defense. Whether you need a criminal defense lawyer in Hanover, PA, or require assistance with criminal defense in Gettysburg, PA, having a trusted legal partner can make a significant difference.

Schedule a consultation with Kalasnik Law Office to receive tailored advice and representation for your unique case.

Navigating The Complexity Of Visitation Rights: What You Should Know

Tue, 27 Feb 2024 20:47:15 GMT

When it comes to the delicate matter of visitation rights, understanding the ins and outs is crucial for all parties involved. Whether you're a parent navigating these rights or you have a vested interest in supporting someone who is, having a solid grasp of the key information is essential. Let's dive into what visitation rights entail and what you should know.

The Basics of Visitation Rights

Visitation rights refer to the legal rights of a non-custodial parent or another relative to spend time with a child. These rights are typically established during divorce or separation proceedings, or in cases where the parents were never married. It's important to note that visitation rights can extend beyond parents to include other family members, such as grandparents.

Navigating Legal Requirements

To ensure that visitation rights are respected and upheld, it's imperative to thoroughly comprehend the legal requirements in your jurisdiction. This is crucial because laws regarding visitation rights can vary significantly from one state or country to another, making it vital to seek legal counsel to ensure that you are fully informed about the specific regulations that apply to your unique situation. By doing so, you can navigate the complexities of visitation rights with confidence, knowing that you have the necessary knowledge and guidance to protect your rights and the best interests of all parties involved.

Factors Influencing Visitation Rights

Several factors can influence the determination of visitation rights. Courts will evaluate the facts in light of the best interests of the child when making decisions about visitation schedules. This involves evaluating factors such as the relationship between the child and the non-custodial parent, the mental and physical health of all parties involved, and the ability of the non-custodial parent to provide a safe and nurturing environment during visitation periods.

Understanding Visitation Schedules

Visitation schedules outline the specific times and dates when the non-custodial parent or other relatives are entitled to spend time with the child. These schedules can be agreed upon by both parents outside of court, or they can be established by the court if parents are unable to reach an agreement. It's important to adhere to the terms of the visitation schedule to maintain a respectful and harmonious co-parenting relationship.

Modifying Visitation Arrangements

In certain situations, circumstances may change unexpectedly, which can require adjustments to visitation arrangements. For example, if the non-custodial parent decides to relocate to a different area or encounters a substantial change in their work schedule, it may become necessary to modify the existing visitation schedule. When considering any proposed modifications, it is crucial to approach them with transparency, open communication, and a steadfast focus on prioritizing the best interests and well-being of the child involved.

Enforcing Visitation Rights

When one party fails to comply with visitation rights, enforcement measures may be necessary. Legal recourse may be pursued to address violations of visitation rights, and it's essential to document any instances of non-compliance to support potential legal actions. However, it's advisable to exhaust amicable solutions before escalating to legal intervention, as this approach can help preserve positive co-parenting relationships.

Visitation rights are a crucial component of family law, aiming to safeguard the relationships between children and non-custodial parents or other relatives. Navigating visitation rights requires a comprehensive understanding of legal requirements, the factors influencing visitation determinations, and the importance of adhering to visitation schedules. By prioritizing the best interests of the child and approaching visitation arrangements with transparency and respect, all parties involved can contribute to a supportive and nurturing environment for the child.

Understanding visitation rights is an essential aspect of promoting the well-being of children and fostering healthy family dynamics. Stay informed and seek proper legal guidance, so you can navigate visitation rights with clarity and confidence.

Understanding Adoption Laws: A Comprehensive Guide

Thu, 01 Feb 2024 22:31:31 GMT

Adoption is a beautiful choice for families who cannot have children or want to open their homes and their hearts to a child in need. However, the legal process of adoption can be daunting, confusing, and overwhelming. Adoption laws dictate how the process works, who can adopt, and what rights and responsibilities adoptive parents have. In this comprehensive guide, we will walk you through the basics of adoption laws, what to expect during the adoption process, and how to navigate the legal system to ensure a successful adoption.

Types of Adoption Laws

There are two types of adoption laws: domestic adoption laws and international adoption laws. Domestic adoption laws govern adoptions that take place within a country's borders, while international adoption laws govern adoptions across different countries. Domestic adoption laws are more straightforward and less complex compared to international adoption laws, which need to comply with both the countries involved as well as international laws and treaties. Kalasnik Law Office handles only domestic adoptions.

Open or Closed Adoption?

When it comes to adoption, there are two main types: open and closed adoptions. Both options have their distinct characteristics and considerations. In an open adoption, the birth parents and adoptive parents have ongoing contact and communication, allowing for a greater level of openness and transparency. This can include sharing photographs, letters, and even occasional visits. On the other hand, a closed adoption maintains strict confidentiality, with no direct contact between the birth parents and adoptive parents. The level of information shared is limited, and the focus is primarily on protecting the privacy and anonymity of all parties involved. Each type of adoption has its own benefits and challenges, and the decision ultimately depends on the preferences and circumstances of the individuals involved.

Who Can Adopt?

Adoption laws vary from state to state, but most states require adoptive parents to be at least of age, financially stable, and able to provide a safe and stable home environment for the child. Some states may also require adoptive parents to undergo a home study, where a social worker or adoption agency determines if the parents are fit to adopt a child.

Rights and Responsibilities of Adoptive Parents

Adoptive parents have the same rights and responsibilities as biological parents, including providing the child with basic necessities, education, healthcare, and love and affection. Adoptive parents also have the right to make important decisions for the child, such as medical decisions, religious upbringing, and education. However, adoptive parents have no legal rights to the child before the finalization of the adoption process.

Adoption Process

The adoption process involves a series of legal steps from beginning to end. These steps include submitting a petition for adoption, scheduling a home study, finding a match with a birth mother or agency, obtaining consent from the biological parents, finalizing the adoption at a court hearing, and obtaining a new birth certificate with the adoptive parents' names.

Legal Considerations and Challenges

Adoption laws can be complex, confusing, and filled with legal challenges. If you are considering adoption, it is imperative to hire an experienced lawyer who can guide you through the legal process and represent your interests in court if necessary. Some of the legal challenges you may encounter include custody battles, parental rights disputes, and open adoption agreements.

Adoption is a life-changing choice that requires careful consideration, planning, and knowledge of the adoption laws. By understanding the types of adoption laws, who can adopt, the rights and responsibilities of adoptive parents, the adoption process, and the legal considerations and challenges, you can make informed decisions that will lead to successful adoption. If you need legal help, don't hesitate to seek an experienced adoption lawyer who can provide you with the guidance and representation you need to fulfill your dreams of becoming a parent.

For help with the legal process of adoption or other family law concerns, contact us at Kalasnik Law Office.

Building a Strong Child Custody Case: Essential Evidence You Need

Wed, 10 Jan 2024 21:17:06 GMT

Navigating the intricate process of a child custody case demands meticulous preparation. You also need sufficient evidence that can significantly impact the court's decision. This guide explores the various types of evidence crucial for bolstering your child custody case.

School and Medical Records

School records, such as report cards and attendance records, offer a snapshot of your child's academic progress and attendance, showcasing their educational well-being. Medical records, on the other hand, provide a detailed overview of your child's health, including vaccinations, illnesses, and any ongoing medical needs. These documents serve as factual evidence that can influence the court's perception of your child's overall well-being and your ability to meet their needs.

Photos and Videos

Visual evidence, in the form of photos and videos, possesses a unique ability to convey the emotional connection between you and your child. Create a comprehensive collection that captures moments of shared joy, meaningful activities, and expressions of love.

These visuals humanize your relationship, offering the court a glimpse into the positive aspects of your parenting. Including a variety of contexts, such as holidays, birthdays, and everyday life, paints a holistic picture of your involvement in your child's life.

Witnesses on the Stand

Witnesses provide firsthand accounts and testimonies that support your claims as a parent. These individuals can include teachers, neighbors, family friends, or other acquaintances who have observed your interactions with your child. Their statements can attest to your parenting skills, involvement in your child's life, and the positive impact you have on their well-being.

For instance, teachers might share insights into your child's academic progress and emotional development, while neighbors could testify to the stability and nurturing environment you provide. The diversity of perspectives from various witnesses helps build a comprehensive and compelling narrative, reinforcing your suitability as the custodial parent. However, ensure that the chosen witnesses are credible and reliable and have a genuine understanding of your parental capabilities to strengthen your case effectively.

A Child's Testimony

While the admissibility of a child's testimony varies based on factors such as age and maturity, it can be a powerful component of your case. The court may consider the child's expressed preferences, taking into account their well-being above all. This element requires sensitivity, ensuring that the child's involvement is in their best interest and aligns with the overall objective of promoting a healthy and stable environment.

Experts

Engaging expert witnesses, such as child psychologists or counselors, adds a professional layer to your case. These experts can provide insights into the psychological and emotional dynamics involved in the child's life, offering the court a nuanced understanding of the best interests of the child. Their testimony can carry significant weight, guiding the court toward decisions that prioritize the child's welfare.

Proposed Visitation Schedule

Presenting a well-considered visitation schedule demonstrates your commitment to maintaining a stable and consistent presence in your child's life. Outline the proposed schedule, including details such as holidays, school vacations, and special occasions. This not only showcases your dedication but also provides a practical framework for the court to consider when evaluating custody arrangements.

Messages With Your Co-parent

Effective communication is paramount in co-parenting, and maintaining records of your interactions with your co-parent can be instrumental. Keep a record of text messages, emails, and other written exchanges that illustrate your efforts to foster a cooperative and respectful co-parenting relationship. These records serve as tangible evidence of your commitment to effective communication and collaboration or can provide documentation in case of disputes.

An Expense Report

Outline your contributions to their education, healthcare, extracurricular activities, and daily living expenses. This detailed breakdown not only demonstrates your financial dedication but also provides transparency regarding your ongoing support for your child's needs.

Emphasizing the best interests of the child throughout your evidence reinforces the central objective of the court, ultimately influencing decisions that prioritize the child's well-being and stability. Reach out to the Kalasnik Law Office LLC to get started.

Mistakes To Avoid When Facing Criminal Charges

Mon, 28 Aug 2023 18:22:16 GMT

Facing criminal charges is highly stressful. Misdemeanors or felonies can drastically alter life, causing fines, loss of freedom, and lasting criminal records. Common errors during such times can harm cases and futures. Discover mistakes to avoid.

Failing to Hire a Competent Attorney

Not hiring a competent attorney when confronted with criminal charges is a critical error for several compelling reasons. Firstly, a skilled attorney possesses in-depth knowledge of legal intricacies and procedures, ensuring your rights are safeguarded throughout the legal process. They can proficiently navigate the complex legal system, maximizing your chances of achieving a favorable outcome.

Secondly, an adept attorney brings substantial experience in building robust defense strategies tailored to the specific circumstances of your case. Their expertise can lead to identifying key evidence, witnesses, or legal precedents that could exonerate you or mitigate the severity of charges.

Furthermore, a competent attorney adeptly negotiates with prosecutors, potentially securing plea bargains or reduced sentences, which can significantly impact your consequences. Their presence can also alleviate the emotional burden by offering guidance, reassurance, and a clear path forward.

Talking to Police

When individuals talk to law enforcement, they risk inadvertently providing self-incriminating statements or information that could be used against them. Police officers are trained to extract information during interviews, and any remarks made might be misconstrued or taken out of context.

Furthermore, without legal representation, one might lack an understanding of their rights and the intricacies of the legal system, making it easier to fall into traps during questioning. It's important to recognize that police interviews are aimed at gathering evidence, not necessarily aiding the accused. In such situations, stay silent.

Missing Court Dates

When individuals miss court dates, they hinder the legal process, impede the timely resolution of their cases, and risk exacerbating their legal situation. This action shows a lack of respect for the court's authority and demonstrates a disregard for the seriousness of the charges against them. Moreover, it can lead to the issuance of arrest warrants, subjecting them to arrest at any time.

By attending court hearings as required, individuals showcase their willingness to cooperate with legal proceedings, engage in their defense, and demonstrate their commitment to legal obligations. This active participation allows them to present their side of the story, ensure proper legal representation, and secure more favorable outcomes.

Saying Too Much On Social Media

Sharing excessive information on social media can prove to be a significant blunder. Individuals risk undermining their defense strategies by oversharing personal details, opinions, or even potential evidence. When too much information is disclosed, it becomes easier for law enforcement or opposing legal teams to construct a case.

In an attempt to protect oneself, the urge to justify actions or provide an alibi may inadvertently reveal incriminating details. Instead of aiding one's cause, excessive sharing on social platforms can magnify legal complications and jeopardize one's chances of a fair trial. Therefore, individuals facing criminal charges should exercise caution and consult with legal counsel before posting anything online, as the consequences of saying too much can be irreversible and damaging to their defense.

Contacting an Alleged Victim

Engaging with an alleged victim while confronting criminal charges can be an ill-advised decision for several reasons. Firstly, direct communication may result in unintended statements or actions that could be misconstrued, potentially strengthening the prosecution's case. Moreover, such contact could be perceived as an attempt to influence or intimidate the alleged victim, leading to further legal complications.

Contacting an alleged victim can emotionally charge an already sensitive situation, potentially exacerbating tensions and hindering the possibility of an amicable resolution. Maintaining a respectful distance and relying on legal experts to handle communication is pivotal in safeguarding your rights and pursuing a fair outcome in criminal proceedings.

When seeking legal representation, consider Kalasnik Law. Contact us to schedule an appointment.

Tips To Protect Your Child During Divorce

Mon, 20 Mar 2023 17:51:59 GMT

Divorce is an emotional and difficult experience, especially if you have children. If you are going through this hardship, you may wonder how your children will cope, how the entire process will affect their lives, and how to protect them from getting hurt. As a parent, you should find ways to protect your children against the adverse effects of the divorce process. Below are some tips.

Identify Any Signs of Stress

Although your divorce is stressful, you may need to be actively vigilant to spot any overlooked stressors your children could be experiencing. You should look out for any potential stressors by monitoring how your surroundings could impact your children.

In many cases, the issues that cause stress to children usually involve parents and their behaviors. For example, parents trying to manage their emotional challenges, lacking in parental responsibilities, and pulling back on their relationships with their children could induce stress. Other stressors may include a change in family economics, causing a parent to provide less than they used to, or a child potentially acclimating to their parent's new partner.

Avoid Fighting With Your Ex-Partner

When your former union dissolves, you may be angry with your ex-spouse. Trying civil with your partner may feel like an uphill task. However, you should avoid fighting with your ex in the best interest of your children.

You should try to model maturity for your children. For example, avoid litigation as much as you can. Rather, use mediation to avoid creating a more hostile environment. Whenever you can, solve financial issues quickly.

Encourage Your Child To Spend Time With the Other Parent

A child will likely feel troubled if one of their parents abruptly leaves the picture. If you have no reservations about your child's safety, you should encourage your child to spend time with their other parent. This way, your child can continue to cultivate and grow their relationship with their other parent.

You may have to share custody with the other parent. Courts encourage shared custody so that your child grows up to be emotionally intact. If your child does not spend enough time with their other parent, they may feel abandoned by them.

Understand Your Strengths and Weaknesses

You should work with an attorney who understands the legal system to help settle your case. A knowledgeable attorney can help you analyze your case's strengths and weaknesses as well as let you know how high your chances of a favorable ruling are.

You can then decide whether you want to proceed with the case and go to court. Before you decide whether to opt for an out-of-court case, you should self-evaluate. Sometimes, people have found the trial process to be a painful experience.

Avoid Using Your Child as a Messenger

Many parents attempt to communicate with their ex-partners through their children. This may feel wise at the moment, especially if you want to avoid the other party.

However, giving your child this responsibility puts pressure on them. Your child may experience stress and anxiety as they try to relay messages and responses between you and your ex-partner. You should try to find the middle ground to communicate effectively between yourself and your ex.

If you are a parent with a pending divorce case, you may need the timely intervention of a lawyer. Here at Kalasnik Law Office, we are dedicated to representing you and your family and helping you receive a ruling that is in the best interest of your children. Reach out to us today, so we can learn more about your case and give you the right tools to help.

8 Factors That Affect Child Custody Decisions

Wed, 22 Feb 2023 15:28:16 GMT

When spouses divorce, child custody is one of the most contentious and emotional issues that arises. Each parent will argue that they should have custody of the child. But the court will consider the child's best interests to make the right decision. Here are factors that affect child custody decisions.

1. Domestic Violence and Abuse

If your partner has a history of violence or domestic abuse, the judge may grant you sole custody. However, the judge can allow restricted or supervised visitation for your partner. The court can allow the same restricted privileges if it determines that your partner is guilty of child neglect or sexual abuse.

2. Majority Caregiver

The parent who has been taking care of the majority of the child's needs may get custody of the child. Examples of care include feeding, teaching, and transportation. Care doesn't necessarily include financial support, but the court will consider the employment status of each parent. A parent can argue that they didn't spend much time with their child because of employment commitments.

3. Ability to House and Provide for the Child

A parent with better accommodation arrangements can win custody over a parent without any living arrangements. If both parents have houses, the court will consider the parent whose house has a room for the child. The room should be spacious, well-furnished, and clean. A home near the child's school and other family members is also ideal.

4. Physical and Mental Well-Being of Each Parent

The court might ask each parent to submit a medical assessment report of their physical and mental health. Parents with stable psychological and physical health are more likely to provide better parental care to their children. In contrast, mental issues such as uncontrolled anger and depression can affect your case. Physical illness can also affect your custody case.

5. Child's Preference

Children may not have matured enough to come up with an intelligent decision on a weighty matter, but the court will still consider the child's wishes and opinion. A child may prefer to live with one parent or indicate that they don't want to see another parent again. The opinions of older children have a greater bearing on the decision than the opinions of younger children.

6. Career Obligations

One of the parents may not spend enough time with the child due to the nature of the parent's job. Since emotional and physical health is considered part of the child's best interests, the court will grant custody to a parent who will spend enough time with the child.

This doesn't mean that you have to be a stay-at-home parent. Instead, the court needs proof that you will spare enough time in your schedule to take care of the child.

7. Status Quo

Disruptions to the child's life and routine are not in the child's best interests. If the child has to change schools to live with one parent, the court might deny custody to that parent. The aim is to create normalcy and stability, even as the parents go separate ways. Whichever parent can maintain the status quo has a better chance of winning the case.

8. Other People in the Home

The judge will determine the impact on other people in the home, including step-siblings, step-parents, and other extended family members. If those people have a history of violence or substance abuse, the parent who lives in that home may lose the custody battle.

Alternatively, the people who live in a home may provide emotional support to the child. In this case, the child's best interests are better served if they live in that home.

If you are filing for custody, you will need experienced legal representation to win the case. Kalasnik Law Office LLC offers exemplary legal representation. Our lawyers can help you with child support, child custody, adoptions and domestic abuse. Contact us to learn how we can help you.

8 Expert Tips to Negotiate a Successful Alimony Agreement

Mon, 23 Jan 2023 17:36:30 GMT

No matter the circumstances surrounding the end of a marriage, a divorce is never an easy decision. It is not only emotionally draining but also a complicated process. One of the most important and difficult aspects of a divorce is negotiating an alimony agreement.

Alimony is a payment from one spouse to the other to provide financial support during and after the divorce. It is important to remember that alimony agreements are not just about money–they are also a way to ensure that both parties can move forward with their lives equitably and fairly.

These tips will help you navigate your alimony agreement negotiations successfully.

1. Research Your State's Laws

Before negotiations, take time to understand your state's alimony laws. Each state has its own set of laws and regulations on alimony, so it is essential to familiarize yourself with the specifics of your state's laws. Knowing your state laws will help you navigate the alimony negotiation process and ensure that the agreement you come to is fair.

2. Get Organized

When it comes to an alimony agreement negotiation, staying organized is key. Make sure to keep all important documents and information on hand, including financial records, tax returns, employment information, and other relevant documents. This readily available information will make the process smoother and help you make informed decisions.

3. Avoid Conflict and Focus on Resolution

It's important to remember that any alimony agreement is ultimately between you and your ex-spouse, not the court. Try to stay focused on facts and avoid personal attacks. You should also be aware of your body language and tone of voice.

Avoid confrontation and maintain a respectful attitude all through to smoothen the process. The goal is to reach a fair and reasonable agreement for you and your partner.

4. Set Realistic Expectations

Go into the negotiations with realistic expectations. Remember that alimony is not meant to be a punishment–it is there to provide financial support. Consider your partner's financial ability, and make reasonable requests that consider their needs.

5. Be Open to Compromise

As with any negotiation, it is important to be open to compromise. Achieving a successful alimony agreement requires both parties to be willing to give and take. Don't be afraid to make concessions to reach a mutually beneficial agreement. Openness to compromise will help you and your partner reach a fair and reasonable settlement.

6. Don't Rush Into a Decision

When negotiating an alimony agreement, it is important to take your time and think carefully before making any decisions. Do not rush into a decision or agree to any terms you feel uncomfortable with.

Take the time to think carefully through any agreement you make and the potential consequences. Before signing anything, you should ensure you understand the long-term implications of an alimony agreement.

7. Understand the Tax Implications

It is also important to understand the tax implications of an alimony agreement. Alimony payments are taxable income to the recipient and tax-deductible to the payer. Knowing the tax implications of an alimony agreement will help you make an informed decision and ensure that the agreement is fair for both parties.

8. Hire an Experienced Divorce Lawyer

When negotiating an alimony agreement, hiring an experienced divorce lawyer is important. An experienced lawyer can provide valuable advice and guidance throughout the process. An experienced lawyer will make the process easier and quicker while ensuring you get a fair and reasonable settlement.

Conclusion

If you need help negotiating an alimony agreement, look no further than Kalasnik Law Office LLC. We are dedicated to helping our clients navigate the complexities of the divorce process. Our experience will ensure we represent your interests and that you reach a fair and reasonable settlement. Contact us today to get started.

Co-Parenting During Holidays: Essential Tips

Mon, 09 Jan 2023 17:25:39 GMT

Holidays are a special time for families. But when you co-parent with someone who is no longer in the picture, holidays may be rough for both parents and kids. Things get worse when the parents don't see eye to eye on co-parenting or are unwilling to compromise.

However, careful planning and communication can make your co-parenting experience during the holidays much smoother. Discover some tips and strategies to help you co-parent during the holidays.

Keep the Focus on Your Kids

Whichever decision you make as a parent, ensure it is in your child's best interest. Put the children's needs and wants first rather than focusing on what works for you.

Put yourself in the kids' shoes to understand their point of view. For example, suppose each parent wants to host family gatherings on their respective sides of the family. Instead of getting into an argument, it will be better to talk to your child and ask them which gathering they would like to attend. Then, respect your child's decision and try to make things happen for them.

Embrace Flexibility

It is okay to switch up holiday traditions. While some aspects of the holidays must remain consistent, you should be flexible enough with your co-parenting plan and embrace changes in your family dynamic.

For instance, if one parent cannot make it to Christmas dinner due to work commitments, they can still join virtually, or the other parent can take a video call from them. This flexibility will help keep everyone connected during the holidays.

Talk About Gifts in Advance

Gifts are an essential part of the holidays and will make an unforgettable memory for your children. Hence, discussing and agreeing on the gift-giving plan with your co-parent is critical.

Discuss who will buy the gifts, when they will be purchased, and how much money each of you will spend, and divide the gifts among yourselves. Make sure both parents decide together and communicate the gift-giving plan to the kids before the holiday season begins. This tip will enable you to avoid any conflict related to gifts or buying things the other parent disapproves of.

Create a Schedule and Stick to It

A schedule should guide you in managing your co-parenting during the holidays. It should be realistic, suitable for both parents, and flexible enough to accommodate any unexpected changes or surprises.

The schedule should include details of who will host family gatherings, which parent will take the kids out for holiday activities such as sledding or decorating a Christmas tree, and when each parent will see the kids. This way, you and your ex-partner can plan while minimizing stress and anxiety levels.

Remember to Look After Yourself

Don't be too hard on yourself — co-parenting during the holidays can be challenging, so take some time.

If you are feeling overwhelmed or anxious about upcoming events and tasks, don't hesitate to ask for help from family members or friends. Also, if there are conflicts between your co-parents, seek the help of a mediator to help devise a plan and resolve issues.

Communicate Openly and Honestly

Keeping secrets or hiding information will only worsen during the holiday season. Instead, be open and respectful when talking to your ex-partner, as it will help you establish a healthy relationship with them. Talk about sensitive topics in person instead of through text messages or emails; this will ensure that neither party misinterprets a message.

Co-parenting during the holidays can be difficult, but the tips above can help make the experience smoother for parents and kids. If you experience difficulties, let a family lawyer guide you through the process and provide legal advice.

You can trust us at Kalasnik Law Office to walk with you through divorce and co-parenting. We understand family law and can offer the right solution for your specific situation. Contact us today and ensure a happy holiday season with the ones you love.

5 Steps to Adopting a Child

Wed, 26 Oct 2022 19:17:19 GMT

The adoption process involves several steps and can take a long time to complete. You may have to wait for six months from the time you make an application to the time you receive the child in the home. If court proceedings become part of the adoption process, the process will be even longer. Keep reading to know the basic steps involved in the adoption process.

1. Pick an Adoption Agency

Many adoption agencies provide adoption services across the United States. If the adoption organization has children who are under the guardianship of government agencies, you may not have to pay any money to adopt a child. On the other hand, you will have to pay some fee if you adopt a child from an authorized voluntary agency.

To select the appropriate agency, do research by talking to multiple organizations. Parent support networks may also provide critical information to help you choose the ideal adoption agency. When doing the research, try to know the adoption process of each entity. Read online reviews of the adoption agency and reach out to their references to get further information.

2. Know the Adoption Cost

The adoption process involves costs and fees that you should know beforehand to create your budget. You may have to pay an adoption professional as well as marketing costs to reach potential birth mothers. The birth mother may also demand that you cater for pregnancy expenses and travel costs. You will also have to pay legal fees to a lawyer who will assist you in the adoption preceding.

3. Decide Who to Work With

Lawyers and agencies can both help you to adopt a child and complete the legal process. Both will vet your financial and family background to determine if you are a good fit. Similarly, both agencies will interview the birth mother and provide counseling during the adoption process.

The difference between an adoption agency and an attorney is how they establish contact with the birth mother. The birth mother will typically look for an adoption agency, while a lawyer will advertise to reach out to pregnant women. In addition, adoption agencies can either have a public or private structure.

4. Seek Adoption Opportunities

If you are looking for pregnant women interested in giving up their unborn child for adoption, you may need to fill out a questionnaire. The questionnaire provides information to help the adoption agency find the right match for you. You will also state your financial status and the amount you are willing to spend on the adoption process.

Furthermore, specify whether you prefer a semi-open or open adoption arrangement. Sometimes, the birth mother will also want to know your family size and many other details. As a result, many adoption agencies will encourage you to have videos and written narratives to present to the birth parents. When you provide more information, you increase your chances of getting an adoption opportunity.

5. Placement

Once the adoption agency or attorney finds a suitable match, they will reach out to you. The adoptive parents may decide to meet you to get more information about you. If you are approved, you will sign an adoptive agreement that places the child within your family. The placement process will involve several legal documents.

Everybody wants to be in a family where they are loved and cared for. That may be why you may decide to become an adoptive parent. Since the adoption process is long, it's best to leave it to a qualified attorney, like Kalasnik Law Office. We help people through the entire adoption process at an affordable fee. Contact us for more information.

Should You Hire an Attorney If You Think You're Guilty?

Mon, 19 Sep 2022 16:49:35 GMT

You have the right to counsel when arrested and charged with a crime. However, if you think you're guilty, you might be tempted to waive this right. You might feel there's nothing an attorney can do to help you. You assume that your best bet is to take a plea deal. But, it's never a good idea to give up your right to counsel.

Here's why you should hire a criminal defense attorney even if you think you're guilty.

Know Your Legal Options

Police and prosecutors won't tell you everything about the criminal allegations you face. They'll only inform you about the worst possible consequences if you don't plead guilty but are found guilty in court. Consult a criminal defense attorney to learn your rights as a suspect.

The attorney will educate you on the gravity of the criminal charges against you and the possible penalties. They'll also help you explore different legal defenses. With this information, it's easy to decide when to take a plea deal and when to go to trial.

Your lawyer will also fight for your release from custody on bail.

Dispute Prosecutor's Evidence

Although the prosecutor has a ton of evidence against you, it might not be admissible in court. The evidence might be hearsay, or it might have been gathered illegally. Unfortunately, you don't know how to challenge this evidence as a suspect. The prosecutor will use your lack of legal knowledge to persuade you to admit wrongdoing.

Hire an attorney to dispute the prosecutor's evidence in court and mitigate this risk. The lawyer will cross-examine the prosecutor's witnesses to find inconsistencies in their testimonials. They'll help you find witnesses to testify on your behalf to establish reasonable doubt.

The best criminal defense attorney will also question the police who arrested you to find flaws in their work. The lawyer might uncover the police didn't have probable cause when they arrested you. The goal is to provide grounds for the court to dismiss the criminal charges against you.

Negotiate a Fair Plea Agreement

When the prosecutor presents a plea deal, they'll make it seem like it's the best one you'll get. They may even add a timeline for taking the plea to make you feel like you're against the clock. All these tactics aim to confuse you and push you to take a plea agreement that's not in your best interest.

Hire a criminal defense attorney to negotiate your plea deal. The attorney has in-depth negotiation skills, and you can trust them to help you achieve the best possible outcome in your case. Your lawyer will also go through the plea deal presented by the prosecutor and counsel you on whether to take it or not.

Fight for a Fair Court Ruling

Many Americans complain that the current judicial system is unfair. They feel the courts tend to pass harsh judgments that don't fit the crimes. So, you might face severe punishment for your crimes without an attorney. Seek the services of an experienced attorney to mitigate this legal risk.

Your attorney will advise you on when to appeal to a judge for a reduced punishment. The lawyer's work is to help you get a fair court ruling. So, even if you're found guilty, the attorney will ensure the court's punishment matches the crime.

Hire a Criminal Defense Attorney to Get the Best Possible Outcome

Although you think you're guilty, don't waive your right to counsel. You still need an attorney to help you understand all your legal options. Your attorney will also challenge the prosecutor's evidence to establish reasonable doubt. An attorney will also help you fight for a fair court ruling, and they'll advise you on when to appeal.

4 Tips You Should Follow When Under Arrest

Mon, 15 Aug 2022 19:00:02 GMT

Police officers exist to serve and protect us from any harm and to intervene when there's civil unrest. However, you might find yourself on the wrong end of the law, and officers may detain you to prevent any further harm to your community or interview you as a suspect in a criminal investigation.

If you are ever unfortunate enough to find yourself under arrest, there are certain things you should do or avoid to protect your rights and interests. This blog post will discuss four tips you should follow when under arrest.

1. Accept the Officer's Arrest Attempt

Police officers must ensure your protection while on duty, but they cannot guarantee your safety if you resist arrest. Police academies train their officers to deal with resistance and will use whatever force is necessary to subdue the person. Therefore, you have more leverage if you comply with the police and go through the legal process rather than resist and risk physical damage or legal consequences since resistance is a criminal act.

Resistance when an officer prompts you to comply with their capture request could lead to your indictment, regardless of your innocence in regards to the original charge. Such resistance will deteriorate your chances of a positive outcome in court, and you may be faced with fines and jail time.

Additionally, do not try to escape or evade an officer when they approach you with the intent to arrest you. Police may use the escape attempt and any circumstantial evidence left behind as probable cause to use lethal force. Any dissuasion used to prevent your flight might be admissible in court as legitimate since you failed to comply.

2. Respect the Officer's Authority

Remain calm and respectful while interacting with any police officers. You should cooperate with the police officers as much as possible, even if they treat you disrespectfully. This respect will help you avoid any potential problems later on in court proceedings. If you choose not to cooperate and engage in disrespectful behavior toward your arresting officer, they can use this situation against you during trial proceedings.

3. Provide Accurate Information

You should provide the arresting officer with any information they request to identify you positively. The information will help the officer correctly identify you and safeguard your innocence should they decide to investigate the truth behind your claims of innocence. Additionally, identification will absolve any doubts the officer had about your identity, as they may otherwise contact your house or workplace to verify the information.

If you provide the arrest officer with false information, they can later use your false identification as proof of obstruction of justice in court. The judge will argue that you might have provided false information to absolve yourself and could use it against you at sentencing.

4. Avoid Any Interrogation Attempt If It Incriminates You

Police officers often remind you that you retain your right to silence, and they can use anything you say against you during court proceedings. Only provide information that can correctly identify you without any other additional information that can implicate you in a crime. Additionally, you should answer questions that ask for facts like your workplace and residence. However, do not offer co-operation unless you understand how to navigate such questions.

You should remember to plead the Fifth Amendment and request the presence of a lawyer. You may accidentally implicate yourself if you answer any questions outside the personal identification information the officer requests.

We hope this article illuminated the right actions you should pursue if you are placed under arrest in the future. Police arrests and investigations can implicate you for crimes you did not commit if you are not careful or interact with the officers negatively.

Contact us at Kalasnik Law Office LLC if you require any legal advice, representation, and assistance to defend your rights and privileges.

The Most Common Reasons for Divorce

Mon, 18 Jul 2022 18:59:00 GMT

Even with the surge in marriage counseling, education, and family therapists, divorce remains a constant reality in society. Different issues may lead to a divorce, and the causes are often intertwined.

By understanding the top reasons for divorce, you might be able to make sense of the forces driving you and your partner apart. The following are the common grounds for divorce.

Communication Problems

Communication problems account for 67.5 percent of divorces . Keeping a good relationship alive requires communication. Disjointed communication can lead to resentment and frustration, which negatively impacts a marriage.

Open and honest communication allows you and your spouse to discuss any personal issues or disagreements you may have. Spouses who stop talking may feel isolated, lonely, and stop caring for one another. As a result, the relationship may break down.

Adopting mindful communication can be challenging, but improving and saving your relationship is well worth the effort.

Extramarital Affairs

Cheating is nothing new. But one party going outside of their marriage to satisfy their sexual needs can be the beginning of doom in any relationship. When an affair happens, partners can have a difficult time regaining trust.

The main reasons for cheating are anger, resentment, and differences in sexual appetite. Social media plays a significant role in our daily lives but unfortunately exacerbates adultery.

Mending your marriage after infidelity can be an uphill task. If both spouses commit to healing the relationship, they can rebuild trust, admit guilt, and learn to forgive. If this is impossible, however, divorce is an option.

Domestic Abuse

Abuse comes in many forms, and one partner may subject another to physical and psychological harm. Physical abuse is usually targeted at one partner and may spill over to children. Psychological abuse may come from a partner withdrawing affection as punishment, or as emotional abuse that takes the form of verbal abuse. Any kind of abuse can leave the victim feeling powerless.

Many people endure abuse in many marriages for too long out of fear or in the hope that the spouse will change eventually. While some abuse can end with counseling and therapy, other conflicts may require a domestic violence shelter to help and even end the relationship safely.

In extreme cases, the victim will need legal help to leave the abusive partner. Nevertheless, any form of domestic abuse is a valid reason for divorce.

Substance Abuse and Addiction

ubstance abuse and addiction often contribute to many divorces in the US.

Marriage is at risk when the addicted partner values an addiction more than the relationship. A spouse can have an addiction to drugs, alcohol, or gambling.

After therapy, some addicts recover, but in extreme cases, separating the addict from the other spouse and children is often best. When the addict doesn't want to get help or becomes a threat to the other partner, the next option is often divorce.

Financial Problems

Money can often be a source of conflict between married couples. Financial problems in a relationship can arise for a variety of reasons, including:

Different spending or saving habits
Income inequality issues
Unstable financial situation
Financial control by one spouse
Different ideas about long-term financial goals

Money issues are tough to deal with. The best solution is to communicate openly about financial interests, especially during challenging times.

Your marriage probably won't be free of financial disagreements. But as with other marital problems, your marriage is more likely to survive if you tackle money problems as a team and with honesty.

Marriage is never easy. Sometimes even the best-intentioned couples cannot overcome their challenges and end up in court. Nevertheless, if divorce is not an inevitable outcome, you may be able to change course and work on your marriage before it's too late.

If you decide divorce is the way to go, contact us to schedule your initial consultation and get started on the path to a better future.

Why You Should Hire a Juvenile Defense Attorney

Mon, 13 Jun 2022 15:07:24 GMT

Children make mistakes all the time. Unfortunately, some of those mistakes land them in trouble with the law. About 1,909 children in the US get arrested each day. Children have legal rights, so, if your child gets arrested, they deserve a fair trial and have a right to legal representation.

A juvenile defense attorney represents your child in juvenile criminal court and ensures they get the best outcome possible. Your child can avoid a verdict that might compromise their bright future when they have legal representation.

This article highlights the benefits of hiring a juvenile defense attorney when your child is in trouble with the law.

To Protect Your Child's Rights

Arrests are chaotic. Sometimes, officers might not follow protocol during a juvenile arrest. Most children do not know their legal rights. Therefore, your child may not be able to defend themselves in the event of an unlawful arrest.

The Miranda rights are one of the laws that protect citizens' rights during an arrest. For juveniles, they include the right to have an attorney and a parent present during the hearing. During an arrest, police officers should read your child the Miranda rights. Otherwise, the arrest is unlawful.

When you hire an attorney, they review your child's rights to ensure there were no violations. The attorney talks to your child to ensure the officer read their rights during the arrest. They also check whether the officers who arrested your child conducted an illegal search.

If the attorney proves a rights violation during the arrest, they may file a motion to dismiss the charges or to establish the evidence presented as inadmissible.

To Improve the Chances of a Positive Outcome

A minor has little chance of winning a case without defense. Your child does not know the law and might give responses that incriminate them in court. Nevertheless, a juvenile defense lawyer knows how juvenile court works. Thus, they prepare your child for the hearing.

An experienced juvenile defense attorney coaches your child on how to respond to questions in court. They review the case details and develop a strategy to present your child positively. They can prove to the judge that your child is an innocent minor who made a mistake and not a criminal.

The lawyer helps you gather evidence to improve your child's chances. They look through their records and highlight their achievements. If your child has a previous criminal record, the attorney may try to show the court that the minor is a victim of circumstances and meant to do no wrong.

An attorney tries their best to have your child acquitted, and if that is not possible, they try to have their sentence reduced. If your child did not commit a serious crime, the attorney could get the case diverted to an informal setting so that your child has no juvenile criminal record.

To Protect Your Child from an Adult Criminal Trial

Sometimes, judges transfer juvenile cases to adult criminal court. Usually, these are cases that involve serious crimes such as murder or assault and battery. The court may also try minors with previous criminal records in adult criminal court.

Adult criminal cases carry more severe penalties and charges. Your child may even go to jail if tried as an adult. Therefore, you should avoid an adult criminal trial at all costs.

A juvenile defense attorney fights against the waiver to try your minor as an adult, which saves them from severe punishment.

As a parent or guardian, it is your duty to protect your child in all circumstances, even when they are wrong. Getting your child the proper defense in a juvenile case gives them a chance to mend their ways and do better.

At Kalasnik Law Office, we believe that a minor's mistakes should not define them for the rest of their lives. That is why we commit to defending juveniles to give them a chance to do better. Contact us today for legal representation in juvenile cases in South Central Pennsylvania.

Accused of Theft at Work? 5 Steps to Protect Yourself

Mon, 18 Apr 2022 15:05:15 GMT

Have you been accused of theft at work? When things at the workplace go missing — whether it's cash, inventory, supplies, or even bookkeeping transactions — employees may find themselves on the receiving end of investigations or outright accusations. What should you do, and not do, if this happens to you? Here are five key things to keep in mind.

1. Remain Calm

When you are innocent of an accusation, you're likely to feel emotionally charged and possibly traumatized by it. But the best thing you can do for yourself is to avoid rash, overreacting, or unnecessarily angry responses.

Remain calm and listen to what your accuser is saying. Think before you speak. Remember that your goal is not to react quickly but to react in ways that will help yourself as much as possible.

2. Consider Talking It Out

Should you meet with your employer to explain the situation? There is no one-size-fits-all answer to this question. Any time you speak about the alleged incident, you open yourself up to having your words misconstrued, misquoted, or taken out of context. Therefore, you may not find that explaining yourself to the employer helps. It could even make things worse — especially if your employer is not open to your side of the story.

However, if the individuals are fair-minded and you can explain things in a logical manner, discussing the situation may help clear up the matter early and quickly. Only you and your attorney know which situation you are dealing with. It is always better to speak to your attorney FIRST before saying anything to anyone else.

3. Gather Information

Gather relevant information from both sides of the case. Find out exactly what you've been accused of, what their evidence is, and what the circumstances around the incident were. Only when you have a full grasp of why your employer believes you to be guilty can you respond to them properly.

At the same time, gather your own evidence showing why you did not commit this act. Look for ways to prove your side of the story, such as by writing down which employees were there or where they were located at the time. If there were cameras, ask to see footage. And if possible, make photocopies of any documents your accuser is using against you.

4. Learn Your Rights

Your employer is working for their own interests, not your interests — especially if they believe you've wronged them. Therefore, you must look after your own interests yourself by consulting with an attorney who will protect your interests.

You can also do this by learning about your rights as an individual and as an employee. You generally have the right to view your human resources file, for instance, and to decline taking a lie detector test. You also have inherent rights to privacy and confidentiality in the workplace. But you can only assert those rights which you know about and know how to use.

5. Speak With an Attorney

Theft and embezzlement are serious charges, regardless of the circumstances. If fired as a result, you'll have a negative mark on your career and your resume for many years. It may limit your earning potential. If things go so far as to include criminal charges? You could very well end up with fines, jail time, and a conviction on your record.

Meet with an attorney as soon as possible to prevent legal and career trouble. The attorney will help you decide if you should speak with your employer, work to build a strong case, and assist with negotiations if necessary.

Where to Start

No matter what stage you're in after being accused of misappropriation at work, start finding the solutions you need by contacting Kalasnik Law Office LLC. For more than 26 years, we've assisted Pennsylvania employees with workplace issues, including criminal cases. Call today to learn how we can help you successfully navigate this difficult time.

How to Prepare for a Child Custody Hearing

Thu, 24 Mar 2022 17:11:26 GMT

Sometimes, when couples with children separate, agreeing on parenting time can be difficult. After mediation fails, parents have to apply for a child custody hearing to settle parenting arrangements. The judge presiding over a child custody hearing makes the final decision on parenting arrangements between a couple that has split.

The risk in a child custody hearing is that the judge may decide on an arrangement that either parent or both find unfavorable. The best way to maximize your chances of a fair hearing is by preparing adequately for the hearing. Read on to find out some ways you can prepare for a child custody hearing.

Get Familiar With Your State's Child Custody Laws

You will need to know what you're up against before your court date. Therefore, research your state's child custody laws extensively to understand how to make the law work in your favor. The best way to do your research is to read law documents relating to your case.

Some things you may want to look up include:

Relevant law terminology
Paternity rights (for unmarried fathers)
Parental rights and responsibilities
Rules of evidence
Different custody types

Having knowledge of the custody laws will make you feel more prepared and help you know which questions to ask your lawyer.

Find Evidence to Prove You're the Better Parent

If you're planning on filing for sole custody, your chances of winning lie in your ability to prove to the judge that you are the best parent to raise your child. Proving you're the better parent may be especially difficult in cases where the other parent was also involved in their child's life. So consult your lawyer on the best way to prove this.

The judge may consider a parent's availability, financial well-being, and criminal records when determining if they are fit for sole custody.

Gather Relevant Documentation

As you prepare for your day in court, gather any documents that may support your cause. You may consult your lawyer on which documents to bring to the hearing. Relevant documents in a child custody hearing include the following items.

Visitation Records

Visitation records should indicate the frequency and length of parental visits. You can use these to prove a close relationship with your child or show that the other parent had no meaningful relationship with the child.

Communication Records

These may include call logs and text message records.

Financial Records

These show the costs incurred in childcare after the divorce or separation, and they prove that you provided your children with financial support.

Your Child's Records

These records will show how your child is faring in your care. You may include their school reports, medical documents, and records of parent-teacher meetings.

Remember to document any important events that prove your commitment to meeting your parental responsibilities.

Learn About Courtroom Etiquette

Your behavior in court may determine whether the judge deems you fit for custody. Your lawyer will coach you on appropriate courtroom behavior in court to make a favorable impression on the judge.

Avoid using an accusatory tone when presenting your statement to prove you are emotionally fit to parent your children. Ensure you also dress appropriately to look like a responsible adult.

Prepare Your Testimony

Parents' testimonies play a huge role in determining the judge's final decision in a custody hearing. So ensure you give a convincing testimony in court. The other parent and their attorney may cross-examine you. Therefore, prepare appropriate answers for any questions they may ask. You may also want to prepare counter-questions to ask the other parent.

Custody hearings can be scary because they determine whether you get to be in your child's life as much as you'd like. With an experienced family law attorney by your side, you have better chances of winning custody. If you are in the midst of a custody battle, contact our family law attorneys at Kalasnik Law Office for legal representation in your case.

Tips for Handling Your Child's Medical Care After Divorce

Mon, 28 Feb 2022 22:39:41 GMT

Your child's medical care can set you in opposition against the other parent after your divorce. Such disagreements can harm the child, however, by delaying medical care. Use the following tips to care for your child's health after divorce.

Preempt the Challenges During Divorce

Start preparing for your child's post-divorce health during your divorce. Below are two ways to do this.

Include Medical Issues in the Custody Agreement

Discuss and agree on how to handle medical issues after the divorce. Discuss every possible scenario you can think of. For example, you should discuss vaccinations, alternative treatment methods, and elective surgeries. The court will not have a problem with your agreements as long as they are legal and are in the child's best interests.

Have Appropriate Medical Insurance in Place

Disagreements might arise if your child needs medical care and you do not have the resources to pay for it. Put in place appropriate medical care to forestall such problems. If both parents have medical insurance, they should include all the minor children in both plans. Your child support agreement should provide for out-of-pocket medical expenses.

Discuss the Issue With the Other Parent

Your divorce, custody, or support document cannot include every imaginable medical issue in the world. Your child might experience problems you never envisioned during the divorce. Discuss such issues with the other parent and reach an agreement unless you have sole legal custody of the child.

Say a new vaccine for a newly discovered disease becomes available. Discuss the issue with the other parent before vaccinating the child.

Act in Case of an Emergency

You might not always have the time to discuss medical problems with the other child. Many medical emergencies require prompt action to save lives or prevent medical complications. For example, you should not leave a child in pain to discuss their accident with the other parent.

In such a case, act first and get the child emergency medical care and then inform the other parent. You can discuss the rest of the treatment after that. In case the other parent raises the issue with the court, the court will evaluate whether your actions were in the child's best interest.

Keep the Other Parent in the Loop

Both of you should keep the other in the loop about the child's medical issues. For example, you should both:

Know the child's doctors and dentists
Have the child's drug prescriptions
Receive communication from the child's medical providers
Keep abreast of the child's recovery after an illness or injury

For one, the knowledge will help whoever has physical custody of the child at any time to take care of them. Secondly, you can prevent many disagreements with the other parent just by keeping them in the loop.

Keep the Child's Interests Foremost

Whatever you do, remember that the child's best interests outweigh all other issues. For example, do not take controversial stands just to spite the other parent. Keep your child's welfare in mind to help the child and avoid complications with the other parent.

Petition the Court for Help

Lastly, you have the right to petition for the court's help if you cannot agree with the other parent. If you have a co-parent you can’t make a decision with, reach out to the court for help, and it will use the best available information to help your child.

Contact Kalasnik Law Office LLC for help with all your divorce or family law issues. We have decades of legal experience and promise to put your best interests first. We look forward to being there for you and your child in your time of need.

Planning For Post-Divorce Life

Wed, 09 Feb 2022 19:25:14 GMT

Don't wait for the divorce settlement to plan for your life after divorce. Start planning for the rest of your life during your divorce. Below are some tips that can help you.

Aim for a Mixed Portfolio of Assets

Your divorce settlement may involve both cash and assets. Mixed assets may give you better financial security than single assets. That way, you won't lose much even if one asset loses its value.

Say you have a choice between one piece of real estate property and stocks, cash, business shares, and jewelry. You might lose considerable money if you choose the real estate property and something occurs to reduce its value. However, the risk that something might affect every asset in the mixed portfolio is low.

Insure Spousal and Child Support

Child and spousal support can continue for many years after a divorce. For example, a five-year-old child may receive child support for over a decade. You cannot be certain that the parent paying the support will be alive for the support duration. Unfortunately, the paying parent's demise might leave you and the child in a financial rut.

Life insurance can help you protect the support payments. Include the coverage in your divorce settlement agreement. Designate a custodian as the beneficiary in the life insurance policy for child support protection. The custodian designation as a beneficiary helps since the child cannot administer such financial accounts before adulthood.

Avoid Divorce Delays

The more drawn-out your divorce is, the more it's likely to affect your future life. For example, a protracted divorce may:

Cost in terms of legal fees and expenses
Affect your mental health
Put your life in limbo as you wait for the settlement

Do your part to accelerate the divorce as much as possible. Discover a few tips to help you:

Don't hide assets
Be honest with your disclosures
Negotiate in good faith
Compromise where necessary

A divorce attorney can help you hasten the divorce.

Update Your Estate Plans

Update your estate plans to minimize your former partner's effect on your life after the divorcee. For example, you may:

Update the beneficiary designations in your last will and testament to remove your spouse if you don't want them to receive a part of your estate in case of your demise.
Designate another person as your attorney in fact (for the durable power of attorney) or health care proxy if your spouse currently holds those positions.
Designate a different executor of your estate plans if your spouse currently holds the position.

You don't have to delete your spouse from your estate plans if you are on good terms and still want them to play a role in your life. However, you should know that the divorce settlement alone doesn't erase your spouse from the estate plans. You have to update the plans to reflect your current wishes.

Involve Professionals

Relevant professionals will help you use skills and logic instead of guesswork or emotions to plan for your post-divorce life. For example, you may need:

A financial planner to help you minimize the divorce's impact on your finances
An estate planning lawyer to advise you and help you update your estate plans
A tax professional to minimize the tax impact on your divorce assets
A therapist to help you overcome the divorce's effect on your mental health

Your divorce lawyer, support group, or family and friends can help you with referrals for these professionals.

Kalasnik Law Office LLC can handle the legal aspects of your divorce. We have decades of experience in family law. Contact us for a consultation to determine how to proceed with your case.

Key Facts About Domestic Violence Law in Pennsylvania

Wed, 02 Feb 2022 22:41:37 GMT

If you have been accused of committing violence in the home, an attorney can help you defend a domestic violence claim to take legal action to try to prove your innocence. You should also inform yourself of some of the key aspects of domestic violence law in Pennsylvania to give yourself an advantage throughout the legal proceedings.

Acts Other Than Physical Abuse May be Classified as Domestic Violence

Domestic violence is often defined as acts of physical violence inside the home, such as hitting, choking, or sexual assault. However, acts of emotional abuse, such as frequent insults or threats, can also be classified as domestic violence in some cases. In Pennsylvania , someone may even file a domestic violence claim if you or someone else in your home stole or destroyed personal property. Animal abuse can also be classified as domestic violence.

Common Defenses

People who have been accused of domestic violence usually use certain defense strategies to deny liability. The defendant might claim a lack of intent to cause bodily harm or deny the allegation outright. If you had to use physical force to defend yourself against violence in the home, a self-defense claim may be used to try to justify your actions.

In some cases, defendants have claimed insanity or intoxication in an attempt to prove that they were not in a clear, rational state of mind when the domestic violence occurred.

Possible Penalties

A domestic violence charge ranges from a misdemeanor to a felony. The incarceration time for someone who is convicted for domestic violence can range from a few days to several years behind bars. Under Pennsylvania law, a person who is found guilty of domestic violence may be ordered to attend anger management classes or counseling or may be incarcerated depending on the severity of the charge. The more bodily harm that is caused, the greater the charge will be.

Possible Plea Bargains

Like in many other types of criminal cases, you can possibly have your domestic violence charge reduced if you agree to plead guilty to a lesser charge. Your lawyer will work with the prosecution to try to reach a plea bargain agreement that may reduce your jail time and fines and may even help you avoid incarceration entirely.

Instead of going to jail, you may be able to attend anger management classes, go to counseling or undergo a comprehensive mental health evaluation if you are found guilty after entering your plea bargain.

A PFA Order Might be Issued

A Protection From Abuse (PFA) order may be issued against you by the judge. If a PFA is issued, you will be required by law to avoid all contact with the alleged victim.

If you are still living with the alleged victim, you will need to move out of the home or face consequences for violating the order. You might even be ordered to surrender custody of any children you have until your case is decided in court or the order has expired after three years. Penalties for violating a PFA order in Pennsylvania include a $1,000 fine and a six-month jail sentence.

Taking the Stand is Usually Necessary

In most domestic violence cases, defendants are expected to take the stand to testify in court. Your lawyer will help prepare your testimony so that you will know exactly what you should say in court along with any details that should be omitted. You will also receive help with preparing for cross-examination from the prosecuting attorney.

A domestic violence conviction carries serious consequences that could impact your family, your freedom, and your reputation. Get in touch with a lawyer today to get help with your case if a domestic violence claim has been brought against you.

Types Of Child Custody

Mon, 29 Nov 2021 22:16:02 GMT

Child custody negotiations can be quite complicated. You should know what type of child custody suits your child and your circumstances before you start the negotiations. Otherwise, you might finalize the negotiations only to realize you made a major mistake. Knowledge of the different child custody forms can also help you fight for your child during court sessions.

Below are a few various forms of child custody the law recognizes.

Physical Custody

Physical custody of the child gives you the right to live with them. Physical custody gives you direct and firsthand control of the child's daily life. For example, physical custody means:

You provide the child with food
You provide shelter for the child
You care for the child if they fall ill
You help the child with hygiene if they are too young to handle personal hygiene
You can vacation with the child unless there are restrictions in place

The parent with physical custody gets to spend the most time with the child in most cases.

Legal Custody

Legal custody gives you the right to decide how to raise your child. For example, legal custody means you get to decide:

Which school the child can attend
Which religious upbringing the child can have
Where the child can live
Which medical treatments the child can enjoy

You are likely to get legal custody of the child, even if you don't have their physical custody. The court will only deny you legal custody of the child if evidence shows that your decisions have or can negatively affect the child. For example, you might not get legal custody of the child if you have a drug abuse problem that can cause you to make injuries decisions on the child's life.

Shared Custody

Courts recognize the need for children to get their upbringing from both parents. Thus, courts usually award both legal and physical custody of children to both parents. In this case, the child spends some time in your house and the rest of the time in the other parent's house.

If that is the case with your situation, then the custody arrangement may specify:

Which days each parent will have the child
Where you will pick up or drop off the child if your time with them ends
Whether you get equal times with the child

The parent with physical custody of the child at any time gets to make immediate decisions, such as the child's nutritional needs.

Shared custody is common but is not automatic. For example, the court might deny you physical custody of the child if it has evidence that you are an unfit parent. For example, a history of domestic violence or abuse reduces your chances of shared custody.

Sole Custody

Sole custody means one parent gets full custody of the child. Sole custody can be physical, which means the child lives with one parent all the time. Sole custody can also be legal, where one parent makes all the major decisions that affect the child's life. As mentioned above, sole custody is uncommon, and it only applies in exceptional circumstances.

Third-party Custody

Parental child custody is the most common form of custody. After all, parents are responsible for their children. However, a non-parent can also get custody of a child if custody by the parents is harming the child or the parents are unavailable. Say both parents are behind bars, drug abusers, or dead. In such cases, the court might allow third-party child custody by, say, a grandparent.

You should get the right child custody and arrangement from the first time. That way, you won't have to modify your arrangement soon after. Contact Kalasnik Law Office for advice and help in all your child custody and family law matters.

Understanding Protection From Abuse Orders

Tue, 16 Nov 2021 13:31:40 GMT

When you have been a victim of abuse, this can be a very stressful time with many uncertainties. One of the most pressing concerns is whether or not the perpetrator of your crime will seek you out again.

Fortunately, the state of Pennsylvania will issue you a civil protection order that can help keep this from happening when put in place. Called protection from abuse orders, learn some information about why they are necessary, what they are, and what they can do.

How Common Is Abuse?

Abuse statistics are staggering. Abuse is gender-neutral, meaning victims or abusers can be both male and female. However, women are more likely to suffer severe violence than men.

More than 10 million people suffer some form of domestic abuse across the country each year. Domestic violence hotlines across the country in 2020 received more than 21,000 calls per day, which equates to an average of 15 calls per minute.

While these are national numbers, Pennsylvania is not exempt. More than 37% of women and 30% of men in the state experienced violence or stalking by an intimate partner.

Not everyone makes it out of a domestic violence confrontation alive. In 2020 in Pennsylvania, 109 victims and 32 perpetrators were killed during domestic violence episodes. The number of fatalities in Pennsylvania increases to more than 1,500 victims and perpetrators when you consider the numbers in the last decade.

What Are Protection From Abuse Orders (PFA)?

A protection from abuse order is a legal document the court issues that tells the perpetrator of your crime that they will face severe consequences if your abuse does not stop. To be considered domestic violence, a family or household member must perpetuate the abuse against you. You may take a protection from abuse order out against:

Family members by blood, marriage, or guardianship
Household members
Intimate partners (including current or former)

You petition the court for protection from abuse orders for abusers. If your abuser is not a family member or intimate partner, you will need a Sexual Violence Protection Order (SVPO).

If you have children under 18 and their non-family member abuser is over 18, you would also not use a PFA. You will need to assist them in securing a Protection from Intimidation Order (PFIO), which would afford them the same level of protection the PFA offers.

Your safety should always be first and foremost. If you are at risk of danger, call 911 for protection. The National Domestic Violence Hotline at 1800-799-SAFE (7233) can assist you with a wealth of information and direction to services.

What Does a PFA Include?

Each case is unique, and the court will offer you protections based on your needs. Some of the protections ordered may include:

For you not to be stalked, harassed, abused, threatened, or any attempts to be made to threaten or harm you or your children For the removal of the abuser from your home and allowing you to remain
For the abuser to financially support you and your children
For you to receive temporary custody
For the abuser to refrain from being in contact with your or your children at work, home, or school
For your abuser to hand over their firearms and ammunition to law enforcement

When requesting a protection from abuse order, one of the hardest things is knowing what to ask the court to include in their order. Fortunately, Kalasnik Law Office LLC has a wealth of knowledge and experience handling domestic violence cases. We can advise you on what protections to petition the court for and assist you in finding services you may need. Give us a call.

You Can Use to Ask for More Alimony

Tue, 02 Nov 2021 22:02:12 GMT

You need credible and convincing arguments to ask for an alimony increase. Below are some of the reasons the court may accept for increasing alimony receipts.

Reduction of Income

When a court calculates the alimony you should receive, it considers both your former partner's and your income. The court uses the information on how much money you need (and can get) as alimony to maintain your standard of living.

Say you are earning $3,000 per month, but your standard of living requires $5,000 per month. You may get the additional $2,000 as alimony subject to your former partners' ability to pay the money. You can petition the court for increased alimony if your income drops to $2,500. You may need to prove that your actions or inactions did not contribute to the income drop.

Loss of Assets

Your income is not the only factor in alimony calculation; your asset base matters too. Say you have a car, primary residence, and a vacation home. The judge will consider those assets when determining alimony since they affect your standard of living. As such, it makes sense to petition or alimony increased if you lose one of the assets.

For example, your standard of living would change if you lose your primary residence. In such a case, increased alimony may help you get a new place to live.

Increase in Justified Expenses

You may experience an increase in expenses without losing your assets or income. Say your city experiences increased investments, and property owners decide to increase rents. Your rent increase would be a justifiable increase in expense, especially if you cannot find cheaper housing. Use the rent increase to claim more alimony.

Failure of Financial Position to Improve

The law recognizes different forms of alimony. One of them is rehabilitative alimony, in which you need to improve your financial situation (for example, to start a business or go back to school). Unfortunately, things do not always go as planned, and your rehabilitation alimony might fail to improve your finances.

For example, an economic downturn can tank your business, or you might lose a job. You might need more money for your financial rehabilitation in such cases. Again, you must prove that you did not play a role in your financial difficulties.

Increased Cost of Living

The cost of living determines the spending power of money. The spending power of money decreases with the increased cost of living. A pandemic, war, or global economic downturn can all increase the cost of living. In such cases, the original alimony might be inadequate. You may get more alimony if your partner can pay Inadequate Original Award

You can also petition the court for more alimony if you have discovered errors in the original calculation. That might be the case if:

The judge did not consider all your ex-partner's sources of income
Your partner's lied about their assets or income
The court used an inflated value of your income or assets in the calculations

You may be able to get the court to recalculate your alimony if you can prove your claims.

Escalator Clause Trigger

An escalator clause gives you an automatic increase in alimony if the paying person's income increases. However, your partner might be reluctant to increase their payments even if their income increases. In such a case, you may petition the court to affect the increase.

If you are very lucky, you could get more alimony simply by negotiating with your former partner. However, many people are not that lucky and require the court's intervention to get more alimony. Kalasnik Law Office can help you with your alimony modification quest. Contact us for a consultation to determine the way forward.

Reopening a Divorce Case: Grounds and Tips

Tue, 02 Nov 2021 21:55:17 GMT

Few people get the divorce judgment they want. The court can reopen your divorce case if the divorce judgment is unfair to you. Below are possible grounds for reopening your divorce case, plus tips for success.

Grounds for Reopening

Only certain issues count as reasons for reopening divorce cases. Below are some of them.

Oversight or Mistake

Judges make divorce rulings after considering the available facts. Thus, an unfair ruling is possible if you make a mistake and don't provide a pertinent fact. For example, you might forget to list some assets if your spouse has multiple assets. You may petition the court to consider the assets you overlooked and make a new divorce judgment in such a case.

New Evidence

Reopening your divorce is also possible if you unearth new evidence that you didn't have before the court issued the initial ruling. For example, say you didn't know that your partner had spent thousands of dollars on an extramarital affair. The court would consider that the misappropriation of family resources and allow you to reopen the case.

Fraud

Lying or hiding assets during divorce can result in an unfair judgment, for example, you may get less property than you deserve if your partner lies about the true worth of their business or hides money in an offshore account. The court may reopen your case if you can prove the deceit.

Coercion

Lastly, you may also reopen your case if you can prove that you made some of the decisions under duress. Say you agreed to give up the marital home because your partner threatened to relocate with the kids if you didn't. Proof of coercion can help you reopen your divorce case.

Tips for Success

Reopening a divorce case is not always a straightforward affair. The court will only open your divorce case if you have compelling reasons for the same. Below are some tips to improve your chances of success.

Act Fast

You must file your application within a reasonable time. A delay would do injustice to your former spouse because they might lose some of the evidence they need for the case. Locating witnesses also becomes more complicated with time. State laws define what reasonable time means.

Negotiate

Ideally, the court shouldn't be your first port of call if you want to renegotiate your divorce judgment. Reach out to your former partner and see if you can negotiate an amicable agreement first. You can then take the agreement back to the court for ratification.

For one, an out-of-court agreement is likely to require less time and resources than court litigation. Secondly, civil courts have numerous cases and limited resources, so they encourage out-of-court settlements whenever necessary.

Prepare for Two Hearings

Expect at least two forms of hearings if you do go to court. First, the court will hold an initial hearing to determine whether you have legal grounds to reopen the case. You may get a feel of the general direction your case is likely to take during the initial hearing. A full hearing follows if the court determines the validity of reopening the case.

Consult an Attorney

Reopening and winning a divorce case requires legal expertise and experience. Don't forget that the court will not just reopen your case because you feel aggrieved. Consult a divorce attorney to scrutinize your case and advise you before filing the reopening application.

Note that you can use your previous lawyer or hire a new one to help reopen your case. The Kalasnik Law Office has decades of experience in the legal industry. We can help you handle your divorce case and even reopen it with acceptable grounds. Contact us for consultation on your divorce case or any other family law issue you may have.

Should You Pursue Fault or No-Fault Divorce in Pennsylvania?

websitebuilder@thryv.com — Tue, 02 Nov 2021 07:58:50 GMT

If you plan to get divorced in Pennsylvania, you have the choice to pursue two types of divorce: fault and no-fault. What do these terms mean? And which should you seek? Here are a few answers to your questions so you can make the best decision.

What Is a No-Fault Divorce?

As its name implies, a no-fault divorce is a divorce granted without stipulating which party was to blame for the marital breakdown. The terms for divorce are usually granted as irreconcilable differences or that the marriage is irretrievably broken. No matter what did occur within the marriage to end it, these matters are not up for debate and generally are not considered during negotiations.

What Is a Fault Divorce?

A fault divorce is sought on the grounds that one party is substantially responsible for the marital breakdown and this should be considered in the divorce terms. Common grounds for fault divorces include desertion, adultery, cruelty, bigamy, felony crimes, and substance abuse. Not all states allow fault-based divorces, but some - including Pennsylvania - let one or both parties choose which type to pursue.

What Are the Advantages of a No-Fault Divorce?

The biggest advantage of most no-fault divorces is that it speeds up the process of getting divorced. Because you don't have to prove your spouse was at fault, you can move directly on to the negotiations over assets, custody, and other practical matters. And if you are estranged from your spouse, a no-fault divorce allows you to get a divorce without them.

How does a no-fault divorce help each person? If one party is hesitant, the lack of fault-finding may help convince them to agree to a divorce. The privacy of both parties is also protected better because personal issues aren't brought into the courtroom or made part of negotiations. If you are emotionally distraught, this method prevents you from having to dredge up old wounds or suffer delays.

Certainly, if you were the party who may have been largely responsible for the divorce, no-fault actions help you. If you or your spouse proves fault divorce instead, you may receive fewer assets or worse custody arrangements. No-fault puts you in a better position.

What Are the Advantages of a Fault Divorce?

Why might you go to the extra effort to seek fault-based divorce? For some, the emotional closure of having it on record that you were not the one to blame for a broken marriage could be compelling enough to warrant the extra work - especially if they suffered greatly during the marriage.

However, most spouses who want a fault divorce use this to improve their chances at alimony, child custody, and favorable division of assets. In many no-fault divorces, asset division and money matters are seen separately from fault. But if you establish that your partner cheated on you, you may be able to get more compensation as an injured party. Similarly, you may be granted greater custody of minor children.

Where Should You Start?

For many modern couples, the idea of a no-fault divorce has become the standard way of looking at divorce. However, you also have good reasons to choose the more complicated fault-based divorce. The right path depends on your particular circumstances and your goals and needs during the divorce.

The best place to start is to consult with an experienced divorce attorney in the state in which you plan to file. They will work with you to analyze your case and provide counsel as to the best course of action. For more than 25 years, Kalasnik Law Office LLC has assisted Pennsylvania residents with all their divorce needs. Contact us today to make an appointment and learn how we can help you

What You Need to Know About Your Divorce Trial

websitebuilder@thryv.com — Mon, 15 Mar 2021 18:12:23 GMT

When a divorce goes to trial, the goal is to settle the terms of your divorce, particularly any parts of your negotiations you were not able to settle on your own. Prior to your divorce trial, you should know what to expect so you are not blindsided by the process.

When you know what is going to happen, you may have an experience that is smoother and more comfortable. The following are some parts of the trial process you should know about.

How Long Is a Divorce Trial?

Your divorce trial will have a set number of days assigned to it prior to the start of the process. However, this number can differ because the court determines how long the trial will be. And keep in mind that the person who files for divorce will be the first to present his or her side.

How Does a Divorce Trial Begin?

The first part of the process is the opening statements by both attorneys representing each spouse. The goal of the opening statement is for each attorney to briefly summarize the case and the desired results. Before you go to court, your attorney will provide documentation that supports your terms. This documentation gives the judge some insight into your case before the beginning of the trial.

When Do You and Your Witnesses Testify?

When you attend divorce court, you are the most important witness when it comes to providing testimony for your case. Your attorney will help you prepare to testify before you go to court so you will know what to expect.

You will have to answer questions from both your own attorney and your spouse's attorney. Be sure prepare for all possible questions prior to taking the stand. The best way to prepare is by having your attorney question you in a mock trial setting. This method helps ease your nerves and gives you a better idea of what to expect during your divorce trial.

Aside from providing your own testimony, other witnesses may testify on your behalf. Witnesses can include family members, doctors, therapists, teachers, and expert witnesses.

Expert witnesses are those familiar with a particular field of study or expertise, and they will testify to certain facts of a case. Expert witnesses are common in cases of domestic violence, difficult child custody battles, and drug and alcohol abuse.

The judge listens to the testimonies of witnesses to ensure they are a credible source. The information provided during witness testimony can make or break any case. All witnesses must be prepared with credible and factual information that benefits your claim.

How Does a Divorce Trial End?

After the witnesses provide testimony, and all questions are answered, both attorneys make a closing statement. The closing statements follow the same format as the opening statement, but typically include an argument as to why you should receive what you are requesting in your divorce.

During the statement, each attorney will also cite the evidence presented during the trial to reinforce different points. Once both attorneys have presented their closing statements, the court will reach a decision. Your judge may either rule at that time or present the ruling on a different day. Your attorney may also receive the decision to present to you.

Divorce is a difficult process and can be complex based on your circumstances. You should be prepared and know what to expect from the trial process, which is why you need a qualified attorney on your side to help you. If you have any questions about your divorce or how the trial will proceed, please contact the our team at Kalasnik Law Office .

Tips for Collecting Alimony Arrears

websitebuilder@thryv.com — Mon, 18 Jan 2021 18:09:55 GMT

You might be frustrated if your ex-partner is not paying you alimony as per the court's order. Fortunately, you have a range of steps you can take to collect alimony arrears. Below are some practical tips that can help. Just ensure you act fast before the arrears pile up too much.

Consider Negotiation

Approach your former partner and find out the reason for the missing payments. Who knows, you may be lucky enough to convince the person to clear the arrears. For example, if your ex owes you a lot of money, you can give them a discount if they can clear the arrears in a lump sum payment. Another tactic is to agree to an installment payment plan.

If your ex does make a promise, ensure you get the promise in writing. Ideally, you should involve an attorney to draft the agreement and make it legally binding. Otherwise, you might find yourself with more arrears and without proof of the arrangement.

Try Mediation

Consider mediation if the negotiation plan doesn't succeed or if your ex is being difficult. Mediation requires a neutral third party who can guide the negotiation and ensures each person gets to air their side of the story. The mediator should have a reasonable understanding of Pennsylvania alimony laws.

Gather the Evidence

You may have to seek legal redress if you don't succeed with negotiations or mediation. Gather the relevant evidence before you go to court. Some of the evidence you may need includes:

A copy of the divorce judgment that awarded you alimony
Your property settlement agreement
Copies of receipts of alimony payments
Copies of your ex's retirement account statements
Copies of your ex's social security papers

In short, you need everything that can prove your ex's income, the alimony amounts, and the arrears.

Prove Your Entitlement

Alimony, even permanent alimony, rarely continues forever. In most cases, the same documents that specify the alimony amount specify the end date. Even without a specific end date, Pennsylvania alimony terminates:

If the receiving spouse remarries
If the receiving spouse cohabits with another person
If either spouse passes away

Ideally, the paying spouse should file a motion to terminate the payments before they stop paying you. However, that doesn't always happen.

In some cases, your ex-spouse might stop the payments on erroneous beliefs. Maybe your spouse believes that you are cohabiting with someone even though that isn't the case. In such a case, prepare to defend against your ex's claim. You may also need to consult a family lawyer to help you counteract your ex's claims.

Use a QDRO

A qualified domestic relations order (QDRO) is a legal tool people use to divide some retirement benefits during a divorce. However, you can also use a QDRO to claim alimony arrears. In such a case, you will use the QDRO to go after the remaining portion of your ex's retirement benefits to clear the alimony arrears. A family attorney can help you prepare the QDRO.

Submit a Claim Against the Estate

As previously mentioned, alimony payments automatically stop if either party dies. However, you still have the right to collect alimony arrears after your ex's demise. In such a case, you are a creditor of your ex's estate. Proceed just as any creditor would do to claim their dues from the estate. You can even instigate the probate process if no one does.

Hopefully, you will get the alimony arrears before too long. Note that you should tailor the collection efforts to your unique circumstances. Kalasnik Law Office can review your circumstances and advise you on the best way to get the money your ex owes you. Contact us as soon as possible for help.

5 Reasons to Have a Lawyer Prepare Your Will

websitebuilder@thryv.com — Fri, 11 Dec 2020 18:08:08 GMT

If you own any type of property or are the legal guardian of any minor children, you need a will. This legal document explains what should happen to your property when you pass away and who will take guardianship of your minor children. An experienced estate planning lawyer can help you create a valid will and provide important legal advice and representation, as described below.

1. A Lawyer Can Make Sure You Follow the Proper Formalities

Pennsylvania has specific rules that apply when making and executing a will, including:

Where you sign the will
How you sign your will if you have a physical disability that prevents you from personally signing it
How your signature must be verified during the probate process

A lawyer is familiar with these rules and can ensure that you follow them in order to create a valid will.

If you do not make a valid will, your estate will be subject to Pennsylvania's laws of intestacy, which are the state's default rules that apply when someone dies without a will.

2. A Lawyer Can Make Your Will Self-Proving

To avoid the hassle of having witnesses come to court after you pass away or challenges of whether you signed the will voluntarily, you can make your will self-proving. Your estate planning lawyer can prepare affidavits for two witnesses to sign that say that they saw you sign the will and that you appeared to be of sound mind.

3. A Lawyer Can Customize Your Will Based on Your Needs

A lawyer can meet with you and discuss your particular estate planning needs. Your estate planning lawyer can discuss your concerns and estate planning objectives. They can help you address complicated family dynamics, such as if you want to protect children from a previous relationship. An estate planning lawyer can also help you anticipate potential challenges to your will and guard against them.

A knowledgeable estate planning lawyer can also provide you with additional insight about other estate planning documents you might need to protect your interests or other techniques you can use to avoid probate, reduce estate taxes, or achieve other estate planning objectives.

4. A Lawyer Can Make Necessary Changes

There are certain times when you may want to make changes to your will, such as:

You get married
You get divorce
You have a child
You adopt a child
Your relationship with a beneficiary or your personal representative changes
You acquire, sell, or transfer property

An experienced estate planning lawyer can explain whether you should create a completely new will if these changes occur or if a codicil that amends only a portion of your will should suffice.

5. A Lawyer Can Explain Your Legal Rights and Options

One of the most important reasons to hire an experienced Pennsylvania estate planning lawyer is to get sound legal advice about your legal rights and options. You may have questions about disinheriting an heir or how to leave property to charity. By working with a lawyer who focuses on wills and trusts, you can ensure that your wishes are followed after your passing.

An experienced estate planning lawyer can discuss your legal rights and options during a confidential consultation. Contact us to schedule yours.

Why You Need a Criminal Defense Lawyer If You Are Facing Pennsylvania DUI Charges

websitebuilder@thryv.com — Wed, 02 Dec 2020 18:07:00 GMT

If you face charges for DUI, you have the right to hire a lawyer of your choosing who will defend your freedom. Here are the most important reasons why you need a criminal defense lawyer.

DUI Charges Can Come With Serious Consequences

It may cost you up to $20,000 to defend yourself against DUI charges, according to the Pennsylvania Department of Transportation. These costs include:

Traffic fines
Attorney fees
Legal costs
Vehicle towing expenses
Increased car insurance premiums
Impound fees
Alcohol education and treatment

Pennsylvania has a mandatory minimum jail term for first offenses. If this is your second DUI, you will face between five days and six months in jail.

You may also be ordered to complete community service or alcohol treatment. If you lose your driving privileges, you may not have transportation to get to work. A criminal conviction can also affect your social life and your custodial rights to your children.

If your DUI incident involved an accident, you may be subject to the strictest penalties that people with very high BACs can receive, even if your BAC was not that high.

Field Sobriety Tests Are Notoriously Unreliable

Pennsylvania law enforcement officers often conduct standardized field sobriety tests to obtain evidence of impairment by alcohol. These tests are supposed to help law enforcement officers detect alcohol impairment. The three tests include:

Horizontal gaze nystagmus test — The officer holds a small object approximately 12 to 15 inches from your nose and asks you to track it with your eyes. Meanwhile, the officer will look for involuntary eye movements.
Walk-and-turn test — The officer instructs you to take several heel-to-toe steps, turn, and walk back to your starting point. The officer looks for signs of imbalance.
One-leg stand test — The officer instructs you to raise one leg about six inches off the ground until he or she tells you to put it down. The officer will look for balance issues.

Despite the wide acceptance of these tests by the law enforcement community, they are not always reliable. Additionally, people may fail these tests due to factors other than impairment, such as:

Uneven ground
Footwear
Medical conditions
Difficulty understanding English

If other factors caused you to perform poorly on these tests or the law enforcement officer did not follow proper protocol when administering these tests, a DUI defense lawyer can raise appropriate defenses to challenge the evidence against you.

Blood or Breath Testing Might Not Yield Accurate Results

A blood alcohol concentration reading above the legal limit is not always due to intoxication. It can be due to factors such as:

Improperly administered preliminary breath test
Incorrectly calibrated machines
Improper protocol or mistakes with lab workers
Faulty breath analyzer machine
Incorrectly maintained equipment

In order to make sure the tests were done correctly and fairly, you need to work with a reputable lawyer who can collect the necessary evidence.

Any Defense Is Better Than No Defense

Even if you think the case against you is strong, a DUI defense lawyer is familiar with the legal process and what the prosecution must prove. Hiring an experienced criminal defense lawyer may give you leverage. If you simply plead guilty, the prosecutor will have no incentive to give you a lighter sentence or consider an alternative like alcohol treatment.

However, if you have a skilled DUI defense lawyer on your side, the prosecutor may be worried about going to trial and may offer a favorable plea bargain in your case.

If you need help with your DUI case or would like to explore your possible legal defenses, contact us at Kalasnik Law Office LLC. We have the experience you need to handle your DUI case.

6 Common Types of Fraud

websitebuilder@thryv.com — Wed, 16 Sep 2020 17:01:39 GMT

Fraud is intentional deceit that benefits the perpetrator or denies the victim of some right. Fraud can occur in all facets of life. The crime can also trigger both criminal and civil cases. Below are some common examples of fraud.

1. Identity Fraud

Identify theft includes all crimes in which a person wrongfully acquires another person's personal data and fraudulently uses the data. Fraudsters typically target economic gain. Identity fraud comes in different variations. Here are some examples:

Credit card fraud - someone steals credit card information and uses it to shop
Welfare fraud - someone steals personal data, such as a social security number, and uses it to claim government benefits
Medical insurance fraud - someone steals medical insurance data and uses it to get medical treatment

Identity fraud comes in numerous varieties. The number of crimes someone can commit with personal data is almost limitless.

2. Insurance Fraud

Insurance fraud arises when someone uses false information to get money from their insurance company. Insurance fraud comes in two forms.

Soft Insurance Fraud

In this case, an insured person exaggerates their claim or tells little lies to inflate their claim. An example is a person who suffers car damage worth $500 but sends their insurance company an inflated bill of $1,000.

Hard Insurance Fraud

For hard insurance fraud, an insured person fakes a loss so that they can get compensation money from the insurance company. For example, someone might abandon their car and send a theft claim to their auto insurer.

3. Mail Fraud

Mail fraud is common since it arises every time someone mails something associated with fraud. For example, people commit mail fraud if:

They mail forged identity cards
They mail false business contracts
They send fraudulent insurance claims by mail
They mail false receipts

Thus, other forms of fraud can also be mail fraud if they use the mail.

4. Securities Fraud

Securities fraud arises when a person makes a false statement about a company and others use the information to make financial decisions. Below are some common examples of securities fraud:

A company director publishes inflated profits to encourage people to buy the company's stocks
A person buys cheap stocks, spreads false information that hypes the company's value, and sells the stock at high prices
Someone with insider information of a company's financial position leaks the information before the company makes it public

The above are just a few examples of securities fraud - other variations exist.

5. Tax Evasion

Tax evasion is if anyone with a tax obligation fails to meet that obligation. For example, a person with a tax obligation commits tax evasion if:

They don't pay taxes
They pay partial taxes
They underreport their income
They inflate their expenses

For example, a merchant is guilty of tax evasion if they accept both cash and card but fail to report the cash revenue to the government. Note that tax evasion only applies to intentional conduct. An honest mistake doesn't constitute tax evasion as long as there is evidence of the mistake.

6. Bankruptcy Fraud

Bankruptcy fraud arises if someone intentionally submits false information during a bankruptcy application. For example, a bankruptcy applicant commits fraud if:

They hide some of their assets during the application
They destroy financial records that are material to the application
They lie during the creditors meeting

Again, bankruptcy fraud exists in various forms. Any intentional lie that affects the bankruptcy process is fraudulent.

Fraud is a serious crime that attracts various fines, such as jail time and monetary fines. Get an experienced defense lawyer if you face charges of fraud. Kalasnik Law Office LLC has all the qualities you need in a criminal defense attorney, such as skill and experience. Contact us today so that we can defend you against fraud or any other criminal charge.

Mistakes to Avoid During Your Custody Case

websitebuilder@thryv.com — Wed, 29 Jul 2020 16:59:25 GMT

As parents, one of the most important parts of your divorce is how you will divide custody of your children. If you and your spouse are unable to come to terms on this on your own, you have to approach the court to help with the process.

Judges take this responsibility very seriously, and any issue you have can sway the decision against you. If you make any mistake, that could potentially impact when you can see or have custody of your kids. Here are some examples of mistakes to avoid while you go through the custody process.

Getting Arrested

If you are arrested during the process of your divorce and custody case, it can have a negative impact on your custody ruling. This is particularly problematic if your arrest is violent or abusive in nature. The judge will have to carefully evaluate your ability to properly care for your children based on your behavior and the reason for your arrest.

In addition, your spouse’s attorney can use your arrest as a reason why you should not have custody of your children. Your spouse's attorney may argue that your temperament is not suitable to raise your children or even have them in your custody.

Disobeying Court Orders

Throughout the divorce, a judge may issue a variety of temporary court orders. This is normal during the divorce process, particularly when it comes to custody. For instance, a temporary order may be in place for your custody arrangements until the judge decides the final custody order.

A temporary order may state where you can take your children, when you can see your children or pick them up, and the like. If you disobey any orders from the court, the judge can use that information when making a final custody decision.

Fighting With Your Spouse

At no point during your divorce and custody process should you fight with your spouse in any way. This includes speaking disparagingly about your spouse online or on social media. Bad feelings against your spouse are not abnormal in a divorce situation, but you need to remain calm no matter what your spouse may say about you.

Any outbursts or violent language against your spouse can hurt you in the long run when it comes to your custody. Although difficult, you must remain calm, particularly if you and your spouse have a challenging relationship.

Failing to Pay Your Child Support

In some cases, a judge may order one of you to pay child support at least temporarily while the judge determines the final outcome of your custody case. You may have even made an agreement with your spouse to make payments for your children's needs until the court determines the final custody and child support orders.

If you fail to make these payments, no matter who orders them, you could potentially have problems with your custody case. A judge may decide you are irresponsible or unwilling to pay your commitments once the court determines the custody of your children.

Your spouse can also make the argument that since you are not reliable with payments, you are unreliable in other areas of your custody situation.

In general, you should remain on your best behavior during your divorce and custody trials. You should continue to remain calm even after your custody is decided by the court. Your spouse can always take you back to court if you suddenly behave poorly or in a way that could hurt your children.

If you have any questions about divorce or custody, please contact us at the Kalasnik Law Office . We are happy to assist you through this important time in your life.

Is Your Business Marital Property? 5 Questions for Divorcing Spouses

websitebuilder@thryv.com — Wed, 29 Jul 2020 16:56:13 GMT

While some divorces are relatively uncomplicated matters, others have special circumstances that need hard work to unravel. One of the most complicated divorce situations is when a family business is involved. The first question that most divorcing business owner-operators must answer is whether the family company is marital property or separate. To help you figure this out, here are five key questions applicable to divorce cases filed in Pennsylvania.

1. When Was the Business Started?

One of the biggest determining factors for most marital property is whether or not a spouse owned it prior to the wedding. As a general rule of thumb, assets that existed before the marriage are considered to be the property of that spouse. This includes things like second homes, vehicles or equipment, some bank accounts, and stocks or business ownership.

This is not a perfect rule, though, and it may be negated by other factors below. So don't discount your share of the business just because your spouse started it on their own.

2. Were There Prenuptial Agreements?

If someone brought an existing business into a marriage, they may have had the foresight to include it in a prenuptial agreement. Generally, legally valid prenuptial agreements that specifically address an asset are adhered to by most states.

3. Who Contributed to the Business?

If both spouses have invested time, money, or effort into building the business, they may both be entitled to share in its rewards. The amount of personal investment in the business may be hard to quantify, though, and could be open to interpretation.

The contribution should be significant, playing a recognizable role in business growth or daily operation. If one partner spent years handling the books for their spouse's medical practice, they deserve some share for their ongoing effort. If they only participated very rarely or in inconsequential tasks, on the other hand, they may not have played a large enough role in the business’s growth or operation.

4. Has the Business Been Co-Mingled?

Property usually becomes marital or community because it is used to benefit the marital home or the entire family. If you bring your own bank account into the marriage but then use it to help pay expenses for the marital home, that bank account could be considered marital property.

Similarly, if profits from your business paid for shared assets like a second home or personal expenses of both spouses, it may have been co-mingled with marital funds. Conversely, if you used any joint assets to pay for business expenses, it could have become part of the shared property.

5. How Was the Business Funded?

Where did the business funding come from? The source of funds is relevant to whose property the resulting asset is.

Money inherited by a person is often considered to be separate property, for instance. If you used your pre-marriage investment account to open a business and then reinvested its profits in the business, that money may never have been used in ways that make it shared property.

On the other hand, what if your spouse contributed from their own money as well? Of if you used a joint investment or bank account or a jointly-owned asset to fund the business? This sourcing is likely to be considered marital property, resulting in a shared business venture.

Clearly, your particular circumstances affect whether or not a family-owned business is part of the divorce. And these circumstances can vary widely or be open to significant interpretation. Both parties' best route to success during a divorce, then, is to work with an experienced attorney who can help navigate this tricky subject. Kalasnik Law Office can help. Call today to make an appointment.

Review Your Estate Plan After These Major Changes

websitebuilder@thryv.com — Mon, 20 Jul 2020 16:54:49 GMT

Estate planning should be an ongoing thing. Once you have created your first estate plan, you may need to evaluate and modify it every few years. A review is especially necessary whenever a substantial change occurs in your life. Below are examples of major life changes that necessitate reviewing your estate plan.

Changes in Family Setup

A significant change in your family setup means you should evaluate your estate plans. Here are some examples of such changes.

Your Marriage

Modify your estate plans to include your partner after marriage. Your partner stands to inherit your estate, whether you include them in your estate plans or not. Your estate distribution will be efficient if your spouse is one of your beneficiaries.

Your Divorce

Your former spouse can inherit your estate if you don't remove them from your estate plans. Therefore, if you don't want your former partner to inherit your assets, you have to modify your estate plans and remove them.

New Child

You may get a new child in the family after adoption, birth, or marriage (if your partner has a child from a previous relationship). Include the child in your estate plan as soon as possible to avoid potential complications.

Beneficiary Death

A death in the family can be devastating and modifying your estate plan is one more thing you need to do if you lose one of the beneficiaries. For example, you may want to replace the deceased with a new beneficiary or redistribute their share of your estate to the remaining beneficiaries.

Changes in Assets

Asset distribution forms a significant part of estate plans. Thus, you should modify your estate plans if you lose or gain some assets. You may need to:

Remove provisions for assets you have lost
Redistribute the remaining assets
Add newly-acquired assets to your estate plans

You don't need a modification for every little change — just the substantial changes.

Changes in a Beneficiary's Health

Many people want to use their estates to take care of their loved ones after death. Your loved one's needs might change substantially if their health changes. For example, a child who has lost their limb in an auto accident might need more money than their siblings. A child with a chronic illness who suddenly recovers might not need as many resources as you previously thought.

Changes in Laws

Estate planning laws, just like other government laws, are not static. Evaluate your estate plans whenever your state enacts a substantial change in tax or estate planning laws. For example, changes in the law might increase inheritance taxes. An increase in taxes reduces your beneficiaries' inheritances. You may want to redistribute your assets to incorporate the effects of such changes.

New laws are not always easy to understand. Consult an estate planning lawyer to help you evaluate such laws before you modify your estate plans.

A Change in Residence

Estate planning laws vary by state. Whenever you move, review your existing estate plans in accordance with the laws of your new state. Make the relevant changes so that your estate plans still accomplish your goals.

For example, some states have estate taxes, while others don't. Pennsylvania doesn't have an estate tax but charges inheritance tax for beneficiaries who are not closely related to the deceased. Therefore, you should modify your estate plans if you move from a state with an estate tax to Pennsylvania.

Changes to your estate won't always be instantaneous or obvious. Some changes may creep up on your estate unnoticed. Such changes mean you need to evaluate your estate plans every few years, even if you haven't noticed a major change. Contact Kalasnik Law Office to help you evaluate your estate plans and make the relevant modifications.

How to Deal With Divorce During COVID-19

websitebuilder@thryv.com — Mon, 27 Apr 2020 16:31:49 GMT

The COVID-19 pandemic is impacting the globe, and many people must make arrangements to adjust to this unprecedented situation.

Pennsylvania courts are dealing with the balance of keeping employees safe while they conduct legal business. If you had plans to divorce, you may wonder what to do at this point. With the uncertainty in the world right now, there is no way to truly know when life will regain some sense of normalcy. However, the following may help you better understand your family law situation and help you make the best plans possible.

Should You Follow Through With Your Divorce Plans?

Some couples hold off on moving forward with a divorce for various reasons. You may be waiting for your child to graduate high school or for certain business dealings to close prior to filing. If you now find yourself in a situation in which you want to file for divorce, you may wonder if this is a good time to do so.

The answer to this question will depend on your own circumstances. If you and your spouse are able to amicably continue your current relationship, such as living in different rooms of the home and speaking calmly toward each other, you may want to wait until the pandemic is improved to file for divorce.

However, if you are in a dangerous situation in which you are unable to be near your spouse, now is an ideal time to file for divorce. When you file for divorce, the date on your petition will start the process of important legal issues, such as when the divorce can be finalized and starts the unassailable date of separation. This is important when it is time to deal with asset division and spousal support.

What If the Court Is Closed?

Pennsylvania courthouses are closed to the public except for emergency proceedings. However, the courts are still operating by accepting filings by mail and holding many hearings and conferences by telephone of video conference. You can still file for divorce and most divorces cases can even be finalized while the courthouses are closed. However, cases requiring extensive court hearings may be delayed. Filing your divorce now will ensure that you are “at the front of the line” if anything is delayed by pandemic conditions.

However, there may be instances in which your case can be heard before others if your situation calls for it. If you are in a dangerous situation, for example, your case may be moved ahead based on the need to finalize your divorce as quickly as possible.

Are Other Options Available?

Although you must involve the court system to finalize your divorce, you can opt for mediation to help you work through some of the details of your divorce. Mediations are easy to hold via teleconference.

You can approach mediation in several ways. For some couples, mediation can actually improve and save a marriage. Mediation allows each person to speak about the problems he or she has with the marriage. This is a time of deep communication in which you can each speak freely about your concerns.

If you know your marriage is beyond repair, you can still utilize mediation to take care of some of the details of your divorce. You can work out a schedule for custody, discuss the separation of assets, and so on. You still have to wait for the court system to reopen before you can finalize your divorce, but you will have everything worked out so there is less of a delay in your divorce.

This is a scary time for everyone. We at the Kalasnik Law Office LLC are here to answer all your questions during this time of uncertainty. Please give us a call if you need assistance.

3 Ways to Support Children of Divorce

websitebuilder@thryv.com — Fri, 03 Apr 2020 16:30:48 GMT

While divorce has become an increasingly common occurrence in modern life, its effects can deeply alter life for parents, family members, and children. It can be a painful, confusing, and trying time. Here are three tips to help children through the many changes and feelings they may experience.

1. Validation

Children go through an array of questions and emotions throughout the divorce process. Let them know their feelings are valid, important, and recognized. Let them know that it’s OK to feel upset, scared, sad, angry, or relieved.

Make sure the children know that having questions is normal and that you will try to answer them as honestly as possible. Help children put their feelings into words so they can better express themselves and know what is going on emotionally.

Make sure you address the child with their age, maturity, and temperament in mind. Keep information simple and basic for younger kids. For example, "Mom and Dad are going to be living in different homes so there is less fighting between us." Teens may be more cognizant of what has transpired and may have more in-depth questions. Answer them as truthfully as you can and without blame.

Along with complex emotions, children may also have many behavioral changes such as depression, anxiety, decreases in school performance, and noticeable changes in appetite and sleep. They may spend less time with friends, wet the bed, and have nightmares.

Teens may exhibit additional concerning behaviors, such as alcohol or drug use and inappropriate sexual behaviors. Address both the behaviors and the emotions behind them. If you feel overwhelmed, don't be afraid to get outside help with a counselor or therapist. Make sure the child knows these behaviors are normal reactions, and that you are there to help them.

2. Consistency

All adults involved in a divorce need to be on the same page in regards to the children's routines, expectations, and boundaries. A consistent routine for the child is imperative. Be very clear about what things in the child's routine will change, and what will stay the same. Give kids ample warning ahead of time for any major changes, like when a parent moves out, so that the child has time to ask questions and adjust.

Make sure the child has one-on-one time with both parents to express their concerns. Children may relate differently to each parent and have different discussions and questions between them. Both parents should also stay involved in the child's life, especially for important events like soccer championships, birthday parties, or dance recitals.

3. Positivity

Parents, friends, and other family members may be tempted to do negative and hurtful things during a divorce, but it is imperative to not bring that negativity to any affected children. Keep legal talk and conflict confined to therapy, mediation, and appropriate settings outside of the home.

Most importantly, make sure that the child knows, and is often reminded, that the divorce is not their fault. Many children may feel that if they had been better their parents might still be together. Parents and other trusted adults need to always clearly state that the decision to separate is an adult one and that the child is still loved, wanted, and blameless.

As adults, we can get very wrapped up in our own emotions and challenges, but it is vital that our children don't get lost in the process. Incorporate these three guidelines into everyday family life as it changes with a new divorce to help both children and adults through the hardship and hopefully make the transition a little easier for everyone. Contact Kalasnik Law Office for help with your divorce process.

Pennsylvania Handgun Laws: A Brief Guide

websitebuilder@thryv.com — Wed, 29 Jan 2020 16:18:30 GMT

Anyone in Pennsylvania who owns a handgun, or who seeks to own a handgun, needs a thorough understanding of the relevant firearms laws. A firearms violation can potentially place the offender in serious legal jeopardy. Here is a guide to this important legal issue.

Purchase

Unlike some other states, Pennsylvania state law does not require you to obtain a permit to purchase a handgun. As long as you are at least 18 years old , you are legally permitted to purchase a weapon in most instances. Some exceptions apply, such as persons who have committed a violent crime, are fugitives from justice, or are mentally ill.

Dealer

The law requires you to purchase the handgun through a licensed firearms dealer. Before the purchase is allowed to take place, you must fill out an application and undergo a background check to determine if you are legally allowed to buy the weapon.

In most cases, the background check consists of the gun dealer putting your information into a database called the Pennsylvania Instant Check System (PICS). If the system does not find any issues that would legally prevent you from owning the gun, the purchase is approved.

An important point to note is that if you want to purchase a handgun from a private individual rather than a licensed dealer, you and the seller must go to a licensed dealer to conclude the transfer.

Carry

The laws regarding carrying a handgun vary depending on whether you are openly carrying the weapon or the gun is concealed. If you openly carry the handgun, then you do not need a special permit or license, as long as the gun is clearly visible.

Concealed

If you want to conceal your weapon, such as carrying it in a holster under a jacket, Pennsylvania law requires you to obtain a License to Carry Firearms (LCF). The only exception is when you are a non-resident who has a concealed carry permit from a state that has a reciprocity agreement with Pennsylvania.

Application

Applicants for an LCF must be at least 21 and need to apply at the sheriff's office in their county of residence. The sheriff will either approve or reject your application within 45 days. An LCF is valid for five years.

County Rules

The rules for having an application approved may vary depending on the county in which you apply. For example, some sheriff's offices may require that you have lived in the county for at least 90 days, while others may want more than one form of identification.

Vehicle

An LCF allows you to carry your handgun in a vehicle without any restrictions. If you do not have an LCF and want to transport your weapon in a vehicle, you must follow a specific protocol. You must place the unloaded gun and any ammunition in separate containers.

Prohibited

Pennsylvania statutes prohibit the carrying of handguns into certain locations, regardless of whether you have an LCF. The off-limits areas include parks in Philadelphia, schools, and courthouses.

Any Pennsylvanian handgun owner should be aware that in addition to state laws regarding prohibited locations, federal law also designates a number of off-limit areas where you may not bring a firearm. For example, federal law does not allow firearms in any federal buildings, which includes any building owned leased or rented by the government, post offices, national cemeteries, or military bases.

The handgun laws of Pennsylvania are somewhat complex, and it's easy for a gun owner to end up on the wrong side of the law due to an inadvertent violation. If you ever run afoul of the state’s handgun laws, you should seek proper legal advice and representation from Kalasnik Law Office to successfully litigate your case. Contact us to learn more.

5 Ways to Help a Loved One Going Through Bankruptcy

websitebuilder@thryv.com — Wed, 20 Nov 2019 16:13:30 GMT

When a friend or loved one is going through a financial challenge, you undoubtedly want to be there for them in whatever capacity you are able. When this challenging time includes having to declare bankruptcy, many Americans aren't sure what to do or not to do in order to be a good friend.

If you find yourself in this dilemma, here are a few helpful things you can do starting today.

1. Be a Listening Ear

Most people who go through bankruptcy struggle with a variety of emotions. If they have been dealing with serious issues like financial troubles, a change in earning power, health crises, or a divorce, their stress and anxieties may have been high for some time already.

One of the best, and simplest, things you can do as a friend is to be there when your loved one needs to talk. Avoid judging them for this financial situation, no matter what caused it.

2. Focus on the Positive

Bankruptcy sounds — and often feels — like a negative. But, in fact, it is a very positive step that is getting your friend back on the right track. Focus on the benefits and positive outcomes that will occur throughout the process.

For instance, as soon as a petitioner files for bankruptcy, creditors will stop calling and harassing them. Bankruptcy may prevent a repossession or garnishment and allow the debtor to keep working and earning what they need. And they may still be able to protect some of their assets through exemptions.

When the bankruptcy is complete, too, keep in mind that their debts will be forever gone so they can start fresh and with confidence. Look at this as the start of a new chapter rather than the end of an old one or a mistake.

3. Adjust Your Own Style

You don't have to spend your own money in order to be a good friend to someone going through a financial burden. Instead, make arrangements to spend more time with them and less of your own money. Why? The person dealing with bankruptcy still wants and deserves to enjoy life and their loved ones.

So, how can you help them to do that without further adding to their financial challenge? Perhaps instead of inviting them out to dinner or shows, you could host dinner at your house. Instead of planning an expensive concert date night, you might enjoy an evening of free music under the stars in a park. Find ways to continue to thrive together while spending little or nothing as a group.

4. Ask What They Need

Never underestimate the value of simply asking a person what they really need from you. Many people who want to be a great friend try to guess what their loved one needs during a crisis. But, in fact, their needs could be quite different from what you expect.

For example, someone who isn't going to reaffirm their home mortgage might need help finding a less expensive temporary living situation. If they are unfamiliar with the legal process or nervous about the court case, offer to accompany them to early meetings with their lawyer or days in court.

5. Keep Their Trust

If your friend confides in you, be a friend by keeping their trust. If the person is embarrassed about their financial situation, they may have struggled to talk about it with you. You can respect that by keeping it in confidence.

Ask your friend with whom he or she has confided. Do not share information with anyone who isn't approved by the debtor. If you accompany them to any meetings, keep these confidential and professional. Be a protective barrier for them when possible.

No matter what your friend or family member's struggles are with their bankruptcy, you can help them in many ways. When you focus on the positive, adjust your own expectations, and be a trusted confidante, you provide support that means more than all the money in the world.

To learn more about the bankruptcy process and how it affects everyone, contact the legal team at Kalasnik Law Office today.

How a Minor Traffic Violation Can Lead to Serious Consequences

websitebuilder@thryv.com — Wed, 16 Oct 2019 16:13:29 GMT

Traffic laws can sometimes vary slightly between different jurisdictions of the same state. Even different areas of the same town can have different rules and regulations for driving, parking, and operating a motor vehicle in public. Nevertheless, even if you're driving in your own county or the next county over, the PA traffic law violation penalties can affect you.

A minor traffic violation can often seem like a low-level offense that doesn't require a lot of consideration. Thinking of minor traffic violations in this way can lead to consequences that can sometimes take people by surprise. You may not think that a lingering speeding ticket or parking citation means much. However, those minor violations can add up. See some of the potential consequences.

You Can Face Fines That Will Continue to Increase

Usually, a traffic violation will come with a fine attached to it. The longer you let the fine linger, the more it will grow. Some jurisdictions will add various types of fees to the fine as well, and those too can grow along with it.

If you let a fine grow too large, the court can start bringing down greater consequences. The court may:

Suspend your license
Issue a warrant for your arrest
Give you even more fines and fees

These consequences do not go away on their own. All they do is compound with time. For example, if you reach a point where you have your license suspended or revoked, you're in violation of a whole new set of traffic laws with their own penalties. Those penalties will add to your list of violations, not replace them.

You Can Gain Points on Your Driving Record

Pennsylvania makes use of a driving record point system when it comes to traffic violations. If you receive six or more points, the state can suspend your license. Points can build up quickly if you drive recklessly or without paying attention to the rules of the road.

For example, you can earn two points on your record just for going 6 to 10 MPH over the speed limit. You can earn three points for not yielding properly at a yield sign. Accumulating points compounds as well. The more points you accumulate, the longer your license suspension will last.

You Can Lose Your Insurance or Have Your Premiums Raised

Car insurance companies will take traffic violations into account. The more violations you accrue, the more your insurance will cost you.

Even if your violations all come from what you consider as smaller infractions, the insurance company will still consider you more of a risk because of them. If you rack up too many minor violations, you may find it hard to gain or keep insurance in general.

A non-criminal, non-felony traffic violation can cause you to lose out on work, miss appointments, and generally create expensive obstacles for you in various other ways as well. For these reasons, you should never let a ticket linger.

Give strong consideration to fighting every ticket that comes your way, no matter what it's for. The moment you plead guilty to a ticket, you accept full responsibility and the consequences that come with it. You will still have to pay fines, you will still gain points on your record, and your insurance can still go up.

You should deal with each ticket you get to mitigate the consequences or eliminate them. Speak to a lawyer who knows the local traffic laws and how best to deal with infractions, whether large or small, so that you don’t have lingering problems. Contact the Kalasnik Law Office to discuss any traffic violation charge.

Local Zoning Ordinances: Your Rights and Responsibilities

websitebuilder@thryv.com — Wed, 09 Oct 2019 16:13:29 GMT

Most municipalities establish zoning ordinances that meet the standards of the citizens in that area. York County and Adams County, Pennsylvania is no exception to this type of local regulation. York County and Adams County specifically state that the purpose of their ordinances is meant to protect the health and safety of citizens while encouraging development without the risk of urban blight.

In most cases, residents appreciate the protection offered by the zoning laws, but occasionally conflicts arise. A disagreement about what a specific zone allows for signs, structures, and other types of property use does not mean the resident has no options. Everyone has the same right to address the law and question the validity of an ordinance. Here’s what you should know about your rights and responsibilities.

Check Local Ordinances

Before any changes take place, everyone should check their local ordinances to make certain their plans are acceptable for their area. The websites for the town or the county often have maps that allow people to find the zone for their property. Zones usually include single-family or multi-family residential, transitional (a mixture of homes and businesses), and commercial.

Municipal offices also have the zoning maps on hand if the information is not readily available online. Request the map from the local code enforcement department or a link to any online resources not previously found.

Talk to Authorities

Zoning ordinances may not always seem to address every plan. The lack of a clear ordinance does not mean people can freely do whatever they would like. Contact the zoning board to make certain an associated law does not apply.

The wording of ordinances may also seem confusing, or the property location may border two different zones. Discuss the problem with the planning board, zoning board, or a code enforcement office to clarify what the city or county allows. The lack of zoning approval could become an expensive problem, so make certain the project has approval before investment.

Understand the Risks

Zoning issues can lead to legal problems for the property owner. The municipality may fine the offender or force the property owner to remove any structure or other items that conflict with a current ordinance. The zoning issue could lower the value of the property or make it difficult to sell because the new owner would need to make the changes or pay fines as well.

Zoning ordinance offenders could also face lawsuits from their neighbors or other community members even if the town does not act against the property owner. This is a risk if others believe the structure or other change makes the community unsafe or lowers the value of their property.

Know the Options

Property owners do have the right to disagree with the decision of the zoning board and defend their plans. The individual can file a request with the zoning board to change the ordinance or to waive the restrictions for this one project.

An individual can also file a lawsuit if they believe the municipality is using an unrelated law to forbid their project. Lawsuits may also occur if someone believes the ordinance is illegal or unfair. The law requires fair enforcement of all laws, including zoning laws.

Equal protection under the law is part of the 14th amendment. People have the right to file a lawsuit against a municipality if they feel they have received unfair treatment. Someone punished or refused a permit for a project due to zoning ordinances, despite approval of similar projects in the same zone, should speak to an attorney.

Taxpayers understandably become upset when they feel they cannot use their property the way they would like. Anyone that believes they are a victim of unfair zoning practices needs legal advice. At Kalasnik Law Office , we can review your case and the local ordinances, to see if there was a violation of your rights. Contact us to schedule a consultation.

Understanding Pennsylvania's Sexual Assault Laws

websitebuilder@thryv.com — Tue, 17 Sep 2019 16:13:28 GMT

Getting accused of a crime can be a very scary thing. This is particularly true if you are innocent. And while every accusation is frightening, some crimes potentially have far-reaching consequences if you are convicted. Sexual assault crimes fall under this category. Here is what you should know if you are facing sexual assault charges in Pennsylvania.

What Constitutes Sexual Assault?

In Pennsylvania, there are several statutes that relate to sexual assault:

Sexual Assault

Sexual assault occurs when a person has sexual intercourse or deviate sexual intercourse without the victim's consent. If the victim presses charges themselves, they are then the complainant in the ensuing case.

Sexual assault is a second-degree felony. In Pennsylvania, deviate sexual assault is defined as unwanted contact of the genitals with the mouth or anus, penetration with a foreign object outside a medical or law enforcement setting, or sexual intercourse of any kind with an animal.

Indecent Assault

The definition of indecent assault, which is a first-degree felony, is considerably more complicated. Indecent assault occurs when the perpetrator has indecent contact with the victim and causes them to come into contact with bodily fluids with the goal of sexual arousal in either the victim or the perpetrator as well as if:

The act is done without consent
The act is done with force or coercion
The victim is unconscious
The perpetrator has drugged or otherwise left the victim under an intoxicating influence and they are unable to fully appraise the situation or resist
The victim is mentally impaired
The victim is under the age of 13
The victim is under the age of 16 and the perpetrator is four or more years older and they are not married to one another

Rape

Rape is similar to indecent assault and is also a first-degree felony, but it is typically treated more severely as the rape is committed with violent force typically resulting in great bodily injury or involves the rape of a child.

Statutory sexual assault is another type of sexual assault, but it differs in that the complainant gave their consent rather than being forced. However, a person under the age of 16 in Pennsylvania cannot legally give their consent to another person if that person is four or more years older than they are.

For example, a 16-year old girl can consent to have sex, but not if her partner is a 25-year old man; this would be a case of statutory sexual assault. Statutory rape occurs when a child is under the age of 13. Statutory sexual assault is a second-degree felony while statutory rape is a first-degree felony.

Special Categories

Institutional sexual assault, such as that between an inmate and their jailer, is classified as a third-degree felony. Open lewdness, which is sex in public, is classified as a third-degree misdemeanor. Indecent exposure, such as "flashing," is a second-degree misdemeanor. Charges for these offenses vary depending on the circumstances.

What Are the Penalties if Convicted of Sexual Assault?

The penalties vary widely and depend on the severity of the crime. In Pennsylvania, a second-degree rape is punishable with up to 10 years in prison . Fines are up to the discretion of the judge and based on the severity of the crime. First-degree rape and indecent assault are punishable with up to 30 years in prison and up to $125,000 in fines.

If a defendant is found guilty of a sexual assault, indecent assault, rape, or certain other sex crimes, they will be required to register as a sex offender for life. This can have dramatic adverse effects on everything from future employment to where you can live.

What Should You Do if You Are Charged with a Sexual Assault?

Getting charged with a sex crime can be terrifying. Don't let your fear or extenuating circumstances prevent you from seeking the best defense for yourself. If you have been charged with a sex crime, it is imperative you contact us immediately. Your freedom as well as your reputation are at stake. Get in touch with Kalasnik Law Office today for assistance with your case.

What to Know About Driving Under the Influence of Marijuana

websitebuilder@thryv.com — Thu, 25 Jul 2019 16:13:26 GMT

If you think about driving while intoxicated, you possibly think about driving under the influence of alcohol. In recent years, with the legalization and decriminalization of marijuana in many states, people also might drive under the influence of marijuana. If you have been charged with a DUI based on marijuana use, keep reading. The answers to these questions could impact your case.

Is Driving With Marijuana in Your System Illegal?

In Pennsylvania , driving with any amount of marijuana or metabolite of it in your system is illegal. If you are caught doing so, your first offense may come with a sentence of at least 72 hours but no more than six months in jail in addition to fines and possible license suspension.

On your second offense, you may be subject to imprisonment lasting between 90 days and six months. You may also have to pay a fine of $1,500 or more and attend a driving safety class. Your license could be suspended for 18 months or longer. With additional offenses, the sentence can increase.

You should take into account that you may face charges in addition to a DUI. For example, if you drive with children in the car while intoxicated, you face additional charges for child abuse or child endangerment.

Additionally, how you obtained the marijuana does not impact a DUI. Whether you have a medical card or obtained the substance legally, you are still not allowed to operate a vehicle under the influence.

Does Marijuana Affect Your Driving?

Marijuana can have a serious impact on the way you drive. Marijuana can impact your central nervous system as a depressant. Your judgment will likely become impaired, and you might not be able to make quick decisions or react quickly enough should you need to while driving.

How Do Police Officers Test for Marijuana?

Generally, police officers decide to arrest somebody for marijuana DUI based on the intoxication they observe on the scene. In Pennsylvania, police officers can test you at the time of arrest for cannabinoids in your blood. Failure to take a chemical test when prompted by an officer means you could face jail time and fines regardless of whether or not you actually have drugs in your system.

Does a DUI for Marijuana Affect Your Life?

Absolutely, a DUI can have severe detriments on several aspects of your life. For example, you could lose your job if you have to spend months in jail because of a DUI conviction, taking away your ability to take care of your family or maintain a home.

Other aspects of your life may change too. For example, if you were trying to get into college, the admissions office could consider your conviction when determining if you can get into the school. Employers and landlords may also be able to see that you have a criminal conviction.

What Should You Do If You Are Accused of Driving Under the Influence?

Your first step after an arrest for driving under the influence of marijuana should be to speak with an attorney. An attorney may have the ability to use a defense that reduces your charges or results in the charges being dropped completely.

Kalasnik Law Office provides legal counsel for individuals in situations like yours. If you have been accused of driving while under the influence of marijuana, you need strong legal counsel on your side. Call us today to discuss your case and ensure that you have fair representation if your case makes it to trial. We are happy to answer all your questions and address all your concerns about your case.

How A Little Weed Can Destroy Your Life

websitebuilder@thryv.com — Thu, 11 Jul 2019 16:13:25 GMT

Tom (not his real name) was entering his senior year in college excited about graduating and entering the graphic arts field. He was a talented artist, sociable and intelligent with every reason to believe he was a few months away from beginning an exciting career as a graphic arts professional. This promising outlook was nearly destroyed by three grams of weed (that's about 1/10 of an ounce).

Like many people his age, Tom was a casual marijuana user. He occasionally smoked it socially and discreetly among people he thought were good, trustworthy friends. Tom was a star of the high school volleyball team, participated in the Big Brother program helping young boys in need of strong mentors, and was respected by his teachers and professors. His occasional smoking had not inhibited his achievement.

One day one of Tom's friends, ("Dan"), asked for a little weed. Tom obliged, giving the friend about three grams for a few dollars. The money was simply to reimburse Tom for what the weed cost him. Tom thought nothing of it and nearly forgot about the little transaction over the next weeks.

Sometime later the police visited Tom and arrested him, charging him with felony delivery of illegal drugs. You see, even though the amount of marijuana Tom gave Dan was miniscule, because Tom accepted payment for the weed, he committed the same crime that "professional" drug dealers are charged with. The amount of weed sold was irrelevant. He sold it, and that was that. How did the police find out about the sale? Dan had been previously charged with a drug offense and told by the police that he could "work off" the charge by tricking someone else into selling drugs, even a little weed. So, Dan tricked Tom into selling a little weed while under police surveillance.

The great career and exciting new life that Tom was expecting was suddenly hanging by a thread. There was no legal defense to what Tom had done. The police were now pressuring Tom to work undercover for them as Dan did so they could arrest more people. Tom simply didn't want to go that risky route, so he came to Kalasnik Law Office, LLC for help.

Tom had no prior criminal record. Other than his foolish recreational use of weed, he was an exemplary young man. The police were unsympathetic except to say that if he worked undercover for them they might reduce his charge. Even so, he'd be left with at least a lifetime misdemeanor criminal record involving drugs. The district attorney prosecuting the case was even less sympathetic saying that if Tom plead guilty to the felony drug charge he would recommend two years of probation - no jail time - but Tom would again be left with a lifetime felony drug record. This would have destroyed his chances for his dream career as a professional graphic artist. It would also have severely handicapped Tom in pursuing many other types of employment.

The situation looked bleak. I grappled with the prosecutor, trying to negotiate a reduction in the charge so Tom could at least plead guilty to a misdemeanor instead of a felony. After all, if Tom had simply been found in possession of three grams of weed instead of selling it for a few dollars, he could get thirty days of probation and have his misdemeanor record expunged. No such option for felony drug "dealing" like this. The hard-hearted prosecutor wouldn't budge.

Finally, I went over the prosecutor's head straight to his boss, the county's First District Attorney. I laid out the entire situation without making excuses for Tom's unlawful conduct but arguing that the punishment simply didn't fit the crime. The punishment was, of course, much more than two years of probation, it was a ruined life for someone who promised to be a productive citizen in a budding professional career. Thank God, I touched a soft spot in the District Attorney's heart. He agreed to let Tom plead guilty to a lesser charge, misdemeanor possession of marijuana, which was eligible for expungment after serving a short probationary sentence. Tom was ecstatic and I was thrilled for him.

The first moral of this story is don't break the law no matter how stupid, unfair, or illogical you think it is. The law is the law and, if you are caught breaking it even in an extreme situation such as Tom's, you may suffer severe consequences. Even if you don't go to jail, a criminal record will come back to haunt you many times in your life.

The second moral of the story is don't deal with the police, prosecutors or the court by yourself. These people are not your friends if you are accused of a crime. They want to see you charged, convicted, and punished - end of story. Get an attorney. Only your lawyer will fight for you as I did for Tom. Lawyers are not miracle workers and hiring one will not guarantee that everything bad will go away. But a lawyer is trained and experienced in using every proper method and tool possible to help you, and having a lawyer will nearly always assure better results than not having one.

Don't Let Your Party Become a Disaster-Alcohol

websitebuilder@thryv.com — Sun, 07 Jul 2019 16:13:25 GMT

Pennsylvania law prohibits anyone under age 21 to possess alcohol. This is usually called "underage drinking" but you don't have to drink it to be charged with a violation. If you have unopened cans or bottles in your car or if you're just holding a cup of beer for an adult friend, that's possession and you can be charged. You will be fined and have to pay court costs license suspended for at least 90 days (first offense) if you are caught. Additionally, you will have a court record for an alcohol related violation.

If you are 21+ and give someone under 21 alcohol you can be charged with corruption of minors, a first degree misdemeanor. That's one step away from a felony and a conviction will give you a permanent criminal record in addition to your sentence. In Pennsylvania misdemeanor convictions cannot be expunged until you reach age 70 or you are dead.

Even if you aren't charged with possession of alcohol you can be charged with public drunkenness if you are under the influence of alcohol in a public place. You can be fined and jailed. There will be an unofficial record of your violation which can prove embarrassing when found by prospective employers or others researching your background.

If you are under 21 then the legal limit for blood alcohol content when you drive is .02 - virtually any amount of alcohol will put you over. For under 21 DUI the criminal penalties and other consequences are severe, not to mention the risk of hurting yourself or others. Jail and large fines, a lengthy license suspension with no work or school license option, cancellation of insurance, etc. You may also be charged with underage possession in addition to DUI.

You should avoid doing anything or being anywhere that puts you at risk of committing these offenses or being associated with those who do. Police will often issue mass or group citations at parties or other gatherings where they find one or more offenders. They won't bother to investigate each person's case. If you do find yourself accused of violating the law DO NOT MAKE ANY STATEMENTS, WRITTEN OR VERBAL, TO THE POLICE. They mean it when they say "anything you say will be used against you." Don't argue or resist arrest. Be respectful even if you think you're being mistreated, but make mental notes of what's happening and any witnesses present. Contact Kalasnik Law Office, LLC for legal advice as soon as possible: www.KalasnikLawOffice.com

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“Should I Hire An Attorney?”

websitebuilder@thryv.com — Fri, 27 Jul 2018 16:13:24 GMT

One question that people with legal problems continually ask is whether hiring an attorney is really necessary. The problem could be criminal charges, divorce papers, crushing debt, problems with local government, or related issues. The answer is simply YES. Without knowing anything about a case, I can say based on practicing law since 1995 that without a proper defense against criminal charges, you will almost definitely suffer a lifetime conviction for the crime you’re accused of. A criminal conviction can be devastating and is permanent. In non-criminal matters the effects may be similarly disastrous. Government prosecutors will not be inclined to discuss your case with you or listen to anything you have to say in your defense. They will simply give you your charges and expect you to plead guilty. Opposing attorneys in non-criminal matters are there to help their own clients, not you. Judges are prohibited from helping either side.

I cannot overstate the value of having a defense lawyer fight for you. This is especially true if you have no criminal record and this is your first time being charged with a crime. There are all sorts of opportunities to avoid a conviction or lessen the consequences so your life is not ruined. In non-criminal cases, proper representation can also save you from permanent damage.

Don't go to court without an attorney. Don't think you can talk your way out of trouble when you are accused or suspected of a crime. Don’t try to navigate the complex legal system alone. Contact Kalasnik Law Office, LLC first.