How to Sail through Your Divorce with Ease in Buffalo, MN

As experienced divorce lawyers in Buffalo, MN, we are well aware that when a marriage ends, the divorcing couple and their kids, if any, are subjected to several expected and unexpected challenges. From adjusting to the new living arrangements and parenting schedules to making decisions about property and assets, it can be overwhelming for everyone involved.

Divorce can also be emotionally challenging, which may hamper the separating spouses’ ability to make prudent choices. In other words, getting a divorce is no walk in the park!

However, getting through it may be slightly easier if you know in advance about how the process works in Minnesota courts and how you can handle your circumstances better.

The following few tips can help you keep your sanity during this challenging phase of life.

1. Consider Your Options

Did you know you need not directly go for litigation to sort out your divorce? There are several alternative out-of-court methods to resolve your disagreements and settle the divorce.

When you choose to go for litigation, you will be required to draft motion papers and other complicated documentation, not to mention make appearances in court. Also, every experienced divorce lawyer in Buffalo, MN will confirm that litigation is an expensive and slow process.

One of the most common and popular alternative dispute resolution methods is mediation. It involves working with a neutral mediator, although each spouse can retain their own attorney as well. Mediators can help divorcing couples amicably resolve specific issues within the divorce proceedings. This can include matters related to child custody or splitting of assets and debt. Mediation gives spouses more control, and is usually quicker and cheaper than litigation.

2. Steer Clear of Revenge and drama

A lot of courtroom scenes we watch on TV and in movies give us the wrong idea of what actually happens in family courts. Influenced by these fictional situations, people enter divorce proceedings expecting a dramatic “win” or with their own idea of what “justice” should look like.

Some couples go to the extent of hiring private detectives to gather evidence against a cheating spouse.

Regardless of your circumstances, know that Minnesota is a no-fault divorce state. You need not prove that your spouse did something wrong/bad to get a divorce. All you need to state is that there has been an “irretrievable breakdown of the marriage,” and you and your spouse do not want to live together again.

The fact is, marriages break down due to a variety of reasons. Minnesota courts are not interested in getting into every detail of what went wrong and who did what. Take it from a seasoned divorce attorney in Buffalo, seeking revenge and creating drama in the courtroom can prove to be not only extremely stressful but also detrimental.

3. Give Your Kids Time

Most parents realize that their divorce can be hard on their kids and are careful about talking about each other in front of their children. Doing so is important because even though they don’t say anything, kids do pick up on a negative tone.

Also, it is important that as a parent, you are not hard on yourself about getting a divorce. Know that it is always better to raise children in a happy home rather than remain in a high-conflict marriage and raise them in an unhappy household.

During the divorce, parents need to give their children enough time to process the changes and transitions. It is also helpful to create a mutually-agreeable parenting plan and present it to the kids together. Keep communication flowing and be open to answering any question that your children may have about what’s to come. Remember, sudden changes may not be good for them. They will always benefit from honest conversations with both parents.

4. Be Financially Literate

Being financially informed can go a long way in alleviating unnecessary stress and aggression in the divorce process. Being confused or in the dark may lead to frustration and anger. These feelings may not be directed at your spouse, but it may appear that way, spoiling your chances of achieving a positive legal outcome or yourself.

If you’re clueless about these matters, you will do well to seek help from your financial adviser. The idea is to get a good understanding of finances to be able to partake in the negotiations and have your say. This knowledge will also help you understand whether or not you’re getting what’s legally owed to you.

You can also consult an experienced divorce lawyer in Buffalo, MN as they know exactly how financial matters are sorted in divorce cases.

5. Look After Yourself

A divorce can bring about many changes in your life, and dealing with them can be overwhelming. It is important to take care of yourself at this time, especially emotionally. Lean on your family and friends for care and comfort. You can also speak to a counselor or join a formal support group to cope with the feelings associated with the ending of a marriage.

It is important to stay positive during this difficult time. To this end, as experienced divorce lawyers in Buffalo, MN, we recommend that you get involved in activities that you enjoy, try new hobbies, make new friends, eat healthily, and exercise.

Conclusion

In their burning desire to “win” the case against their spouse, some divorcing couples often harbor certain unreasonable expectations from the legal outcome. More often than not, these expectations aren’t in keeping with the law, which makes the entire process stressful. However, if you want an easier divorce, you need to understand exactly how Minnesota law works. Consulting an experienced divorce lawyer in Buffalo, MNcan be extremely beneficial. Other than that, the above tips should help you go through your divorce as smoothly as possible.

Consult our experienced Divorce Lawyer in Buffalo, MN Right Away

Getting a divorce can have a lasting effect on you and your kids. It is always a good idea to try and make this process as stress-free and smooth as possible. The skilled divorce lawyers at Carlson & Jones are adept at handling family law matters with prudence and patience, helping clients not only terminate their marriage but also resolve their differences harmoniously. Call us at (855) 976-2444 or contact us through our online form to know more about our services.

Do You Need a Brainerd Lawyer Even If You Did Not Cause the Accident You Were In?

Car accidents occur more commonly than you think. Every year, the average number of car accidents in the U.S. is 6 million, with around 2 million drivers in car accidents experiencing permanent injuries. In other words, you or your loved one is likely to be in a car accident at some point in their lives.

Surviving a car accident is quite challenging, especially if you have suffered serious or permanent injuries. Managing the high cost of medical treatments, dealing with the emotional and financial stress, and finding a new job or career is often easier said than done. That’s why no one wants to be in a car crash ever.

However, should you find yourself in this precarious situation through no fault of your own, you need to keep the following in mind.

A. Should I Hire an Experienced Personal Injury Lawyer in Brainerd, MN Even Though I Wasn’t at Fault?

Yes, you should!

Most people think that as the accident wasn’t their fault, they don’t need to hire a lawyer. However, even if the car accident was not your fault, you still have the right to hire an attorney and you should exercise this right as quickly as possible.

The fact is, in most personal injury cases, things are less likely to work out in your favor even though the accident wasn’t your fault. That’s why you need to hire an experienced personal injury lawyer in Brainerd, MN as soon as possible.

Your lawyer will guide you through each step of filing the personal injury claim. Here are a few more compelling reasons why you should hire a personal injury attorney even if the car crash wasn’t your fault.

1. Focus on Your or Your Loved One’s Health

One of the most critical benefits of hiring an experienced personal injury lawyer in Brainerd, MN is that you can focus on your own or your loved one’s health. As your lawyer will take care of all the legal paperwork, filings, and preparation for negotiations, you can stay focused on your or your loved one’s complete and speedy recovery.

With emotional stress running high, you or your family members will be ill-equipped to keep track of everything, especially on the legal front. During recovery, you will also need to follow the doctor’s advice properly, including any lifestyle changes, to ensure a speedy recovery.

Following the appropriate recovery, the regimen is also critical for negotiating a favorable settlement. Every medical process you follow is evidence that can help determine the true extent of your injuries, and ask for compensation accordingly. Your lawyer knows this only too well, and they will also ask you to focus on your full recovery.

2. Help You Negotiate a Favorable Settlement

Another significant advantage of having an experienced personal injury lawyer in Brainerd, MN on your side is that you improve your chances of getting a favorable settlement.

Minnesota is a no-fault state, which means vehicle owners are required to carry a Personal Injury Protection or PIP of $40,000. Under this system, your insurance company will pay $20,000 for medical expenses and $20,000 for non-medical expenses per person per accident regardless of whose fault it was. You can also purchase coverage beyond this minimum threshold.

However, when the other driver is found to be at fault, and your injuries and/or losses exceed the insurance policy limits, you can pursue compensation from the said driver. Depending on the circumstances of your case, the calculation of Minnesota pain and suffering damages can get a little tricky.

That’s where a competent personal injury lawyer can come to your aid. They will analyze the physical and non-physical evidence, such as witness testimony, to strengthen your claim. Your lawyer will help you navigate the complicated no-fault system to make sure you get the most favorable settlement based on the circumstances of your case.

With the help of your attorney, you can get compensation for the following economic and non-economic damages:

  • Medical expenses
  • Pain and suffering
  • Lost wages
  • Property losses or damages
  • Physical therapy

3. Make Sure to Hire a Competent and Experienced Personal Injury Lawyer in Brainerd, MN

To increase the chances of a favorable settlement, you must find a competent and experienced personal injury lawyer in Brainerd, MN. Make sure the lawyer has successfully handled cases similar to yours before hiring them.

Experienced local lawyers are often familiar with the court proceedings, authorities, and law enforcement officers. They also know the legal limitations of your claim. As a result, they can offer you the best legal advice. That’s why you need to do a little digging before hiring a lawyer.

Conclusion

No one wants to be in a car crash. However, if you have been in an accident, you should find a skilled personal injury attorney even if it wasn’t your fault. From allowing you to focus on your complete and speedy recovery to working towards achieving a favorable settlement, your personal injury lawyer can help you in several different ways. Hopefully, understanding these benefits will encourage you to hire one, should the need arise.

Hire an Experienced Personal Injury Lawyer in Brainerd, MN!

If you or your loved one has been the victim of a car accident, Carlson & Jones, P.A. is here to help you. Our professional, skilled, and assertive personal injury lawyers will help you get the most favorable settlement. You can call us at (855) 976-2444 or contact us online through our website to find out how we can help you.

How to Prove Medical Malpractice in Hutchinson, MN?

People go to hospitals and doctors to feel better. Sometimes, however, the healthcare provider’s negligence can cause your health to deteriorate further. If your healthcare provider fails to provide you with the necessary care and treatment, you can file a medical malpractice lawsuit against them to recover damages.

According to the 2019 Medical Malpractice Payout Report presented by LeverageRx, the top three allegations in medical malpractice in the US were related to diagnosis (34.1%), surgery (21.4%), and treatment (21.1%).

Filing and winning a medical malpractice claim is often a challenging task. That’s why it is necessary to understand how the process works in Hutchinson, MN.

Here is what you need to know.

1. Understand the Definition of Medical Malpractice in Minnesota

Medical malpractice is nothing, but the consequence of professional negligence by a healthcare provider. It can lead to severe health issues, injuries, disabilities, and even fatalities, in some cases. Medical malpractice is a part of Minnesota’s personal injury law.

According to the Minnesota Statutes Section 541.076, medical malpractice is an action by a patient or former patient against a healthcare provider alleging malpractice, error, mistake, or failure to cure.

As per the law, the healthcare provider can be a physician, surgeon, dentist, occupational therapist, other healthcare professionals, hospital, or treatment facility. Minnesota has a four-year statute of limitations for filing a medical malpractice claim. You can file this lawsuit with the help of an experienced personal injury lawyer in Hutchinson, MN within this time limit.

2. Critical Factors for Filing a Successful Medical Malpractice Lawsuit

In a medical malpractice lawsuit, the burden of proof rests on the plaintiff or the patient. That’s why having an experienced personal injury lawyer in Hutchinson, MN on your side is extremely critical. To file a successful medical malpractice claim, you need to establish the following four factors or elements:

1. Doctor-Patient Relationship

To prove that a healthcare provider’s negligence caused you harm, you must first prove that there was a doctor-patient relationship at the time of the alleged incident. However, as this is not a very difficult element to prove, the defendant is unlikely to challenge it.

2. Negligence or Breach of Medical Standard of Care

The medical standard of care is the most critical element in a medical malpractice claim. In the eyes of the law, a breach of the medical standard of care occurs when a healthcare provider acts out of the accepted standard of patient care.

Usually, your experienced personal injury lawyer in Hutchinson, MN will call a medical expert to testify as a witness and tell the judge and the jury what a skilled professional would have done in a similar situation. Likewise, the defendant can also present the court with expert witness testimony to support their actions.

3. Breach of Medical Standards of Care Caused the Injuries

The next step is to establish the link between medical negligence and your injury or illness. You have to prove that the healthcare provider’s negligence made your existing medical condition worse or caused additional harm or suffering. Again, you can use expert testimony to help establish this element of your claim.

4. Injuries or Illness Resulted in Real and Compensable Damages

The last step is to prove that you have suffered real and compensable damages due to the said negligence. You can ask to recover the cost of additional medical treatment, medication, and lost income. You can also get compensated for emotional and physical pain and suffering.

3. How Much Compensation Can You Get?

Minnesota personal injury law is quite complex, plus each medical malpractice case is unique, making it difficult to say how much compensation you can get. However, the latest available data states that in 2018, there was a total medical malpractice payout of $39,211,800 in Minnesota, with an average payment of $653,530.

However, you should consult an experienced personal injury lawyer in Hutchinson, MN to discuss your case. Don’t jump to any conclusions or accept any offers from the healthcare provider or their insurance company before talking to your attorney.

4. How an Experienced Personal Injury Lawyer Hutchinson, MN Can Help

Your attorney will play a critical role in helping you file a successful medical malpractice lawsuit. As you can see, these lawsuits often involve several medical expert testimonies, in-depth investigations, and usually a long and arduous trial. Your lawyer will help you gather the necessary evidence, file the paperwork, and prove these four elements in court.

Make sure to hire an experienced personal injury lawyer in Hutchinson, MN who specializes in handling medical malpractice claims. The more experience the lawyer has, the better

Conclusion

Medical malpractice claims are very complicated. Hopefully, this brief article will help you understand the process, law, and the legal intricacies involved in such claims. However, as this certainly isn’t the type of legal matter that you can handle without a team of professionals, you should consult a competent attorney as soon as possible.

Consult an Experienced Personal Injury Lawyer in Hutchinson, MN Today!

If you are thinking of filing a medical malpractice lawsuit in Minnesota, you can get the best legal help at Carlson & Jones, P.A. Our expert lawyers can help you get the compensation you deserve. Call us on (855) 976-2444 or contact us online to schedule an appointment.

How to Get an Order for Protection against an Abusive Spouse in Minnetonka, MN?

As competent Minnesota criminal defense attorneys, we know that in Minnetonka, an Order for Protection (OFP) can be used in situations that involve allegations of domestic abuse, as defined by the state law.

An OFP can mean that an alleged abuser (or respondent) will need to:

  • Cease committing further domestic violence
  • Leave the residence they share with the victim (petitioner)
  • Stop being within a certain distance around the victim’s residence or the workplace
  • Give up custody of minor children
  • Give up visitation rights

Further, the court may ask the alleged abuser to pay spousal and child support, or attend counseling sessions and seek necessary treatment.

It is important to remember that an OFP is not associated with criminal cases, and is issued in family court. In case the police are involved, a separate criminal inquiry may be conducted against the respondent as hurting or threatening people is illegal.

Who Is Eligible for OFP in Minnetonka, MN?

An OFP should not be confused with a harassment restraining order (HRO) or a Domestic Abuse No Contact Order (DANCO). Ask any experienced criminal defense lawyer in Minnesota, and they will corroborate that an OFP is issued when domestic violence issues come into play, whereas an HRO is applicable in cases involving a stalker or harasser. A DANCO is issued only in criminal cases.

Victims can get an OFP to stop domestic violence by family or household members, including:

  • Husband or wife
  • Former husband or former wife
  • A romantic or sexual partner
  • Blood relatives
  • Anyone you are sharing or have shared a home with
  • A parent
  • A child, if they are over 18 years old
  • The other parent of your child or unborn child

How to File an Order for Protection in Minnetonka, MN

Petitioners can avail of the official forms for filing for an OFP from the Minnesota courts. You can access the legal self-help center for other resources related to the laws and rules (Code Section 518B.01) that protect against domestic violence and harassment.

You need not have incriminating evidence showing that you suffered abuse in the past. However, as the petitioner, you will need to show that you are in a relationship with someone who has the intention to harm you or has been threatening to harm you.

Most judges will refrain from taking a chance on your safety when deciding on whether or not to issue a temporary OFP. However, it also needs to be said that every case is different, and depending on the specifics of your case, you may not always get the desired outcome. It is, therefore, best to speak with an experienced criminal defense lawyer in Minnesota rather than make assumptions.

Types of Orders for Protection in Minnesota

In Minnesota, there are two types of orders for protection:

  1. Ex parte orders
  2. Full orders

1. Ex Parte Orders

As per state law, an ex parte temporary order of protection can be given if the judge finds that there is immediate and imminent danger of domestic violence and you need protection at the earliest.

The term “ex parte” implies that the respondent may not be notified in advance or doesn’t need to be present in court. The judge has the authority to make a decision based on the information provided by the petitioner.

This order stays in effect for a fixed term as decided by the court, typically up to two years or until modified or dismissed by the judge after another hearing.

Upon being granted an ex parte order, you may not go back to court for a full hearing, unless:

  • You have requested additional protection than what an ex parte order can give you
  • The judge has decided not to grant you the extent of protection you requested in the ex parte order
  • The respondent has requested a hearing upon being served with your ex parte order

2. Full Order

If you are seeking a full order for protection, both you and the respondent will have to present evidence and witness testimonies to establish why the order should or should not be issued.

If the order is issued, it can stay in effect for up to two years. Once it expires and you need further protection, you may file a petition to extend it.

If the abuser violates an order for protection at any point in time on two or more occasions, or if you have been issued two or more orders against the same abuser, you can ask for a full order for up to 50 years.

If the abuser does not violate the order for five years, they can request the court to modify the order by proving that their circumstances have undergone significant change.

Conclusion

No human should be subjected to domestic violence. However, it is an unfortunate reality. If you are stuck in a situation where you fear for your and your children’s safety, you should call the police as soon as you can. Further, if you are considering getting an OFP, you will do well to consult with an experienced criminal defense lawyer in Minnesota to get answers to all your pressing questions. A lawyer can also file the necessary paperwork on your behalf, and represent you in court, thereby proving to be the reliable ally you need.

Speak to Our Compassionate Criminal Defense Lawyer in Minnesota Immediately

Filing an Order for Protection comes with substantial repercussions for the petitioner as well as the respondent. It is, therefore, advisable to seek sound legal counsel from an experienced criminal defense lawyer in Minnesota before taking any action. For any further information or help with obtaining or contesting an OFP, feel free to call the team at Carlson & Jones at (855) 976-2444 or contact us through our online form.

The Dos and Don’ts of Winning Your Child Custody Battle in Brainerd, MN

If you are getting a divorce and have children, the most challenging part of your legal separation will be the child custody battle. In their heart, both parents are committed to winning the primary physical child custody. However, most custody battles are difficult to win, owing to the complications involved in such cases.

Custody battles are also time-consuming, expensive, and emotionally draining. You need to have a proper plan of action to increase your chance of winning custody. If you are consulting an experienced child custody lawyer in Brainerd, they will probably discuss a strategy with you before filing for custody.

If you haven’t already hired an attorney, the following dos and don’ts can prove helpful.

1. Try to Work Out a Solution with Your Ex

One of the best ways to resolve a custody dispute quickly and cost-effectively is to collaborate with your spouse. As parents, you both have the right to love and take care of your children. Even if you have fallen apart with your ex, they are still a part of your children’s lives.

Showing a willingness to resolve the custody dispute amicably can benefit your children in the long run. Before resorting to any legal means, make sure to sit down with your ex and discuss the issue.

Be practical when deciding who gets primary physical child custody. As a parent, you should always keep your children’s best interests in mind when making these decisions.

2. Don’t Despise Your Ex

Another essential measure is to keep your emotions out of the picture until your child custody dispute settles. Trash-talking your ex in front of the judge and the jury, or even your experienced child custody lawyer in Brainerd is not a good idea. Talking negatively about your ex is usually frowned upon by almost everyone involved in this legal process.

You should also not speak negatively about your ex to your children. Many divorcing couples use their children as pawns to assassinate the character of their spouse. However, this strategy is almost always likely to backfire in court. Plus, you will be putting your children through additional emotional stress in what already seems like an unbearable situation for them.

3. Document All Your Communication

If possible, try to communicate with your ex. You need to proactively inform your ex about your children’s schedule, school activities, medical appointments, and other social activities.  However, make sure to document all your communication. Keep a record of everything from text messages and emails to voicemails and video chats. You can talk to your attorney about any additional precautions you need to take when communicating with your ex.

Your communication is a critical piece of evidence that can help prove your willingness to cooperate. So, make sure to share your children’s report cards, activity schedules, and other important stuff with your ex. Documenting communication can also help prove your ex’s unwillingness to collaborate, strengthening your chance of winning the custody battle.

4. Don’t Behave Recklessly

As soon as you start your custody battle, your experienced child custody lawyer in Brainerd will tell you to be on your best behavior. Make sure to take their advice seriously. You need to avoid any friction with the law while your child custody case is going on.

You must never drink too much alcohol or consume any drugs even when your kids are not around. Remember, a simple DUI can also impact the outcome of your child custody case. The court may see you as an irresponsible or reckless individual, deeming you unfit as a parent. Apart from ruining your chances of winning custody, these poor life choices will also hurt your children.

5. Make Sure to Follow Court’s Requests

As mentioned, child custody battles are time-consuming. Until there is a verdict, the court will pass several temporary orders for both parties. These orders are meant to ensure the well-being of children until the process is complete.

Whether you need to attend a counseling session or share your children’s schedule with your ex, you need to follow every request the court makes of you. By doing so, you can show the court your commitment to cooperate and resolve the dispute amicably.

6. Don’t Hide Anything from Your Lawyer

Lastly, try not to hide anything from your attorney. If you withhold information or lie, not even an experienced child custody lawyer in Brainerd can help you win. Make sure to provide your lawyer with all the facts related to your custody dispute.

Don’t exaggerate any facts about your ex. Your ex’s lawyer will unearth your secrets at some point during the custody dispute, making it difficult for your lawyer to win the case. Whether you are seeing a psychiatrist or were arrested for a DUI recently, make sure to share this information with your attorney immediately.

Conclusion

While hiring the best attorney can help increase your chances of winning child custody, you also need to take a few additional precautions. Although there are no guarantees, hopefully, these dos and don’ts can help strengthen your case. However, no two child custody disputes are the same. So, make sure to consult your lawyer before making any decisions.

Talk to an Experienced Child Custody Lawyer in BrainerdNow

Most child custody disputes are challenging, requiring you to hire competent, experienced, and professional lawyers like Carlson and Jones, P.A., in Brainerd. Our team will go the extra mile to help you win your children’s custody. Call us on (855) 976-2444 to know more. You can also contact us through our website.

How Your Criminal History Can Impact Your Child Custody Case in Brainerd, MN

It is relatively easier for married couples who don’t have children to get a divorce. But for divorcing parents, the topmost concern is getting child custody.

Child custody disputes are often challenging, especially when both parents provide the court with compelling arguments. Both parents are interested in winning either physical or legal custody of their kids as soon as possible.

Like in any other state, the courts in Minnesota also consider the best interest of the children when settling custody disputes. That’s why, the criminal history of both parents plays a critical role in determining child custody. If you have a criminal record, no matter how insignificant, you should consult an experienced child custody lawyer in Brainerd, MN before taking any decision.

Let’s see how the process works and whether you can win a child custody battle despite having a criminal record.

1. How Is Child Custody Determined in Brainerd, MN

In Minnesota, you need to meet the residency requirements to file for child custody. The law states that the child must have lived with the parent or the person acting as a parent for at least six consecutive months. There are exceptions to this rule. However, it is better to consult an experienced child custody lawyer in Brainerd, MN to understand whether these exceptions apply in your case.

Like most other states, Minnesota also offers two primary forms of child custody: physical custody and legal custody. Physical custody determines which parent the children can stay with. Usually, one of the parents gets physical custody. In some cases, however, both parents can share joint physical custody of their children.

On the other hand, legal custody determines which parent will have the right to make decisions about the upbringing of the children. It usually gives you the right to make decisions regarding religion, medical treatment, and education, among other things.

2. Factors Considered to Determine the Child Custody

Keeping the best interests of the children in mind is top priority when making child custody decisions in Minnesota. As per the Minnesota law, the courts consider 12 different factors when determining child custody.

First on the list is the physical safety and mental well-being of the children, followed by their educational and medical needs. The court will also consider children’s preferences if they are old enough. Furthermore, the court will take into account parenting time, social development of the children, physical and mental fitness of parents, financial situation, and willingness of both parents to cooperate.

However, each child custody case is different. That’s why you are better off consulting an experienced child custody lawyer in Brainerd, MN before making any decision. It is also possible to resolve custody issues amicably or through mediation, which is less stressful and more affordable.

3. Can You Win a Child Custody Battle Despite a Criminal Record?

When determining child custody in Minnesota, the court will look at your and your spouse’s criminal history. They will also check the criminal record of your new partner if you are in a relationship. However, the family court will look at your criminal history from the perspective of how it could affect your ability to raise the children.

In other words, if your criminal record consists of felony offenses and convictions, you are less likely to win a child custody battle. For example, if you have a history of violence, it will most certainly affect your ability to get custody even if the crime was committed before the child was born.

If you have been convicted of crimes like domestic violence, sexual abuse, and child abuse, the court is more likely to sack your rights as a parent. The court will take this decision based on the logical assumption that it is not in the best interest of the children to stay with a violent and/or abusive parent.

However, if you have an isolated incident, such as underage drinking or a DUI, you are still likely to win a child custody battle as the family court will be considerate. Also, if you are being charged with a crime and not yet convicted, your experienced child custody lawyer in Brainerd, MN can pursue the court to put less weight on charges compared to a conviction.

But, if you are convicted of the said crime, it could result in the revocation of your parental rights in future. That’s why you should make sure your criminal defense lawyer and child custody attorney are on the same page. You should never hide any criminal history from your lawyer.

Conclusion

As you can see, your criminal history may have a significant impact on your child custody battle. However, there are no generalizations when considering prior criminal behavior of a parent filing for child custody as each case has its own merits and demerits. Overall, it is necessary to hire a competent child custody attorney as soon as possible to increase your chances of winning your children’s custody.

Talk to an Experienced Child Custody Lawyer in Brainerd, MN Today!

As a parent, you have the right to be involved in your children’s lives even after the divorce. If you are filing for or contesting child custody in Brainerd, MN, Carlson & Jones, P.A. can help you. Our experienced lawyers will fight for and protect your parental rights. Call us on (855) 976-2444 or contact us online to schedule an appointment.

What to Do If You Are Stopped for DUI by Police in Minnetonka, MN?

Drunk-driving is one of the leading causes of car crashes resulting in serious injuries, permanent disabilities, and even deaths. Alcohol and other prohibited substances often impair thinking, reasoning, and muscle coordination, increasing the chances of an accident.

Every day, almost 30 people in the United States die in drunk-driving crashes, meaning one person every 50 minutes dies due to drunk-driving. That’s why, like most other states, Driving Under the Influence(DUI), also known as Driving While Intoxicated (DWI), is considered a serious crime in Minnesota. However, there are also several provisions in the law that protect your rights as a citizen when pulled over for suspected drunk-driving.

Let’s see how the law works and what you can do when pulled over for suspected DWI.

A. Understanding the Minnesota DWI Law

According to the law, Minnesota has the legal BAC at 0.08%. If your BAC level is more than this limit while driving, you will be arrested on a DWI charge. If your BAC level is more than 0.16%, you will be arrested on an aggravated DWI charge. Minnesota also has a zero-tolerance law for underage drinking. So, any driver under the age of 21 with any level of BAC could face DWI charges.

B. What You Should Do When Pulled Over for Suspected DWI

Should you get pulled over for suspected drunk-driving, you need to keep the following things in mind.

1. Always Be Polite

Any experienced criminal defense lawyer in Minnetonka, MN, would advise you to be polite and cooperating whenever police are involved, not just in case of a suspected DWI. Whenever police officers stop any suspect, their first and foremost concern is their own safety.

That’s why you should refrain from any sudden movements or aggressive behavior. Also, police vehicles are equipped with cameras and microphones that record everything. If you misbehave, the police will have a record, which will be used as evidence to strengthen the case against you.

So, whenever the authorities pull you over, follow the instructions given by the police officer. You can take out your license and insurance card when asked to. Don’t make any remarks or comments that are likely to offend the officers.

3. Don’t Take the Field Sobriety Tests

Although you should cooperate with the police, you don’t have to take the Field Sobriety Tests or FSTs. The law doesn’t require you to take the field sobriety tests. You can politely decline to take the tests. Whether you decline or accept the FSTs, you would still be arrested. However, declining these tests will limit the evidence that can be used against you.

Minnesota also has the implied consent law like most other states. As per this law, when you drive a vehicle in Minnesota, you automatically consent to a chemical test of your breathe, blood, and urine for checking the presence of alcohol or any other controlled substance.

You don’t have to take the breathalyzer test at the side of the road though. You can take it later at the police station. You can also refuse to take any of these chemical tests. However, you will then be charged for breaking the implied consent law in addition to the appropriate DWI charges.

You can, of course, call an experienced criminal defense lawyer in Minnetonka, MN, for legal advice. It’s best to take the chemical test though if you can’t reach your attorney in time.

3. Don’t Talk Too Much

Another cardinal rule is to not talk too much or out of turn. The officer will ask you a few questions like your name and ask you to produce an insurance card and license. While you should do this, you don’t have to answer incriminating questions like:

  • Where are you going?
  • How much did you drink?
  • Have you been drinking?
  • Where are you coming from?

You can politely tell the officer that you would like to answer these questions in the presence of your experienced criminal defense lawyer in Minnetonka, MN. Although you would be arrested, keeping the conversation to a minimum will limit the amount of evidence the authorities can gather.

4. Call an Experienced Criminal Defense Lawyer in Minnetonka, MN

If your BAC levels are less than 0.08%, you will probably be free to go home without any charges. If not, however, the officer will place you into custody. You will have the right to an attorney. So, you should call an experienced criminal defense lawyer in Minnetonka, MN, as soon as possible.

You should avoid talking to the police officers without your attorney present. The criminal defense lawyer cost is usually worth the services they offer. An excellent attorney, although a little expensive, can help minimize the penalties or even manage to throw out your case completely. It can help protect your reputation and maintain clean driving record, which is essential in maintaining your lifestyle.

Conclusion

Although a DUI or DWI charge may seem simple, doing the wrong things when you are pulled over for suspected drunk-driving can quickly aggravate the situation. Hopefully, these four tips will help you avoid any friction with the law enforcement officers. Remember though, the Minnesota DWI law is complicated, making it necessary to get legal help as soon as possible.

Talk to The Experienced Criminal Defense Lawyer in Minnetonka, MN

Whether you were arrested for a DWI for the first time or second time, it is always better to call a criminal defense attorney as soon as possible. If you or your loved one is facing DWI charges in Minnesota, there is no need to look beyond Carlson & Jones, P.A. You can reach us at (855) 976-2444  for a free consultation or contact us via our website to schedule an appointment.

4 Things about Your Case Your Minnesota Divorce Lawyer Should Know

When getting a divorce, most people go through extreme emotional and financial stress that puts them in a defensive mode. As a result, they tend to be selective about what they disclose to their divorce attorney.

In most cases, lawyers are complete strangers, making it even more difficult for you to disclose sensitive personal and financial details that could play a critical role in your legal separation.

However, even the most skilled and experienced divorce lawyer in Minnesota can’t help you, if you keep secretsor withhold vital information from them. This strategy can quickly backfire, causing more harm than good to your divorce. It is always in your best interest to share all the required details with your attorney and the sooner you do it, the better.

Here are a few critical things you must share with your divorce attorney.

1. Assets and Debts

Perhaps the most complicated process involved in a divorce is the evaluation and division of your assets and debts at the time of getting a divorce. Minnesota uses the equitable distribution concept for dividing all marital property. Your attorney, however, will need to understand what assets and debts you have that are involved in the proceedings.

Hiding any assets from your lawyer is a bad idea. If your spouse has hired an experienced divorce lawyer in Minnesota, they will most probably discover all your finances, assets, and investments during the discovery phase. Hiding assets is illegal, and if the other party discovers that you lied about your assets, it will land you in hot water. Depending on your case, it may turn the proceedings against you.

Hiding debts can also affect your case. For example, if you decide to file for bankruptcy during your divorce, it can put your proceedings on hold until the process of bankruptcy is complete. If you plan to apply for bankruptcy or restructure your debt, make sure to keep your lawyer in the loop. There is no need to feel embarrassed or guilty about sharing your debt-related information.

2.Mental Health Issues

Another important thing you need to discuss is your mental health. While many physical medical conditions, such as disabilities, are evident, mental health is a different story altogether. Many people feel embarrassed to share details of a mental breakdown or a psychiatric treatment.

Remember, if you are taking the right treatment, your mental health issues may not have a significant impact on your case. However, if you stop taking your medication or cancel your appointments to hide your mental health issues, it can not only jeopardize your case, but also put your kids’ lives in danger.

If you are struggling with mental health issues, your attorney needs to know. In fact, most seasoned Minnesota divorce lawyers will ask you to discuss your mental wellbeing in the first consultation itself. Mental health and substance abuse are critical for determining child custody.

Furthermore, your spouse’s lawyers will most likely dig out your mental health history during the discovery phase. Your spouse will also tell them about it if they know what you are suffering from. That’s why make sure to talk about it with your lawyer as soon as possible. Knowing what you went through and why you went through it can help your attorney strengthen your case.

3.Your Criminal and Substance Abuse History

Just like your mental health, your lawyer also needs to know about your substance abuse history and criminal records, if any. Even the most experienced divorce lawyer in Minnesota will not be prepared to deal with last-minute evidence of substance abuse or criminal charges against their clients.

Your spouse’s attorney will most probably use your history with substance abuse or criminal activity against you. That’s why your lawyer needs to be prepared well in advance. If you have any information that could damage your proceedings, you need to talk about it in detail with your attorney. In other words, even if it’s a simple DUI charge, make sure your lawyer knows about it before it gets out during the discovery or trial.

4. Prenuptial or Postnuptial Agreements

Your lawyer also needs to know about any prenuptial or postnuptial agreements you have signed with your spouse. The prenuptial agreement, whether verbal or written, can have a significant impact on your divorce proceedings.

For example, prenups play a critical role in how your marital property, debts, and income gets divided. If your prenup states that your spouse can’t get any of your assets after the divorce or gets only a fixed monthly income, the court will need to consider it because pre-and-postnuptial agreements are legally binding. Make sure to discuss your nuptial agreements and bring the copies with you when consulting an experienced divorce lawyer in Minnesota.

Conclusion

No one feels comfortably sharing their intimate and personal details with someone they just met. However, it is absolutely necessary to tell your divorce attorney everything related to your married life as it can impact the outcome of your legal separation. The attorney-client privilege will keep your information safe and confidential. So, make sure to discuss these four most important things,and anything else that can impact your divorce case, with your lawyer.

Consult an Experienced Divorce Lawyer in Minnesota Now!

If you are looking to get divorced in Minnesota, you will find no better alternative than Carlson & Jones, P.A. Talk to our experienced and skilled divorce attorneys who will leave no stone unturned to help you get a favorable settlement and child custody arrangement. Call us at (855) 976-2444 or contact us online to find out how our lawyers can help you.

Call For A Free Consultation (877) 344-1555Free Consultation

Buffalo Lawyers

215 East Highway 55, Suite 201
Buffalo, MN 55313

Toll Free: (877) 344-1555
Phone: (612) 800-8057
Fax: 763-682-3330

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Brainerd Lawyers

17025 Commercial Park Rd, Suite 2
Brainerd, MN 56401

Toll Free: (877) 344-1555
Phone: (218) 736-9429
Fax: 763-682-3330

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Hutchinson Lawyers

114 Main Street North
Hutchinson, MN 55350

Toll Free: (877) 344-1555
Phone: (320) 289-4761
Fax: 763-682-3330

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Minnetonka Lawyers

3911 Ridgedale Dr, Suite 404E
Minnetonka, MN 55305

Toll Free: (877) 344-1555
Phone: (952) 260-9640
Fax: 763-682-3330

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