Law Office of Eric T. HamiltonVisalia Criminal Defense & Family Law Attorney | Tulare Violent Crime Defense Lawyer | Hanford CA Divorce Law Firm2025-03-31T12:53:25Zhttps://www.ericthamiltonlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1302652/2019/08/apple-touch-icon-75x75.pngOn Behalf of Law Office of Eric T. Hamilton<![CDATA[Parental relocation and custody disputes in California: What to know]]>https://www.ericthamiltonlaw.com/?p=472302022-10-28T18:41:20Z2022-10-28T18:41:20ZHow much will this move benefit or harm your child?
This is the primary issue that you have to consider – because it’s the primary issue that the courts will consider when you want to move a significant distance away.
What’s considered significant? There’s no hard-and-fast distance written into the law, but you can probably expect the court to consider anything more than 50 miles away to be automatically disruptive. Even lesser moves could be scrutinized, however, if it involves disrupting the child’s current custody and visitation plan.
Your co-parent has the right to argue against the move, even if you have sole physical custody. That means you need to be prepared to show why the benefits of this move outweigh all negatives and all other interests – even your own. This means framing your argument on behalf of the move very carefully. For example:
You want to move so that you can take advantage of a great new job opportunity, and the increased income will improve your child’s standard of living.
You want to move closer to extended family members who can watch your child while you go to school or work, which will keep them out of daycare all the time.
You want to move so that your child has better educational opportunities in a different school system or access to better medical care (if the child has health issues).
The court will also look at your willingness and ability to foster a healthy, long-distance relationship between your child and your co-parent. Be ready to talk about how you expect visitation to work, paying for travel costs and the use of electronic visitation to keep connections open.
A custody battle can be rough, and you don’t want to go through it alone. Experienced legal guidance can help you find a solution that works for your family’s unique situation.]]>On Behalf of Law Office of Eric T. Hamilton<![CDATA[3 practical ways to put your children first when co-parenting]]>https://www.ericthamiltonlaw.com/?p=472282022-08-30T20:47:28Z2022-08-30T20:47:28ZNever belittle your ex
You obviously want your children to see your side of the story and to respect your decision to divorce, but that doesn't mean you should give them the message details of why you ended your marriage. It can damage your children's personality and self-esteem to hear negative things about one of their parents.
They can all start to feel negative about that parent or about you. It is usually better to keep the conversation positive and wait until your children are mature adults to discuss the painful details of your divorce.
Stay positive when talking with your ex
Children are so sensitive, and they will be able to notice the tension between you and your ex if you are unpleasant and hostile toward one another whenever you interact. Not only does keeping your tone of voice and your language positive when talking with your ex help your children see the situation as less tense, but it can also help the two of you rebuild a more positive co-parenting relationship.
Recognize that sometimes cooperation is necessary
With the exception of extreme situations involving restraining orders and domestic violence, there will inevitably be scenarios in which you and your ex should both be present for your children. These days may range from birthdays and holidays to their 8th-grade graduation or their end-of-season softball tournament.
Recognizing that the two of you may sometimes need to cooperate with one another and share certain special events will allow the two of you to both show up to support your children when it matters the most. Not only will this make your children feel loved and supported, but it will provide positive experiences that will contribute to your healthier, new relationship as co-parents.
Making your children your main focus and top priority during a divorce and while co-parenting after one will ease that difficult transition for your family.]]>On Behalf of Law Office of Eric T. Hamilton<![CDATA[How are retirement accounts handled in a California divorce?]]>https://www.ericthamiltonlaw.com/?p=471272022-06-29T17:39:34Z2022-06-29T17:39:34ZThey are marital assets
First and foremost, retirement accounts are always counted as marital assets, not separate assets, in California. Once again, California is a community property state. The money that is put into these accounts comes from marital funds. As a result, any saving that is done still counts as community property, even if only one person was involved in shifting money into that account. For instance, just because your spouse was the one to authorize the deposits does not mean you have no right to that money.
How are these assets divided?
There are different ways to divide these assets, depending on how you saved. If you simply have an investment account, you may be able to divide that account and split the money between the two of you. Some stock portfolios allow you to split the portfolio so that you can both keep investing, but you get to control half of the stock yourself.
If the money is in a pension or some other employer-sponsored plan, then you can use a Qualified Domestic Relations Order. These types of plans are a bit more tricky because your spouse may not actually be collecting that pension at this time. A QDRO sets things up so that, whenever they're supposed to begin collecting, they have to send you a portion of those payments.
Protecting your future
It's very important to understand what happens to retirement accounts in a divorce because it can have a massive impact on your future. You don't want a divorce to mean that you can’t retire. Always be sure you understand your legal options.]]>On Behalf of Law Office of Eric T. Hamilton<![CDATA[Divorcing in a community property state? Here’s what to know]]>https://www.ericthamiltonlaw.com/?p=472262022-04-27T22:10:18Z2022-04-27T22:10:18ZCommunity property laws assume that each person has put in equal time, effort and money into a marriage. They assume that both parties are equals and should be treated as such in a court of law. Therefore, when you divide your assets, the judge will presume that you’re going to divide your assets as close to equally as possible.
Do you have to follow community property guidelines?
Not necessarily, so long as you and your spouse can agree on a different arrangement. For example, if you were the only party working during your marriage, you could argue that your spouse did not invest as much money into the marriage and should not get an equal share of your assets.
Remember, you can retain any property that is identified as separate property without having to divide a share in court. So, if you have receipts for items you purchased before your marriage, had real estate or financial assets from before marriage or have business interests that you did not share with your spouse during your marriage and invested in previous to your marriage, you may be able to keep those on your own.
You may, in some cases, have to share the interest that grew on an account during your marriage or a portion of a retirement account added to the account during your marriage. These kinds of topics can get complex, which is why you may want to work with your attorney and an accountant to work out how you can best preserve your assets and retain what is rightfully your personal, separate property.
If you aren’t sure how to divide your assets or debts, it’s worth learning more about how community property laws work and how they may affect you. There are steps you can take to protect your assets, so you can walk away with more.]]>On Behalf of Law Office of Eric T. Hamilton<![CDATA[What happens when a criminal record is expunged?]]>https://www.ericthamiltonlaw.com/?p=471212022-03-23T14:57:49Z2022-03-23T14:57:49ZHaving a criminal record hanging over your head can affect your life in several ways. You may miss out on numerous opportunities simply because of your criminal past. However, there is a way around it - by expunging your record.
Think of expungement as getting a second chance. It means that your criminal past will not show up to the general public, and any previous arrest or conviction will be like it never happened. Here is more on what you need to know about expungements.
Are you eligible?
Whether or not you can have your criminal record expunged in California depends on various factors. First, you need to note that the court cannot expunge all criminal records, and it depends largely on the type of crimes under consideration. Repeat offenders or those convicted of serious or violent crimes usually cannot have their records expunged. In addition, you should not have any pending criminal cases, and you must have completed your sentence or probation for all past crimes.
What it means for you
If your criminal record is expunged, you do not have to disclose it to a potential employer or landlord. A background check by private citizens is also not likely to reveal your past brushes with the law after expungement. Expunging your criminal record is not always a smooth process. You are likely to encounter legal hitches along the way, not to mention the amount of paperwork you have to file. Therefore, you need to be well prepared to deal with anything. Legal help will increase your chances of successfully expunging your criminal record, which will go a long way in improving your quality of life.]]>On Behalf of Law Office of Eric T. Hamilton<![CDATA[Understanding suspended sentences]]>https://www.ericthamiltonlaw.com/?p=471172022-03-05T04:55:14Z2022-03-05T04:55:14ZYou may have heard of people having their sentences suspended but not given much thought to what that actually means until you faced a criminal charge of your own. What does it mean for a judge to suspend someone’s sentence?
First, it doesn’t mean that the court has determined that you’re not guilty or that the charge is wiped off your criminal record. A sentence can only be suspended if someone has been found guilty or admitted guilt through a plea agreement.In some states, a judge may sentence a person for a crime – for example, to spend a year in jail -- and then suspend the sentence. However, California law states, “A term of imprisonment shall not be specifiedif imposition of sentence is suspended.”
A sentence suspension can be revoked
A suspended sentence doesn’t mean you’re off the hook from ever having to serve time for the crime. A judge can reinstate a sentence if they believe it’s warranted. For example, if someone fails to adhere to the terms of their probation or gets in further legal trouble. Often a person whose sentence is suspended has to fulfill other obligations, like enrolling in a substance abuse program.Typically, sentences are only suspended for misdemeanors and non-violent offenses. They’re more likely to be suspended if a defendant hasn’t had other criminal convictions, doesn’t seem likely to re-offend or when the community would be better served if they got some kind of treatment and can continue to work so that they can pay restitution. Again, if these obligations aren’t fulfilled, a suspension can be revoked.If you’re not guilty of the crime of which you’re accused, you shouldn’t plead guilty in the hope of getting a suspended sentence. However, if you’re facing jail time, you may be able to work towards obtaining a suspended sentence if you have experienced legal guidance.]]>On Behalf of Law Office of Eric T. Hamilton<![CDATA[Offered immunity for your testimony? Here’s what to know]]>https://www.ericthamiltonlaw.com/?p=471142022-02-20T04:38:39Z2022-02-20T04:38:39ZProsecutors are hoping to take down the top boss of the crew from a recent drug bust. You’ve been arrested as an accomplice on lesser charges. The state prosecutor offers you immunity in exchange for your testimony against the boss.Immunity is granted in order to gain the eye-witness testimony of one offender so that it may be used as evidence against a bigger offender. This means that you will serve as a witness for the prosecution. In exchange, the charges against you will likely be reduced or dropped entirely.
How does immunity work?
Immunity can only be offered by a federal or state prosecutor. They will make the offer by either obtaining a formal order from the judge, putting an agreement in writing or making a verbal agreement with you. There are two types of immunity that they can offer:
Transactional immunity is often referred to as “total immunity.” In exchange for your testimony, you will be granted complete and total immunity. Simply put, you will not be prosecuted even if you were involved in the crime.
There are limitations to transactional immunity.The immunity offer only covers the specific charges mentioned in the court order or agreement. If it comes out that you were involved in a different aspect of the crime, you can be prosecuted for that.
Use and derivative use immunity offer the witness limited protection from prosecution. Your confession cannot be used against you, and you will not be asked to testify in court.
There are limitations to use and derivative use immunity. you may still be prosecuted if it turns out that you have committed perjury or failed to comply with the original immunity order.
If you have been arrested for a state or federal crime you need to seek out experienced legal guidance as soon as possible.]]>On Behalf of Law Office of Eric T. Hamilton<![CDATA[California felony charges against Tesla driver are a first ]]>https://www.ericthamiltonlaw.com/?p=471122022-02-06T21:04:25Z2022-02-06T21:04:25ZAs vehicles become increasingly automated, questions of who is responsible when something goes awry are testing the legal system. Typically, drivers and carmakers are held liable in civil court. However, the stakes can be much higher.
In Los Angeles County, prosecutors have charged a man with vehicular homicide for a crash nearly two years ago. The 27-year-old defendant was driving a Tesla Model S, set on Autopilot, when the car ran a red light and hit another vehicle. The two people in the other car died at the scene.The driver has pleaded not guilty and was released on bail. The National Highway Traffic Safety Administration (NHTSA) is still investigating the crash. Families of both victims are suing the driver as well as Tesla. This case is believed to be the first time someone in the U.S. has been charged with a felony for a crash involving a vehicle with an automated system.
When vehicles aren’t fully autonomous, is the driver responsible?
Fully autonomous vehicles aren’t legal on the road unless they’re being used exclusively for testing. However, the names of some of the driver-assist systems that are in place (such as Autopilot) can lead drivers to believe their vehicle is self-driving, according to a professor who studies self-driving cars.In reality, what they have is a Level 2 system. The responsibility – and culpability – of drivers with this type of automated driving system is still a matter of some debate. However, according to a spokesperson for NHTSA, a vehicle in which this system is activated still “requires the human driver to be in control at all times, and all state laws hold the human driver responsible for the operation of their vehicles.” As the professor notes, however, this case is “a wake-up call for drivers” not to “forget about the fact that we’re the ones that are responsible — not only for our own safety but for the safety of others.”It remains to be seen what will happen with this case and with others that may follow it. All of us, even if we don’t drive vehicles that are supposed to provide this much autonomous technology, depend on them to operate in a certain way. When they don’t, and someone is harmed, can a driver face criminal charges? If you find yourself in this situation, it’s crucial to seek experienced legal guidance.]]>On Behalf of Law Office of Eric T. Hamilton<![CDATA[3 ways to defend yourself after failing a chemical breath test]]>https://www.ericthamiltonlaw.com/?p=471102022-01-31T23:32:12Z2022-01-31T23:32:12ZChallenge the traffic stop
A police officer needs to have a justification for pulling you over. There are rules about what issues justify a traffic stop and what do not.
If they engaged in racial profiling or have a history of harassing you specifically, the traffic stop that resulted in your arrest may not be a legal stop, which may invalidate any evidence gathered. Asking an officer why they pulled you over can help you quickly determine if they had a viable reason for doing so.
Challenge the accuracy of the testing unit
Numerous issues can lead to a chemical test returning inaccurate results. Some of the more common issues include improper calibration or inadequate device maintenance by the police department. Mistakes during test administration could also compromise the accuracy of the results.
Reviewing the information from your traffic stop and the police department's records regarding training and device maintenance could help you determine if this option might work for you.
Challenge the testing science altogether
Every year, there is more evidence questioning the use of chemical breath tests for drunk driving enforcement. Some jurisdictions have stopped using chemical breath tests for the primary evidence in impaired driving cases because they are easy for defense attorneys to successfully challenge.
You may be able to undermine the accuracy of the testing, possibly by providing medical evidence showing an alternate explanation for your test results. Bringing the accuracy of the test results into question can help you create a reasonable doubt about your guilt.
Fighting back against drunk driving charges can help you protect your freedom and your license.
]]>On Behalf of Law Office of Eric T. Hamilton<![CDATA[Should you be worried about parental kidnapping?]]>https://www.ericthamiltonlaw.com/?p=471082022-01-25T14:46:06Z2022-01-25T14:46:06ZPotential warning signs
Parents have varying motives for kidnapping their children. They include revenge, fear of isolation, or even custody disagreements. Some of the signs to watch out for are:
A history of kidnapping attempts or veiled threats by your co-parent
Expression of dissatisfaction with the current custody arrangements
A sudden interest in the children's travel documents
Accusations of abuse by your co-parent
All these are potential red flags of parental kidnapping, and you need to take action as soon as you notice them.
What should you do?
Is there an existing custody order? If there is a court-issued order, you may have it enforced or even modified to limit the other parent's custody. They could also be held in contempt of court if they violate custody orders by denying you access to the children.
It may be tricky if no formal custody orders are in place since that cannot be considered parental kidnapping. In such a case, you may need to seek an emergency order if it is established that your co-parent is moving the children out of state to avoid court jurisdiction.
Protect your child
It is important to anticipate such a situation and protect your children's welfare. Parental kidnapping is not in their best interests, and the earlier you act, the better.]]>