To summarize: The police badger a suspect into a confession. During the interrogation, they prevent him from asking for counsel by interrupting him whenever he is about to ask. The prosecutor then argues that the suspect was required to "unequivocally" ask for counsel.
Does anyone see anything wrong with this?
Police are in a position of power in the interrogation room, and it is very easy to press suspects into going along with what the police want, even, in some cases, when the person is innocent. That's the reason we have the "right of counsel." Police should not be allowed to prevent suspects from invoking this right simply by cutting them off whenever the suspects start to say they want an attorney.
Sunday, August 27, 2006
Saturday, August 26, 2006
Neb. tries to oust trooper linked to KKK
Nebraska makes the national news again....
You can argue that his views haven't influenced his job and that his private life activities should not impact his job, but let's face it. Once it has become public knowledge that he's a Klansman, every time he is involved in any contact with minorities, there will be suspicions and allegations of misconduct, and all the incidents will have to be investigated. He's created a major headache for the Patrol.
You can argue that his views haven't influenced his job and that his private life activities should not impact his job, but let's face it. Once it has become public knowledge that he's a Klansman, every time he is involved in any contact with minorities, there will be suspicions and allegations of misconduct, and all the incidents will have to be investigated. He's created a major headache for the Patrol.
Tuesday, April 25, 2006
Omaha City Council Passes Sex Offender Residency Restrictions
Key provision: The ordinance doesn't apply to offenders already living in the restricted areas.
To all sex offenders living outside of Omaha: You have until June 30 to move here and get a good spot....
You can read the entire ordinance here.
To all sex offenders living outside of Omaha: You have until June 30 to move here and get a good spot....
You can read the entire ordinance here.
Friday, April 21, 2006
Denise Richards' Divorce Petition Against Charlie Sheen
After two months on hiatus, I'm ready to go again.
Denise Richards' petition contains very serious accusations against Sheen, including statements that he visits teen porn sites and trolls for sex on the Internet. This seems a little amazing, considering not only that Denise is an incredible hottie, but also that Charlie could probably walk down the street and find any number of attractive girls willing to hook up with him, even knowing that he is married. In fact, it's kind of reminiscent of when Hugh Grant was caught with the hooker years ago.
Just goes to show that this kind of activity is not the province of ugly fat men with no financial prospects.
Denise Richards' petition contains very serious accusations against Sheen, including statements that he visits teen porn sites and trolls for sex on the Internet. This seems a little amazing, considering not only that Denise is an incredible hottie, but also that Charlie could probably walk down the street and find any number of attractive girls willing to hook up with him, even knowing that he is married. In fact, it's kind of reminiscent of when Hugh Grant was caught with the hooker years ago.
Just goes to show that this kind of activity is not the province of ugly fat men with no financial prospects.
Thursday, February 23, 2006
Is This a Good Reason for Keeping Religion Out of Schools?
How many years in hell do you get for hollowing out a bible to cart around drug paraphenalia?
Another City Employee Makes Us Proud
Seems like we are having a lot of problems with city and county employees in recent months. More arrests and firings than I can recall in a long time. Frank Castellano with the Douglas County Treasurer's Office, the guy from the Clerk of the District Court that was arrested for underage solicitation, the Ice Rink scandal.... Are the city of Omaha and Douglas County just suddenly becoming better at investigating, or is there an actual increase in misdeeds occurring in local government? Maybe we should start a count....
Bail Set for Father Accused of Nearly Killing Child
The judge set bail at $300,000/10%. So if he can come up with $30,000, he can get out. But I'm willing to bet he would prefer to stay in. Farrah Fazal of KETV interviewed him yesterday. Regardless of whether his story about blacking out is true, he does appear extremely remorseful, almost to the point that I would worry about him attempting suicide if he did get out on bail. He's in isolation from the general population right now, so I doubt anything will happen on the inside.
He said he has six kids: four already and two on the way. What is an 18 yr old boy doing with six kids?!? More importantly, what are the girls that are sleeping with him thinking?!? He doesn't look overly impressive to me. Not trying to be critical, just honest. Who and where are these women that are letting him knock them up?
Reminds me of an old episode of 7th Heaven (before it jumped the shark). Simon befriends a pregnant teenager. She then goes on about how her last boyfriend loves kids. So much, he already has three with other women! WOW. I never knew being a serial impregnator turned women on.
He said he has six kids: four already and two on the way. What is an 18 yr old boy doing with six kids?!? More importantly, what are the girls that are sleeping with him thinking?!? He doesn't look overly impressive to me. Not trying to be critical, just honest. Who and where are these women that are letting him knock them up?
Reminds me of an old episode of 7th Heaven (before it jumped the shark). Simon befriends a pregnant teenager. She then goes on about how her last boyfriend loves kids. So much, he already has three with other women! WOW. I never knew being a serial impregnator turned women on.
Tuesday, February 21, 2006
Adoption Traffiking in Iowa
Who would have thought? I wonder if anything like this goes on in Omaha. If so, let me know.
Excellent Editorial on Nebraska Legislators' Fight Against Term Limits
Couldn't have said it better myself.
Thursday, February 16, 2006
Stupid Criminal of the Day
Uh, officer, I was just wondering, uh, if I had a friend that was, uh, gonna burn up a car so that my mom....uh...I mean his mom, could collect the insurance money, uh, would that be wrong?
Tuesday, February 07, 2006
Nine Months Jail for Child Molester Husband
Matthew Koso, the ADULT who started dating a 12 YEAR OLD when he was 21 was sentenced to at least nine months in prison. The article by the Omaha World-Herald is here.
I love how the dad say that the Judge and the Attorney General have "committed political suicide." Right. Nebraskans are all for adults sleeping with kids that aren't even in high school yet.
The article does say that some Nebraskans think it's okay if they both consent. HELLO!!! The point of the statutory rape law is that a 13 year old CANNOT CONSENT. They do not have the intellectual maturity to consent to sex with an adult. If you think they can, then at what age do you think they are incapable of deciding?
The real question now is what happens after he gets out of prison? Is Nebraska forced to recognize his marriage? Probably, under the Full Faith and Credit clause of the Constitution. I have not looked into that issue. The safer alternative would be for him, his 'wife' and her family to move to Kansas where it is clearly legal. Thankfully, Kansas has or is in the process of changing the law because of this case. But that won't affect their marriage.
I love how the dad say that the Judge and the Attorney General have "committed political suicide." Right. Nebraskans are all for adults sleeping with kids that aren't even in high school yet.
The article does say that some Nebraskans think it's okay if they both consent. HELLO!!! The point of the statutory rape law is that a 13 year old CANNOT CONSENT. They do not have the intellectual maturity to consent to sex with an adult. If you think they can, then at what age do you think they are incapable of deciding?
The real question now is what happens after he gets out of prison? Is Nebraska forced to recognize his marriage? Probably, under the Full Faith and Credit clause of the Constitution. I have not looked into that issue. The safer alternative would be for him, his 'wife' and her family to move to Kansas where it is clearly legal. Thankfully, Kansas has or is in the process of changing the law because of this case. But that won't affect their marriage.
Sunday, February 05, 2006
Child Support - Deviations and Modifications
As I stated in the last post, child support in Nebraska is usually determined by the income of the parents, in accordance with the Nebraska Child Support Guidelines. However, the parents can agree to a different amount, with the court’s approval. Since child support is for the benefit of the children and not the parents, there must be a good reason for any deviation from the Guidelines.
If you and the other parent seek a deviation from the Guidelines, any decent attorney would advise you to put your agreement in writing, or at the very least, read the agreement into the court record in detail. This way, if there is a change in the conditions that caused you and the other parent to seek the deviation, you will be able to go back into the court and ask it to alter the amount of child support due. This is called a modification.
To get a modification of child support, you have to show a “material change of circumstances” to the court. The presumption, according to the Guidelines, is that there is a material change in circumstances if application of the guidelines would result in a change by 10 percent or more, but not less than $25, upward or downward, of the current child support obligation, and if such circumstances have lasted 3 months and can reasonably be expected to last for an additional 6 months.
If you and the other parent seek a deviation from the Guidelines, any decent attorney would advise you to put your agreement in writing, or at the very least, read the agreement into the court record in detail. This way, if there is a change in the conditions that caused you and the other parent to seek the deviation, you will be able to go back into the court and ask it to alter the amount of child support due. This is called a modification.
To get a modification of child support, you have to show a “material change of circumstances” to the court. The presumption, according to the Guidelines, is that there is a material change in circumstances if application of the guidelines would result in a change by 10 percent or more, but not less than $25, upward or downward, of the current child support obligation, and if such circumstances have lasted 3 months and can reasonably be expected to last for an additional 6 months.
How Child Support is Determined
Child Support in Nebraska is usually based on the total income of both parents. The amount is set according to the Nebraska Child Support Guidelines. The incomes of both parents, after certain deductions, are added together. A chart sets out various amounts of child support depending on the number of minor children and the parent’s total combined income. The Court then determines the percentage each parent contributes to the total combined income. Each party must pay a percentage of the child support based upon the percent of income contributed by that party.
For example: Bob and Julie have two minor children. Bob makes $3,000 per month and Julie makes $1,000 per month, for a total of $4,000 per month. The Nebraska Child Support Guidelines state that if the parents have two children and make $4,000 per month, the total amount necessary to support the children is $1,338. Since Bob’s income is 75% of the total income of $4,000, he is responsible for 75% of $1,338 in child support, or $1,003.50. Julie is responsible for the remaining 25%, or $334.50.
If Bob and Julie had one minor child, the total amount of support would be $905, and Bob would have to pay $678.75. If they had three minor children, the total amount would be $1,548, of which Bob would pay $1,161.
The chart which sets out the amounts of child support can be found here.
For example: Bob and Julie have two minor children. Bob makes $3,000 per month and Julie makes $1,000 per month, for a total of $4,000 per month. The Nebraska Child Support Guidelines state that if the parents have two children and make $4,000 per month, the total amount necessary to support the children is $1,338. Since Bob’s income is 75% of the total income of $4,000, he is responsible for 75% of $1,338 in child support, or $1,003.50. Julie is responsible for the remaining 25%, or $334.50.
If Bob and Julie had one minor child, the total amount of support would be $905, and Bob would have to pay $678.75. If they had three minor children, the total amount would be $1,548, of which Bob would pay $1,161.
The chart which sets out the amounts of child support can be found here.
Wednesday, February 01, 2006
Real-World Economics for the High-School Student
A 14-year old student in Lincoln is arrested for selling crack, according to KETV News.
Yet another argument for homeschooling....
Yet another argument for homeschooling....
Another Omaha Lawyer Enhances the Image of the Profession
I feel slightly bad for this attorney, but since this is not the first time he has been in trouble, I feel more concern for the public at large. When Mr. Gleason was previously disciplined for misappropriation of client funds, he was given a very rare exception to the usual rule of automatice disbarment. The Nebraska Supreme Court felt that his psychological condition warranted special treatment. The opinion from 1995 (248 Neb. 1003, for those of you who want to look it up) doesn't state much he took in that case, but attorneys in Nebraska routinely lose their licenses for taking less than $1,000. It's sad to see one of the Supreme Court's few cases of leniency come back to bite them, and all of us.
In addition to the Omaha World-Herald article, KETV had two stories on the incident providing fresh detail: here and here. Of particular note is that he may owe clients more than $60,000. The worst part about this is that this will make it harder for other attorneys to show mitigating circumstances why they should not be disbarred in the future, even though some may actually be deserving of a second chance.
Some key sections from the 1995 Opinion:
First, there is no question that misappropriation of client funds, as one of the most serious violations of duty an attorney owes to clients, the public, and the courts, typically warrants disbarment....
[R]espondent is unique to this court in that he was undergoing treatment for his psychological problems before the Counsel for Discipline contacted him with the informal complaint. Respondent suffered from certain well-defined psychological problems, and those problems led to the complaint. There can be no implication that he sought treatment for his behavior in order to find some excuse to use in this proceeding....
Respondent has shown both remorse and a resolve to deter any possible infractions in the future....At every stage of this disciplinary process, respondent was unanimously found to be deserving of leniency.
Sixth, as to respondent's fitness to practice law, no client ever suffered any monetary loss [NOT TRUE NOW], and all clients were represented professionally and zealously. As to respondent's fitness to practice in the future, both physicians who testified stated that respondent was reacting favorably to treatment and that respondent was fit to practice law.
Finally, there are several major mitigating factors to beconsidered in this case: respondent's dual psychological illnesses and the fact that treatment of the conditions preceded the complaint.
Respondent's active involvement in the betterment of the legal profession, the affirmations of character on his behalf, the current medical treatment of respondent, and his resolve to continue such treatment should also be considered.
The unique nature of respondent's cooperation is another important mitigating factor. It is solely by virtue of respondent's testimony that we became aware of the information which led to the formal charge that respondent was out of trust. Had respondent not disclosed this information or been uncooperative, we do not know if the Counsel for Discipline would have had enough information to pursue formal out-of-trust disciplinary charges. We are dealing with an ethical system, the success of which depends largely upon voluntary compliance. We hesitate to set a precedent which would chill future respondents' cooperation.
The nature of depression and the psychiatrist-assisted potential for cure are mitigating factors in Nebraska disciplinary proceedings.
We affirm that in virtually all future cases of misappropriation, disbarment will be the only appropriate discipline unless it appears that the misconduct resulted from nothing more than mere negligence. While avoiding a per se rule,we acknowledge our prior decisions and will regard a lesser sanction only when extraordinary mitigating factors are present. This court has found such factors in the past and may find other factors in the future. However, mitigating factors will only overcome the presumption of disbarment if they are extraordinary and, when aggravating circumstances are present, substantially outweigh those circumstances as well.
CONCLUSION
When we balance the need to protect the public, the nature of respondent's offenses, the need for deterring others, and the reputation of the bar as a whole against respondent's interest in preserving his privilege to practice law and all mitigating circumstances, we must conclude that the only appropriate judgmentis to suspend respondent from the practice of law effective immediately.
Judgment of suspension.
In addition to the Omaha World-Herald article, KETV had two stories on the incident providing fresh detail: here and here. Of particular note is that he may owe clients more than $60,000. The worst part about this is that this will make it harder for other attorneys to show mitigating circumstances why they should not be disbarred in the future, even though some may actually be deserving of a second chance.
Some key sections from the 1995 Opinion:
First, there is no question that misappropriation of client funds, as one of the most serious violations of duty an attorney owes to clients, the public, and the courts, typically warrants disbarment....
[R]espondent is unique to this court in that he was undergoing treatment for his psychological problems before the Counsel for Discipline contacted him with the informal complaint. Respondent suffered from certain well-defined psychological problems, and those problems led to the complaint. There can be no implication that he sought treatment for his behavior in order to find some excuse to use in this proceeding....
Respondent has shown both remorse and a resolve to deter any possible infractions in the future....At every stage of this disciplinary process, respondent was unanimously found to be deserving of leniency.
Sixth, as to respondent's fitness to practice law, no client ever suffered any monetary loss [NOT TRUE NOW], and all clients were represented professionally and zealously. As to respondent's fitness to practice in the future, both physicians who testified stated that respondent was reacting favorably to treatment and that respondent was fit to practice law.
Finally, there are several major mitigating factors to beconsidered in this case: respondent's dual psychological illnesses and the fact that treatment of the conditions preceded the complaint.
Respondent's active involvement in the betterment of the legal profession, the affirmations of character on his behalf, the current medical treatment of respondent, and his resolve to continue such treatment should also be considered.
The unique nature of respondent's cooperation is another important mitigating factor. It is solely by virtue of respondent's testimony that we became aware of the information which led to the formal charge that respondent was out of trust. Had respondent not disclosed this information or been uncooperative, we do not know if the Counsel for Discipline would have had enough information to pursue formal out-of-trust disciplinary charges. We are dealing with an ethical system, the success of which depends largely upon voluntary compliance. We hesitate to set a precedent which would chill future respondents' cooperation.
The nature of depression and the psychiatrist-assisted potential for cure are mitigating factors in Nebraska disciplinary proceedings.
We affirm that in virtually all future cases of misappropriation, disbarment will be the only appropriate discipline unless it appears that the misconduct resulted from nothing more than mere negligence. While avoiding a per se rule,we acknowledge our prior decisions and will regard a lesser sanction only when extraordinary mitigating factors are present. This court has found such factors in the past and may find other factors in the future. However, mitigating factors will only overcome the presumption of disbarment if they are extraordinary and, when aggravating circumstances are present, substantially outweigh those circumstances as well.
CONCLUSION
When we balance the need to protect the public, the nature of respondent's offenses, the need for deterring others, and the reputation of the bar as a whole against respondent's interest in preserving his privilege to practice law and all mitigating circumstances, we must conclude that the only appropriate judgmentis to suspend respondent from the practice of law effective immediately.
Judgment of suspension.
Omaha City Lawyers See Merger as "Problematical"
Aren't lawyers supposed to be experts with the written word? Apparantly someone in the City Law Department doesn't know how to use their spell check.
In an Omaha World-Herald article, Omaha city lawyers raised concerns about a potential merger of city and county governments. Issues such as violation of the principal of "one man, one vote" and of Omaha receiving preferential treatment to other cities in Douglas County were highlighted in the memo.
A key quote: "That broad nature makes this latter question problematical,".
What was not highlighted was whether such a merger would involve hiring attorneys who could proofread before releasing memos to their clients or the press.
In an Omaha World-Herald article, Omaha city lawyers raised concerns about a potential merger of city and county governments. Issues such as violation of the principal of "one man, one vote" and of Omaha receiving preferential treatment to other cities in Douglas County were highlighted in the memo.
A key quote: "That broad nature makes this latter question problematical,".
What was not highlighted was whether such a merger would involve hiring attorneys who could proofread before releasing memos to their clients or the press.
Tuesday, January 31, 2006
Cass County Attorney Overreaching on Underage Drinking
According to this Omaha World Herald article, Cass County Attorney Nathan Cox is attempting to crack down on underage drinking by seeking the ability to arrest anyone under 21 showing "evidence of recent consumption," regardless of whether the person has alcohol on the breath. Such evidence would include problems with "speech, manner, appearance, behavior, lack of coordination" and other "symptoms" that ONLY occur if you've been drinking.
Right.
Tell that to diabetics, who frequently appear to be intoxicated when their blood sugar is low. Oh, and don't let your teens go outside if they have been up all night cramming for finals. You don't want their blood-shot eyes and slight level of disorientation from lack of sleep to get them hauled to jail.
See, Cox's proposal does not involve a determination that the kids have actually INGESTED alcohol, but only that they exhibit the symptoms of having done so. You can't do that with drunk drivers. A cop may be able to pull someone over for what appears to be driving under the influence, but the cop still has to administer a breath and blood test. Cox apparantly doesn't think that's necessary.
I can't wait to see how this plays out.
Right.
Tell that to diabetics, who frequently appear to be intoxicated when their blood sugar is low. Oh, and don't let your teens go outside if they have been up all night cramming for finals. You don't want their blood-shot eyes and slight level of disorientation from lack of sleep to get them hauled to jail.
See, Cox's proposal does not involve a determination that the kids have actually INGESTED alcohol, but only that they exhibit the symptoms of having done so. You can't do that with drunk drivers. A cop may be able to pull someone over for what appears to be driving under the influence, but the cop still has to administer a breath and blood test. Cox apparantly doesn't think that's necessary.
I can't wait to see how this plays out.
Senator Wants to Put Ashland Underwater...
So what is the deal with this proposal to build a lake right on top of Ashland??? It's not that I'm a big fan of the town or anything. I've been through it a few times and know relatively little about it. But why would a senator propose eliminating a town just to put in a lake? And apparantly this is not the first time something like this has been proposed. Am I missing something here?
Sunday, January 29, 2006
Law Firm Specializing in Pizza Rights
This firm will vigorously represent you and defend your right to tasty pizza. Pretty cool niche if you ask me....
Thanks to Matt Homann at the Nonbillable Hour (http://thenonbillablehour.typepad.com/nonbillable_hour/2006/01/links_for_20060_15.html)
Thanks to Matt Homann at the Nonbillable Hour (http://thenonbillablehour.typepad.com/nonbillable_hour/2006/01/links_for_20060_15.html)
Friday, January 20, 2006
Should This Officer Be Allowed To Retire?
Yesterday, we learned that David Sherman, an Omaha policeman, was arrested on domestic assault charges. What is interesting is that he was allowed to submit his retirement paperwork so that he can collect his pension, regardless of the fact that he is not eligible for retirement until March. According to the article in the Omaha World-Herald, officers are always allowed to retire instead of being fired, and the officers will collect their pensions regardless of whether they are fired or face criminal charges.
Frankly, I think this is absurd. I can't say at the moment whether people in the private sector can collect their pensions if they are fired or have committed a crime involving their company. But assuming that they could, officers should be held to a higher standard. Let's face it. Anytime an officer commits a wrongdoing, the fact that he or she is a cop is part of it. In this case, it appears that Sherman has used his position to investigate people to harass them. If true, should he really be allowed to collect his pension? And frankly, how did he get away with this behavior so many times?
I love this quote by Councilman Chuck Siegerson. "He said that employees would not want to work for the city and give 100 percent if they were constantly worried about losing their pension." Well, if you are worried about keeping your pension, then don't break the law!
The one good part about him getting his pension is the probability that his wife will get a cut of it in the divorce.
Frankly, I think this is absurd. I can't say at the moment whether people in the private sector can collect their pensions if they are fired or have committed a crime involving their company. But assuming that they could, officers should be held to a higher standard. Let's face it. Anytime an officer commits a wrongdoing, the fact that he or she is a cop is part of it. In this case, it appears that Sherman has used his position to investigate people to harass them. If true, should he really be allowed to collect his pension? And frankly, how did he get away with this behavior so many times?
I love this quote by Councilman Chuck Siegerson. "He said that employees would not want to work for the city and give 100 percent if they were constantly worried about losing their pension." Well, if you are worried about keeping your pension, then don't break the law!
The one good part about him getting his pension is the probability that his wife will get a cut of it in the divorce.
Attorney General Appeals Poindexter Decision
Edward Poindexter is one of two individuals considered by some to be "political prisoners" in Nebraska (the other is Mongo we Langa, formerly known as David Rice). He is still hoping to get out of his prison sentence. Background information regarding these two, from the "political prisoner" point of view, can be found at http://www.n2pp.info/. (get it? Nebraska's 2 political prisoners? How clever.) More detailed information can be found on Wikipedia. Finally, this letter, signed by Senator Ernie Chambers and Tariq Al-Amin, among others (Tariq is Omaha's "straight razor" cop), states their belief that the 911 tape will exonerate Rice and Poindexter. This will be interesting to follow.
Thursday, January 19, 2006
Term Limits Challenge Taken Up By Judge
Senator Ernie Chambers is still hoping to the one gift on his Christmas list... Another chance to run for office.
Howard Iken's 3 Day Action Plan for Spouses Served with Divorce Papers
First, let me say that the Internet contains a lot of great information about divorce. You do not need to look only to Nebraska websites to find useful nuggets of information. This 3-day Action Plan, for instance, developed by Howard Iken, a Florida divorce attorney, is relevant to anyone experiencing a divorce, regardless of where they live. However, I do have some comments to share, which I will insert in relevant places throughout the article.
You Were Served Divorce Papers? A 3 Day Action Plan by Howard Iken
Copyright 2005 The Divorce Center P.A.
Today
• Don't panic - best decisions are made with a cool, calm head
• Sit down, relax, and read the divorce papers several times.
• Don't call your spouse in anger - no contact is best for now.
I would just add - Do not ignore calls from your spouse. She/he may be calling with important information, such as arrangements for child support, paying bills that are immediately due, etc. Also, if you absolutely need to contact your spouse, it may help to have a friend or relative with you for emotional support - not to argue with or yell at your spouse, but to help keep you calm. Regardless of who calls whom, keep it short and to the point, and DO NOT ARGUE.
• Read up on divorce - knowledge always helps take the fear away.
• When you finish the above steps, take a short break and then read all of the divorce papers again until you thoroughly understand what is ahead.
• If you have children, do not draw them into the conflict. This is best for your children and will put you in the best position to win custody.
Do not blame your spouse for anything, and do not let your friends or relatives bad mouth your spouse around the children. When your children ask about the divorce (and they will), give them lots of reassurance, but don't make promises you may not be able to keep (e.g., "Don't worry honey, you'll stay with me").
• You have 20 days from the date you received the summons to send an answer.
In Nebraska, you have 30 days to file an answer.
• If possible, take tomorrow off and devote some thought to the situation.
Tomorrow
• You must decide if you will represent yourself or hire an divorce attorney.
• If you want an attorney, start calling and find one that you like.
• If you are a do-it-yourself person, continue to read about divorce for 7 more days. You have almost two weeks to act and you must become well informed.
• Review the location and amount of all your assets. If possible, remove money from the bank and put it in a place of security. Do not deprive your spouse of necessary funds to live on. That could backfire on you.
This is VERY IMPORTANT. In fact, you should start doing this before you are served if you even suspect your spouse is going to file for divorce. The other party will frequently take items of value with them, and it can be easy to lose track, particularly if the items are small, such as figurines or baseball cards. If your spouse takes certain items and sells them, and you have not kept a record of all of the items, you have essentially awarded 1o0% of the value of those items to your spouse.
• Review your credit cards and any other sources of credit. If possible, cancel cards that are joint accounts or remove your spouse's name from the card.
HOWEVER, keep your own needs in mind while you are doing this. If you need money to retain an attorney, or to pay rent or buy food, your best option may be to take a cash advance against the card, even a joint card.
There are two reasons you may not want to cancel that joint card. First, the concern here is that your spouse may run up charges on a joint card and try to stick you with the bill. In Nebraska, a party can be held liable for those debts incurred for his/her own benefit not only after the marriage but during the marriage. Since today's credit card statements are fairly detailed, you should be able to show in court that the other party ran up charges on the card and should have to pay those charges themselves.
Second, it may be difficult for you to access new credit. If you are unemployed, or if your credit is at the limit, you may not be able to take on new unsecured debt, and you will not be able to take loans against property on which your spouse is also named without her/his consent. Instead, keep thorough track of all your uses of the card, and immediately question any transactions with which you were not involved.
• Speed is your best tool - be thorough and act today.• Go into conservation mode and build a rainy day fund. You may soon need it.
• Begin to collect all records of assets, amounts owed, property, deeds, and family business records. If you are in the marital home, keep the records in a more secure place, like with a trusted friend.
The alternative, of course, is to change the locks so that your spouse doesn't have access to the home. If you take this route, don't forget to change the setting on the garage door opener and the keycode on any keyless entry systems.
• Call the IRS to find out how to request copies of the last 5 years of tax returns - if you don't already have them.
Next Day
• Continue your education. This is one of the biggest and most important projects of your life. Read books and attend seminars. Become an expert.
• Make a financial plan or a household budget for the next 12 months. Don't spend unnecessary money.
• Get a notebook and a holder for paperwork. Set up a central collection point for all the information you gather during your divorce. Keep a detailed diary and jot down anything you learn from your educational efforts.
I cannot stress the importance of the detailed diary enough. It is very hard to reconstruct conversations and events even a few months down the road. Start off by writing down every event and conversation of importance that you can recall. Then write down new events and conversations while they are fresh in your mind. Your notes can be valuable tools in the hands of your attorney.
Remember, you are not powerless. You can take control of your divorce and protect your interests.
You Were Served Divorce Papers? A 3 Day Action Plan by Howard Iken
Copyright 2005 The Divorce Center P.A.
Today
• Don't panic - best decisions are made with a cool, calm head
• Sit down, relax, and read the divorce papers several times.
• Don't call your spouse in anger - no contact is best for now.
I would just add - Do not ignore calls from your spouse. She/he may be calling with important information, such as arrangements for child support, paying bills that are immediately due, etc. Also, if you absolutely need to contact your spouse, it may help to have a friend or relative with you for emotional support - not to argue with or yell at your spouse, but to help keep you calm. Regardless of who calls whom, keep it short and to the point, and DO NOT ARGUE.
• Read up on divorce - knowledge always helps take the fear away.
• When you finish the above steps, take a short break and then read all of the divorce papers again until you thoroughly understand what is ahead.
• If you have children, do not draw them into the conflict. This is best for your children and will put you in the best position to win custody.
Do not blame your spouse for anything, and do not let your friends or relatives bad mouth your spouse around the children. When your children ask about the divorce (and they will), give them lots of reassurance, but don't make promises you may not be able to keep (e.g., "Don't worry honey, you'll stay with me").
• You have 20 days from the date you received the summons to send an answer.
In Nebraska, you have 30 days to file an answer.
• If possible, take tomorrow off and devote some thought to the situation.
Tomorrow
• You must decide if you will represent yourself or hire an divorce attorney.
• If you want an attorney, start calling and find one that you like.
• If you are a do-it-yourself person, continue to read about divorce for 7 more days. You have almost two weeks to act and you must become well informed.
• Review the location and amount of all your assets. If possible, remove money from the bank and put it in a place of security. Do not deprive your spouse of necessary funds to live on. That could backfire on you.
This is VERY IMPORTANT. In fact, you should start doing this before you are served if you even suspect your spouse is going to file for divorce. The other party will frequently take items of value with them, and it can be easy to lose track, particularly if the items are small, such as figurines or baseball cards. If your spouse takes certain items and sells them, and you have not kept a record of all of the items, you have essentially awarded 1o0% of the value of those items to your spouse.
• Review your credit cards and any other sources of credit. If possible, cancel cards that are joint accounts or remove your spouse's name from the card.
HOWEVER, keep your own needs in mind while you are doing this. If you need money to retain an attorney, or to pay rent or buy food, your best option may be to take a cash advance against the card, even a joint card.
There are two reasons you may not want to cancel that joint card. First, the concern here is that your spouse may run up charges on a joint card and try to stick you with the bill. In Nebraska, a party can be held liable for those debts incurred for his/her own benefit not only after the marriage but during the marriage. Since today's credit card statements are fairly detailed, you should be able to show in court that the other party ran up charges on the card and should have to pay those charges themselves.
Second, it may be difficult for you to access new credit. If you are unemployed, or if your credit is at the limit, you may not be able to take on new unsecured debt, and you will not be able to take loans against property on which your spouse is also named without her/his consent. Instead, keep thorough track of all your uses of the card, and immediately question any transactions with which you were not involved.
• Speed is your best tool - be thorough and act today.• Go into conservation mode and build a rainy day fund. You may soon need it.
• Begin to collect all records of assets, amounts owed, property, deeds, and family business records. If you are in the marital home, keep the records in a more secure place, like with a trusted friend.
The alternative, of course, is to change the locks so that your spouse doesn't have access to the home. If you take this route, don't forget to change the setting on the garage door opener and the keycode on any keyless entry systems.
• Call the IRS to find out how to request copies of the last 5 years of tax returns - if you don't already have them.
Next Day
• Continue your education. This is one of the biggest and most important projects of your life. Read books and attend seminars. Become an expert.
• Make a financial plan or a household budget for the next 12 months. Don't spend unnecessary money.
• Get a notebook and a holder for paperwork. Set up a central collection point for all the information you gather during your divorce. Keep a detailed diary and jot down anything you learn from your educational efforts.
I cannot stress the importance of the detailed diary enough. It is very hard to reconstruct conversations and events even a few months down the road. Start off by writing down every event and conversation of importance that you can recall. Then write down new events and conversations while they are fresh in your mind. Your notes can be valuable tools in the hands of your attorney.
Remember, you are not powerless. You can take control of your divorce and protect your interests.
Tuesday, January 10, 2006
Tobacco is NOT a food group!
In case you were wondering....
http://www.ketv.com/news/5981818/detail.html
Interestingly enough, there is no mention of why the felony charge of child abuse was dropped. Ms. Harlan was originally accused of trying to sell her child into prostitution. http://www.wowt.com/news/headlines/1568831.html.
In case you were wondering....
http://www.ketv.com/news/5981818/detail.html
Interestingly enough, there is no mention of why the felony charge of child abuse was dropped. Ms. Harlan was originally accused of trying to sell her child into prostitution. http://www.wowt.com/news/headlines/1568831.html.
Sometimes You Should Just Keep Your Mouth Shut....
Just because you can get a higher court to throw out your sentence doesn't mean you're better off....
http://www.ketv.com/news/5981734/detail.html
The actual Court of Appeals decision can be found here:
http://court.nol.org/opinions/2006/january/jan10/a05-529.htm
Just because you can get a higher court to throw out your sentence doesn't mean you're better off....
http://www.ketv.com/news/5981734/detail.html
The actual Court of Appeals decision can be found here:
http://court.nol.org/opinions/2006/january/jan10/a05-529.htm
Abduction Story Made Up
http://www.ketv.com/news/5977112/detail.html
What do you do with an 8 year old in a situation like this? As an active practitioner in Juvenile Court, I can't really think of any effective remedy the Court could impose, beyond maybe counseling. I can't really blame the parents either. As a parent, I don't think they could have necessarily prevented this. I have learned that some kids will behave improperly regardless of how they are raised. And billing the parents for the costs of the city's time would not teach the child anything.
What are your thoughts?
http://www.ketv.com/news/5977112/detail.html
What do you do with an 8 year old in a situation like this? As an active practitioner in Juvenile Court, I can't really think of any effective remedy the Court could impose, beyond maybe counseling. I can't really blame the parents either. As a parent, I don't think they could have necessarily prevented this. I have learned that some kids will behave improperly regardless of how they are raised. And billing the parents for the costs of the city's time would not teach the child anything.
What are your thoughts?
Another City Employee Scandal in the Making?
http://www.ketv.com/news/5982782/detail.html
The Parks Director, Larry Foster, has not been charged, nor has another employee who was fired. No word if such charges are on the way.
http://www.ketv.com/news/5982782/detail.html
The Parks Director, Larry Foster, has not been charged, nor has another employee who was fired. No word if such charges are on the way.
Thursday, January 05, 2006
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