Monzon Law P.C.L.L.O.Lincoln Criminal Defense & Immigration Lawyers | Monzon, Guerra & Associates2024-02-08T18:03:17Zhttps://www.monzonlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1203815/2019/08/mobile-icon-75x75.pngOn Behalf of Monzón, Guerra & Chipman, Attorneys At Lawhttps://www.monzonlaw.com/?p=2564822024-02-08T18:03:17Z2024-02-08T18:03:17Z1. Demonstrate stability in your life
Nebraska family courts prioritize the well-being and stability of the child. Establishing a stable environment is important. Maintain a consistent and structured daily routine, showing your ability to provide a secure and predictable life for your child.
2. Prioritize the child's best interests
Show your commitment to meeting your child's physical, emotional and educational needs. Provide evidence of your involvement in your child's life, such as attending school events, medical appointments and extracurricular activities.
3. Maintain a positive co-parenting relationship
Nebraska has a divorce rate of 2.6 per 1,000 people, and many of these splits involve children. Demonstrating a willingness to cooperate with the other parent is key. Encourage open communication, compromise and a respectful co-parenting relationship. This highlights your commitment to fostering a healthy environment for the child, regardless of the parental relationship.
4. Document your involvement in the child's life
Nebraska courts consider the level of parental involvement when deciding custody. Keep detailed records of your interactions with the child, including visitation schedules, parenting responsibilities and any relevant activities.
5. Attend parenting classes or counseling
Taking proactive steps to improve parenting skills can bolster your case. Attend parenting classes or counseling sessions to get the necessary tools to provide a nurturing environment for your child.
6. Ensure a safe and suitable living environment
Assess and maintain a safe living space for your child. Address any potential hazards and provide evidence of a clean, child-friendly environment.
The stakes in child custody are high, emotions run deep and the outcomes have lasting implications for the well-being of both parents and children. Fortunately, parents navigating child custody cases in Nebraska can enhance their prospects.]]>On Behalf of Monzón, Guerra & Chipman, Attorneys At Lawhttps://www.monzonlaw.com/?p=2564832023-11-04T10:31:21Z2023-11-04T10:31:21ZSell the property
If neither of you wish to keep the home and you would rather simply split the proceeds of a sale, that allows both of you a clean break with a fair division of the assets. Some couples choose to sell, but opt to defer that sale until their children graduate. This allows the children to remain in their family home throughout their school years.
Buy out one party
If one of you wishes to keep the home, they can buy out the other’s interest in the house. You will need to consider the current market value and any outstanding mortgage to determine a fair amount. Sometimes, couples decide to trade full ownership of the family home for a second property or other significant asset as a buy-out alternative.
Co-ownership
If you wish to maintain stability for your children, you might decide to maintain co-ownership of the home for their sake. Sometimes, this leads to birdnesting agreements for custody as well. As an alternative, co-ownership also provides the opportunity to rent the home and split the proceeds. The average rental rate in Nebraska is $1,295. This provides couples an opportunity to pay off an outstanding mortgage if they have one while also gaining a profit.
When deciding how to handle your family home in your divorce, consider your financial position, the value of the home and any personal preferences as you choose the right solution.]]>On Behalf of Monzón, Guerra & Chipman, Attorneys At Lawhttps://www.monzonlaw.com/?p=2564842023-11-03T10:30:41Z2023-11-03T10:30:41ZNebraska's implied consent law
Like most states, Nebraska has an implied consent law that states that anyone in actual physical control of a vehicle automatically consents to breath, urine or blood chemical testing if stopped for suspicion of DUI.
Before they administer a test, the officer must inform you of implied consent laws, including the consequences of refusing.
Proving DUI without a chemical test
Without evidence from field sobriety or chemical testing, prosecutors will struggle to prove a DUI charge in court. However, they will likely argue that you refused the test to intentionally hide intoxication. Therefore, it is possible to face a conviction, even without that evidence.
Penalties for refusing
First-time offenders may face up to 60 days in jail, a $500 fine and six months of license suspension. A second refusal with a prior DUI conviction can lead to a maximum of one year in jail, a $1,000 fine, license revocation of up to 15 years and immobilization of any vehicle the defendant owns, depending on the circumstances. Third-time offenses could result in up to three years in jail, $10,000 in fines, vehicle immobilization and 15 years without a license.
A number of circumstances can impact a DUI case, and a charge is not a conviction. If you face a DUI charge, you still have your day in court to fight.]]>On Behalf of Monzón, Guerra & Chipman, Attorneys At Lawhttps://www.monzonlaw.com/?p=2564852023-11-02T10:00:49Z2023-11-02T10:00:49ZMisrepresentation of policy details
Insurance adjusters work on behalf of the insurance carrier, so their vested interest is in saving the company as much as possible. Sometimes, they do this by misrepresenting the coverage of the policy. Understanding the terms of your policy before calling can help you avoid this. For example, the adjuster cannot misrepresent the coverage limits or policy exclusions to deny your claim.
Unnecessary delays
After an accident at someone else’s hand with police reports and clear evidence of their liability, the settlement process should be expedient. Some insurance carriers drag the process out with claims that they are still investigating the details. The hope is that, over time, you tire of the process and stop pursuing your settlement. Stay engaged with the carrier and fight for the settlement you deserve.
As the injured party, getting compensation for your injuries should not be so challenging. Unfortunately, insurance carriers often prioritize profits over people, making it difficult to get the settlement that you need to cover medical costs, lost earnings and lifestyle changes after the accident. Recognize the unfair practices and push back to get the settlement you deserve.]]>On Behalf of Monzón, Guerra & Chipman, Attorneys At Lawhttps://www.monzonlaw.com/?p=2564862023-11-01T18:15:25Z2023-11-01T18:15:25ZUnderstanding the risks
Under U.S. immigration law, non-citizens can face deportation for criminal convictions. The law considers certain offenses as aggravated felonies, crimes of moral turpitude or drug offenses, each of which can trigger deportation proceedings. Even a relatively minor offense can have serious immigration consequences.
Protecting your rights
Some possible strategies to protect yourself from deportation include:
Negotiating a plea bargain: Negotiating with the prosecutor for reduced charges or alternative dispositions can help you avoid a conviction that could trigger deportation.
Contesting the charges: Fighting the charges and seeking an acquittal or dismissal could minimize the risk of deportation.
Seeking asylum: If you qualify as a refugee, you may receive asylum based on your inability to return to your home country due to fear of persecution.
Pursuing adjustment of status: You may be able to change your immigration status while living in the United States through a petition by a spouse, immediate family member or employer.
These are just a few of the strategies available that could help you from being deported. It is important to consider your options and choose the best strategy for your circumstance.
Appealing a decision
If your deportation defense strategy is successful, there is no need to consider an appeal. However, if you lose your case, you have the legal right to file an administrative appeal. If the Board of Immigration Appeals rules against you, you may be still able to appeal to the federal court.
It is true that non-citizens facing criminal charges in the United States are at risk of deportation. However, with the right defensive strategy, you can protect your rights and may be able to remain in the country.]]>On Behalf of Monzón, Guerra & Chipman, Attorneys At Lawhttps://www.monzonlaw.com/?p=2564872023-02-28T15:15:11Z2023-02-28T15:15:11ZWhat actions constitute wire fraud?
The Department of Justice defines wire fraud as any criminal act that utilizes interstate telecommunications or other electronic communications in furtherance of a scheme to defraud others of money. Elements of fraud include misrepresentations of facts or false promises that yield monetary gain for the fraudster to the detriment of a victim. The prevalence of social media and other digital communication tools can lead to more would-be white-collar criminals attempting to commit fraudulent acts over wire.
How can you defend yourself when accused of wire fraud?
Proving fault in a wire fraud case requires the prosecution to present your method of defrauding others, an intent to do so and an evident instance of using interstate wire communications toward that purpose. It is vital that you work closely with your legal team to build a strong defense and that you avoid disclosing details surrounding the case to anyone other than your legal advocates.
Wire fraud convictions have steep consequences at the state and federal levels. Taking the matter seriously and seeking experienced help are necessary steps you must take to protect your freedoms and your reputation.]]>On Behalf of Monzón, Guerra & Chipman, Attorneys At Lawhttps://www.monzonlaw.com/?p=2564882023-01-05T02:20:54Z2023-01-05T02:20:54ZAvoiding boasts and threats
Some people recommend taking a social media sabbatical while going through a divorce. With that approach, they just do not post anything until their divorce is final. But since not everyone thinks like that, you should subscribe to a different tactic – a strong level of cautiousness.
When going through a divorce, please avoid this behavior on social media:
Boasting: Bragging about your money and the lavish trips you take with your paramour will make a judge become aware that you may be hiding assets.
Lying and criticizing your spouse: It is not prudent to vent about your spouse and declare untruths for all to see. The truth will prevail, and a judge will not tolerate your actions.
Making threats and stalking: These are major no-nos. Your Facebook friends and colleagues who become aware of your antics suddenly become potential witnesses in your divorce case. In a judge’s eyes, such actions make you an unstable and dangerous person and potentially unfit as a parent.
Sharing intimate details about your spouse: Your goal to humiliate your estranged spouse by sharing information and intimate images will backfire. You will be punished.
If you must post on social media, be careful and use good judgment.
Look to the future
Understandably, you likely are going through a difficult time during divorce. Please do not make things unnecessarily more difficult by misbehaving on social media. Do your best to move on toward a new chapter in your life.]]>On Behalf of Monzón, Guerra & Chipman, Attorneys At Lawhttps://www.monzonlaw.com/?p=2564892022-09-16T20:33:50Z2022-09-16T20:33:50Zthree main options for what you and your ex can do about the house:
One spouse keeps the house
If you bought the home during your marriage, it is almost certainly a marital asset under Nebraska divorce law. Even if one of you bought it before the wedding, it still could have become marital property if both parties contributed to the mortgage payments and other costs.
That means you and your ex are both entitled to an equitable share of the house (or its cash equivalent). Sometimes, one spouse buys out the other's ownership share and keeps the house in their name. It can be challenging to afford the mortgage, utilities and maintenance costs on a single income. But parents of young children sometimes find keeping the house in the family helps the kids adjust to the divorce.
Sell the house
To save on housing costs, divorcing spouses will often agree to sell the house and split the proceeds. This requires the two of you to work with a real estate agent to sell the property. You will also have to agree on a sale price.
Continue to share ownership
Sometimes, a divorcing couple agrees to continue co-owning the house. They might want to wait to sell until the children are grown or the housing market changes. Unless you continue living with your ex after divorce, this probably means one of you will move out but still be a co-owner on the deed. This can complicate getting approved for a mortgage on a new home. And if your ex ever defaults on the mortgage on the old house, the lender might come after you for repayment.
Whatever you and your spouse decide to do with the house, it should be a solution that both of you can live with financially and emotionally.]]>On Behalf of Monzón, Guerra & Chipman, Attorneys At Lawhttps://www.monzonlaw.com/?p=2564902022-08-17T22:31:28Z2022-08-17T22:31:28Zsteps you should take after a car accident.
Get to safety
A car accident often means you and your vehicle are in the middle of the street. Other drivers may not expect to drive up to a crash scene, so it is essential to get to safety.
Even if you cannot move your car, you should get yourself and any of your passengers to the side of the road and out of the way.
Call 911
Once you are safe, you should call 911 to get support from police and medical professionals. You will need to make a report of what happened during the accident both to make a personal injury claim and to make a car insurance claim. The police report will also help you exchange information with the other people involved in the accident.
If you do not need medical care at the scene, you should still go to urgent care so that a doctor can check for injuries. Some injuries are easy to overlook right after the accident, and seeing a doctor right away will show that the injuries came from the accident.
Take notes and pictures
If the scene is safe, you should take pictures of the damage to your vehicle and the area where the crash took place. You should also take notes about the circumstances of the accident and any notable factors such as weather or a distracted driver.
In the hours and days after a crash, your memory will fade, and it will be difficult to remember the details of what happened. When you can write a few notes and get pictures, it can support your story about the accident.]]>On Behalf of Monzón, Guerra & Chipman, Attorneys At Lawhttps://www.monzonlaw.com/?p=2564912022-06-07T02:38:43Z2022-06-07T02:38:43ZWhere the most accidents happen
Interstate 80 sees a disproportionate number of crashes due to the high volume of traffic, the higher speed limit, and the fact that many drivers on the interstate have come from far and may be more distracted or fatigued after driving for such a long time.
Country roads tend to have greater dangers than city roads, due to things such as higher speed limits, wind, and animals. Within the city limits of Lincoln, however, vehicle accidents tend to occur around busy intersections.
Statistics gathered by the city of Lincoln demonstrate that significantly higher numbers of crashes occur in intersections rather than on the stretch in between intersections. The statistics show that 59% of total crashes, and 70% of severe crashes, occur in an intersection, compared with 41% of total crashes and 30% of severe crashes that occur on street segments.
Most dangerous intersections
The five intersections within city limits that see the highest numbers of crashes each year are:
Cornhusker and Knox
L and Wedgewood
North 14th and Superior
South 17th and A
Antelope Creek and Van Dorn
Any intersection with high traffic volume and several lanes is bound to see an elevated number of accidents. Take care and avoid distractions when driving, especially when going through an intersection. If a distracted or negligent driver hits you, do not hesitate to explore all of your options for obtaining compensation for your damages.]]>