When Family Law Meets Criminal Law

Although family law and criminal law are very different areas of law, they frequently overlap. When a family law case involves allegations of criminal law, the case becomes more complicated for the family law practitioner. Hiring an attorney with experience in both areas can be a benefit to you and your case.

As an attorney who handles criminal and family cases, I can represent you regarding all related issues and advise you regarding your best available legal options. Although family law is very different from criminal law, an understanding of the implications and interconnection between the two allows me to better protect and advise my clients in cases involving domestic violence.

Some legal issues require both criminal law and family law experience. For example, a divorce in which domestic violence is an issue is one case where a multifaceted lawyer can come in handy. Similarly, a divorce case in which child abuse and neglect play a role could benefit from an attorney who has practiced in both areas of law. Having an attorney with experience in both family and criminal law can help you regardless if you are the one being accused of the wrongdoing or you are the spouse. My experience in these areas of both these areas of the law allow me as your attorney to assist dealing with the District Attorney’s office, CPS, and law enforcement while you are preparing to move forward with your divorce.

If you have both a criminal case and family court case pending, hiring different lawyers for both cases can be very expensive. It is always helpful to have an attorney who knows both sides of the law when working on your case. If you need assistance with your case contact my office to schedule a consultation to discuss your pending matters.

You and your spouse going separate ways during the holidays?

The holiday season is fast approaching and every parent wants their children to have wonderful memories of the holidays. But November and December can also be stressful especially if you and your co-parent are separated or divorced. Here are some tips for reducing your scheduling stress this holiday season.

Keep the Communicate Chain Open

Your child custody agreement probably specifies parenting-time arrangements during the holidays, but it is always a good idea review the plan with your co-parent to make certain there are no surprises. If you know your holiday plans for the kids are going to be different this year, then it’s better to explain the situation to them well in advance rather than disclose the new plan at the last minute.

Be Flexible

If your co-parent wants to deviate from the normal parenting schedule this year, consider allowing the change. This can not only minimize conflict; your co-parent may be more likely to work with you in the future when you want to vary the schedule.

Keep your Children’s Best Interest at Heart

The most important thing for divorced parents to remember is that the holidays are about their children, not them. Even if you are unable to be with your children during the holiday break, encourage them to enjoy themselves with the other parent. Try to embrace the spirit of the holiday season, let go of anger and be thankful for what you have. If have disputes that raises legal questions, then contact me for a consultation and we can discuss the situation. In some cases, a modification of the child custody arrangement may be in order.

I wish you a happy and peaceful holiday.

Hosting a Memorial Day Weekend Party – Know Your Legal Responsibilities

Planning on hosting a party this Memorial Day weekend? If you are going to be a host, remember that serving alcohol to your guests can pose inherent safety risks as well as criminal liability.

Some of the highest incidents of DWI occur between the weekends of Memorial Day and Labor Day. There are several things you can do as a host and guest to prevent you and loved ones from getting a DWI or causing an accident that injures someone else.

  • Plan ahead. Choose a designated driver or call a taxi cab. Uber is another great and convenient option to avoid driving.
  • Limit your number of drinks. Everyone processes alcohol differently and heat and dehydration may cause you to drink faster. Remember that even if you are “buzzed” you can still be charged with DWI.
  • If you are a party guest or host and notice someone who has had too much to drink, you are in the crucial position of making sure they get home safely.

If you are serving alcohol, you have even more responsibility. Even if you didn’t know your guest was under 21, you may be subject to criminal prosecution for serving alcohol to a minor.

The best advice is to use common sense and don’t let your party guests get out of control. If your best-laid plans fail to keep you out of trouble and you end up getting arrested this weekend, the single best thing you can do to protect yourself, your rights and your interests moving forward is to contact a Collin County defense lawyer.

Why Hire an Attorney with Criminal and Family Law Experience?

Sometimes when a person is arrested and charged with a crime a situation arises where there is a family dispute or separation with their spouse and children. This is a difficult situation for anyone. It is imperative you hire an attorney that has experience in both criminal defense and family law or CPS cases.

There are several reasons why hiring an attorney with experience in both criminal and family law is in your best interest.

1. Knowledge of the Procedure and the Law in Both Types of Cases
It is rare that a person’s criminal charge and family case are in the same court. The cases will have different deadlines and timelines. It is very important that whatever defense you have is not contradicted or affected in the way you address the other court. The witnesses will be under different rules in the various types of cases and will be allowed to testify to different issues which may be important in future hearings.

In a criminal case, you as the person charged with allegedly committing the crime cannot be compelled to testify in our own trial. This is not true in a family law hearing and it is quite common that a spouse or CPS will try to get you to testify on the record, under oath, about any alleged criminal conduct. It is essential you have a plan for these situations and take into account the ramifications on your criminal trial.

2. Save Money on Attorney Fees
If you have an attorney representing you on both cases, the prep work and communication with potential witnesses is not repeated and is more efficient. It is also beneficial to have evidence gathered, reports reviewed and witness statements taken by the same attorney. In a family law case, it is extremely difficult in some situations to get information from law enforcement which you are entitled to receive in your criminal case. The same is also true for getting information from witnesses in your family law case that are not working with the police.

If you are involved in a family law situation and you are worried that your spouse has committed a criminal offense, having a family law attorney with experience in criminal law will allow you to communicate with law enforcement and the district attorney’s office which may assist in your family case to secure the custody orders you are seeking.

CPS, family and criminal law are factually tangled in many cases and one will certainly affect the other. It is your best bet to have an attorney experienced in handling each and every facet of your legal issues, regardless if you are the one charged with a criminal charge or involved as a family member in these situations.

3. Implications of Criminal Charges on Your Rights Relating to Your Children
It is extremely important that a parent contacts an attorney with criminal and family law experience if they are facing charges for family violence or a protective order in Dallas County, Collin County or Denton County. If you are facing these sorts of charges the family court Judge may have the authority to modify your conservatorship with your child thereby limiting your rights to make decisions on behalf of your child.

If you are charged with a crime you are still innocent of the charge before your criminal case is concluded. It is important to have an attorney who will make sure no over reactions are taken in family court that are not warranted and unnecessary.

As a criminal and family law attorney, Ryan Kreck has successfully helped and represented clients that have multiple issues in their case including charges of domestic violence, stalking, assault, child abuse and juvenile crimes. Call my Collin County Law office at 972-369-0577 to speak with me to discuss your family, CPS or criminal case.

Notice: ob_end_flush(): failed to send buffer of zlib output compression (0) in /home/collincountyfam/public_html/wp-includes/functions.php on line 3783