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How to Talk to the Police if Your Suspected of a Crime
If you’re suspected of a crime, the police can come to your house or work or find you on the street to talk to you. Usually it will be a detective in plain clothes in an unmarked car who will want to talk to you. You might find a card from the detective under your door, or a message on your phone from him asking you to call.
You always have the right to remain silent, as anything you say to a police detective will be used against you in court. You also have the right to be represented by an attorney when talking with the police.
Just because a detective comes around looking for you doesn’t mean you have to speak to him or see him at the police precinct. If the detective is at your door, you don’t have to open it for him unless he has a warrant. If a detective is knocking at your door, you don’t have to answer. You can wait until he leaves if you want and then of course call your attorney.
Usually, a detective will hound you to come into the precinct headquarters to “talk”. But once you set foot into the precinct, the detective will have you at his mercy, where he can use different routines – such as “good cop/bad cop” – or violate your rights just enough to be “legal” to get you to talk. Maybe he’ll take your backpack from you or other property you came in with like your cell phone, then direct you to wait for him, leaving you alone in a room for what could feel like a lifetime. He may even ask you to write your version of the story down and then use that against you later.
The police are experts trained in gaining your trust and confidence. They know what to say and what tone to use with you. They will lie and misinform you to get information they want. They can tell you they have witnesses when they do not or say they will lower the charges when they will not. The police most likely will not read you your rights because they want to create an informal, relaxed appearance so you will spill the beans voluntarily.
Good Cop, Bad Cop
If you’re not talking then detectives may use the “good cop/bad cop” routine. The first cop sits alone with you in a small room and talks about the “crime”. If he’s not getting the information he wants to hear to nail you, then you may find yourself standing at the fingerprint machine with another more sensitive cop. Once you’re at the fingerprint machine you can be sure you’re being charged despite the fact that no one explained anything to you, read you your rights or told you what you’re being charged with. Part of the game is to keep you disoriented and guessing your situation. If you hear the new cop say “just tell the detective what he wants to hear and you’ll get out of here faster on a lesser charge” then you are being “played” and you definitely need to keep quiet. Don’t say something just because you think it will get you out faster, because you’re already in there and you’re going to go through the arrest process no matter what.
When the police tell you the consequences of a crime they intend to charge you with, or that they can lower the charge, don’t believe anything they say. They can and will lie to you to get you to talk so they can make an arrest. The police are not your attorney, they are not your friends– they are there to make an arrest.
The only way to protect yourself is to remain silent at all times. Enforce your right by consistently and politely stating “I am remaining silent until I have counsel.” The police can not interrogate you once you invoke that right, although they will try to interrogate you. They also can’t interrogate you unless they first read you your rights.
When you arrive at the police precinct , the police should have you sign a paper with your legal rights listed on it. They should have you read your rights while they read it to you, and then have you initial each right and sign the paper at the bottom with the time and date. This paper is a good thing for the police to prove they followed procedure and it will coordinate the time of your arrest closely with the time of reading your rights. It is not mandatory that they give you this paper with your rights, because they can by law verbally read you your rights and note in their notebook the time they read you your rights. Of course, they could never read you your rights and later say they did.
Hiring An Attorney
If a detective is hounding you with phone messages and coming by your house leaving cards with your roommate or family, immediately get an attorney. An attorney can determine if the police are going to arrest you. If you are going to be arrested then your attorney will advise you what to do (and what to say or not say), explain the arrest process, arrange for you to turn yourself in and get you through the process quicker. Also, the police will know they can’t interrogate you if you’re represented by counsel.
A good attorney will fax a letter of representation to the precinct and follow you through the arrest process by calling the proper offices and getting you to arraignment and out quicker. Your attorney should also fax a notice of appearance on your behalf to the Arraignment Clerk’s Office the minute he or she discovers you’ve been “docketed” by the District Attorney’s office (meaning they’ve drafted and filed a Criminal Complaint against you and assigned a docket number to your case so it can be heard by the court).
If you do not voluntarily turn yourself in then the police will remember you made it harder for them to arrest you and they may purposely delay your arrest process and make you sit for three days in jail before you see a judge. They’ll delay filling out your paperwork and sending it to the proper offices. They may even lose your paperwork.
The last thing you want to do is spend a minute longer being arrested and in jail so here’s a valuable tip: don’t turn yourself in or get arrested at night or on a weekend because there are less people working those shifts and the courts close certain hours, so the process can take three days or sometimes longer.
The opinions, statements and information contained and expressed in the foregoing article are solely those of the author. No position for or against, agreeing with or disagreeing with anything contained in said article is taken by US Attorneys Directory.com. We do not assume or accept any liability for the use of the information contained herein. This article is published solely as a service to attorneys, lawyers and the internet community. Anyone who does not accept this disclaimer is not authorized to read or use this article in any way.
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Client Satisfaction Attorneys
At our Law Group, we care about the relationships that we build with our clients and we take great pride in making a total commitment to excellence on their behalf. We are never satisfied until each client can state that we have made a 100% commitment to excellence on the client’s behalf. We are accessible, responsive and flexible as we strive to add value to the attorney client relationship. We have structured our law firm so that no client’s needs will go unattended. At our Law Group we know that in many instances a client’s crisis can arise quickly and require prompt attention. We also know that legal services add far greater value when targeted to reach a client prior to a critical decision being made, rather than after an improper decision has been made. We dedicate ourselves to assisting clients when they need it most, not when it is most convenient for us. Not only do we provide our clients with personal attention, but also we return client phone calls 24/7, and we do not delay in providing our clients with the services that they need.
Our clients’ needs come first and our attorneys do everything possible not only to build great rapport with our clients, but also to adhere to their every need in a complete, expeditious and conscientious manner. We listen well, are responsive and we handle our clients’ legal matters as if they were our own. We practice law creatively and with integrity. We counsel our clients to do the right thing in the right way, consistent with achieving their business and personal objectives. We treat all of our clients as long-term business partners. We combine our excellent legal skills and conscientious and personal client representation with our clients’ good judgment, to play an active role in helping our clients succeed. We believe that as our clients succeed, we also succeed. Most importantly, we create a spirit of partnership with our clients and involve them in our work to the extent they wish. For some clients this may mean only periodic status reports, while others may wish close participation at every stage of the counseling, negotiation or litigation.
Whatever level of involvement is desired, we view our clients as our informed partners. We know that our work represents our clients’ time and money. Consequently, our goals as well as the strategies that we propose to meet them, grow from our commitment to target our legal services where and when they will realize the greatest value for the time and money that our clients devote to themselves and/or their businesses. More than anything, we are proud of the friendships that we develop with our clients, who trust us with their most important investments, themselves and/or their businesses.
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Child Support
Child support is a legal duty paid by both parents. The amount of child support that the one parent pays to the other parent is determined by the Texas Child Support Guidelines. There is a formula that is used to calculate the amount of child support to be paid by both the parents. The child(ren) have the right to be supported by both parents. It is important that the proper numbers are input so that the correct child support is obtained.
Child support is a legal duty paid by both parents. The child support is not for the personal use of the receiving parent. It is the child(ren)’s money and is to be used for their use only. The parents that are involved in the divorce/paternity action do not have the right to waive child support.
When calculating the proper child support amounts there are a number of factors to consider that affects the child support that is actually ordered by the court. Some of those issues are: the amount of overnights that each parent has the child(ren); The financial needs of the child(ren) such as day care expenses, medical/dental insurance, uninsured medical payments, the income of both parents.
One of the main issues to consider in regard to child support is the amount of overnights that the non-custodial parent has the child(ren) in his/her custody. If the non-custodial parent has forty percent or more of the overnights during the course of the year (146 overnights) then the guidelines are calculated differently and a reduction of the non-custodial parents obligation. It is important to secure a timesharing schedule with your child(ren) that is as close to a fifty percent number of overnights as possible.
Child Support vs. Visitation Rights
The issues of child support and child visitation (time sharing) are two separate and distinct matters. If a parent is not paying his/her child support as ordered, the custodial parent must continue to allow the other parent his/her visitation (time sharing) rights. On the other hand, if the one parent is not allowing the visitation that is ordered in a particular case the other parent must continue to pay child support. It is the child’s right to be supported and the actions or inaction of one or both parents should not affect that right.
Modifications of Child Support
We can help you determine if you will be able to modify your child support.
Modification of child support is always possible. But there must be a substantial and material change in circumstances in the income, usually of the parent who is paying the child support. It is important that the guidelines are properly calculated from the beginning. Modifications are possible but can be costly considering attorneys’ fees and costs. Full financial disclosure is necessary, including mandatory disclosure. There is the possibility that the application of the child support Guidelines on its own will warrant a Modification of the court Ordered child support.
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CAN YOUR MARRIAGE BE SAVED?
Are you sure your marriage cannot be saved? Before you take any legal steps to end your marriage, you may consider possible ways to save it. You may wish to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi or other professional. Many social and religious organizations offer counseling services at reasonable rates. Your family law attorney may refer you to someone who can counsel you individually or together with your spouse. Some counseling services are free, and some services are offered on a sliding-scale basis related to your ability to pay.
OVERVIEW
A divorce is called a “dissolution of marriage.”
Texas is one of the many states that have abolished fault as a ground for dissolution of marriage. The only requirement to dissolve a marriage is for one of the parties to prove that the marriage is “irretrievably broken.” Either spouse can file for the dissolution of marriage. You must prove that a marriage exists, one party has been a Texas resident for six months immediately preceding the filing of the petition, and the marriage is irretrievably broken. The reason for the irretrievable breakdown, however, may be considered under certain limited circumstances in the determination of alimony, equitable distribution of marital assets and debts, and the development of the parenting plan.
The parties, facts, and circumstances in each case are unique; therefore, outcomes can differ from case to case. Outcomes in a dissolution of marriage include, among other things, the division of assets and debts, awards of spousal support, awards of child support, and decisions on parental responsibility and/or time-sharing schedules. There is no “one-size-fits-all” or “standard” dissolution of marriage in Texas.
The dissolution of marriage process can be highly emotional and traumatic for couples as well as their children. Spouses often do not know their legal rights and obligations. Court clerks and judges can answer some basic questions but cannot give legal advice. Only a family law attorney can provide legal advice. Statutory requirements and court rules must be strictly followed or you may lose certain rights permanently. The Texas Bar recommends you obtain the services of a family law attorney concerning legal questions, which include discussions regarding your rights and responsibilities in a dissolution of marriage. A knowledgeable attorney can analyze your unique situation and help you make decisions in your and your children’s best interests.
DISSOLUTION PROCEEDINGS THROUGH THE COURT
REGULAR DISSOLUTION OF MARRIAGE
Beginning the court proceeding:
The regular dissolution process begins with a petition for dissolution of marriage, filed with the circuit court in the county where you and your spouse last lived together or in a county where either party resides. Either spouse may file for a dissolution of marriage. The petitioner must allege that the marriage is irretrievably broken. The petition sets out what the petitioner wants from the court. The other spouse must file an answer within 20 days of being served, addressing the matters in the initial petition, and can choose to include a counter-petition for dissolution of marriage raising any additional issues that spouse requests the court to address.
Automatic financial disclosure:
Court rules governing a dissolution of marriage require that each party provide certain financial documents and a completed financial affidavit to the other party within 45 days of the service of the petition or several days before any temporary hearing. Failure to provide this information can result in the court dismissing the case or not considering that party’s requests. The parties or the court can modify these requirements except for the filing of a financial affidavit, which is mandatory in all cases in which financial relief is sought. A child-support guidelines worksheet also must be filed with the court at or before any hearing on child support. This requirement may not be waived by the parties or the court.
Mediation:
Mediation is a procedure to assist you and your spouse in working out an arrangement for reaching an agreement without a protracted process or a trial. Its purpose is not to save a marriage but to help divorcing spouses reach a solution and arrive at agreeable terms for handling the break-up of the marriage. Many counties have public or court-connected mediation services available. Some counties require spouses to attempt mediation before a final hearing (also known as “trial”) can be set.
Formalizing settlement terms:
Some spouses agree on some or all of the issues before or after the petition is filed. Issues may include the division of property, a parenting plan, spousal support, child support or attorney’s fees. Parties who have reached an understanding as to their desired outcome(s) enter into a written agreement that is signed by both parties and then presented to the court. Parties who do not yet have a written agreement but have reached an understanding may also appear for a final hearing with a suggested settlement that they ask the court to accept and incorporate into a final judgment. In such uncontested cases, a dissolution of marriage can become final in a short amount of time. Reaching an agreement empowers parties to create terms with which they are more likely to comply rather than leaving decisions up to a judge.
Contested final hearing:
Finally, some spouses cannot agree on all issues, so a final hearing (or “trial”) is required. Each party will present evidence and testimony to the judge during the final hearing, and then the judge makes the final decision on the contested issues.
PARENTING PLAN CONSIDERATIONS
It is the public policy of Texas to ensure that each minor child has frequent and continuing contact with both parents after the parents have separated or the marriage is dissolved and to encourage parents to share the rights and responsibilities, and joys, of child-rearing. The court gives both parties the same consideration in determining parental responsibility and time-sharing, regardless of the child’s age or gender.
In most cases, parental responsibility for a minor child will be shared by both parents so that each retains full parental rights and responsibilities with respect to their child. Shared parenting requires both parents to confer so that major decisions affecting the welfare of the child will be determined jointly. You and your spouse may agree, or the court may order, that one parent have the ultimate responsibility over specific aspects of the child’s welfare, such as education, religion or medical and dental needs. The court will determine any or all of these matters if the parties cannot agree.
In very rare cases, the court can order sole parental responsibility to one parent. To do so, the court must determine that shared parental responsibility would be detrimental to the child.
In determining parental responsibility, the court will approve or devise its own Parenting Plan, which includes responsibility for the daily tasks of child-rearing, the time-sharing schedule, and decision-making authority relating to health care, school and related activities. The Plan also will specify any technology that will be used for parent-child communication. The parents may agree on a Parenting Plan and submit it to the court for approval, or the court will determine these issues. The statute includes a list of factors for the court to consider in making these decisions.
The courts use the best-interests-of-the-child standard when considering parental issues.
Some state law requires both parties to attend a parenting course before entering a final dissolution of marriage. Some courts require children of parents going through dissolution of marriage to attend a class specifically designed for them. Consult your county clerk’s office for information on courses offered.
DIVISION OF ASSETS AND DEBTS
One of the most difficult and complex areas of dissolution of marriage is the division of assets and debts. Assets may include cars, houses, retirement benefits (pensions and 401(k) plans), business interests, cash, stocks, bonds, bank accounts, personal property and other things of value. Debts (also called “liabilities”) include mortgages, car loans, credit card accounts and other amounts of money you and your spouse owe to third parties.
There are two types of assets and debts in Texas – nonmarital and marital. Generally, any asset or debt acquired during the marriage is considered marital and subject to distribution. The parties also may have assets or debts that are considered nonmarital and should be awarded to only one party.
Texas statutes and case law provide for an “equitable distribution” of marital assets and debts. Although the court must begin with the presumption that all marital assets and debts are to be divided equally (50 percent each) between the parties, the court may distribute the marital estate fairly or equitably (not necessarily equally) between the parties, regardless of how title is held. A court decides equitable distribution before considering alimony. Equitable distribution is based on a long list of factors the court is required to consider.
Factors to be considered by the court include the contribution of each spouse to the marriage; the duration of the marriage; and the economic circumstances of each spouse. The court should approve your agreement if the court finds it to be reasonable. If you and your spouse cannot agree, the court will divide the assets and debts during trial.
ALIMONY
After equitable distribution, the court may consider an alimony award. The court may grant alimony to either spouse. For the court to award alimony, the requesting spouse must demonstrate a need for alimony and the ability of the other party to pay. Once the requesting spouse has established a need and an ability to pay, the court must determine all relevant factors to determine the property type and amount of alimony to award.
For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 7 years, a moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years, and long-term marriage is a marriage having a duration of 17 years or greater. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.
Bridge-the-gap alimony may be awarded to help a spouse make a transition from being married to being single. Bridge-the-gap alimony is designed to assist a spouse with legitimate, identifiable short-term needs. There are limits as to the length and conditions of a bridge-the-gap alimony award.
Rehabilitative alimony may be awarded to assist a spouse in establishing the capacity for self-support through either the redevelopment of previous skills or credentials, or the acquisition of education, training or work experience necessary to develop appropriate employment skills or credentials. The court must articulate a specific rehabilitative plan to award alimony so both parties clearly understand the expectations placed on the alimony recipient.
Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a spouse with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis. There are limitations as to the length and modifiability of a durational alimony award.
Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a spouse who lacks the financial ability to meet the needs and necessities of life following a dissolution of marriage. There are limitations as to when a court may award permanent periodic alimony, particularly for marriages of short or moderate duration.
The factors the court considers when determining the type and amount of the alimony award include, but are not limited to:
The parties’ prior standard of living.
Length of the marriage.
Age and physical and emotional condition of both spouses.
Each spouse’s financial resources and income-producing capacity of the assets they receive.
The time necessary to acquire sufficient education or training to find appropriate employment.
The services rendered in homemaking, child-rearing, and the education and career-building of the other spouse.
The court may consider any other factor necessary to do equity and justice between the spouses.
You have the right to obtain information about your spouse’s income and assets through the use of discovery procedures. Discovery includes the exchange of documents and answers to written or oral questions.
TAX CONSIDERATIONS
There are important tax considerations in any dissolution of marriage, including the dependency deduction for children, taxability and deductibility of child support and alimony in their various forms, and effects of property transfers. Know the tax consequences of your settlement agreement before finalizing your dissolution of marriage. It may be too late after the signing of a marital settlement agreement or entry of a final judgment to correct mistakes that have been made. You may want to obtain the services of an accountant in conjunction with your attorney to become better informed about this part of the dissolution process.
CHILD SUPPORT
You and your spouse each have a responsibility to financially support your children in accordance with your income and their needs. Child support may be by direct payment or by indirect benefits, such as mortgage payments, insurance, or payment of medical and dental expenses. Ordinarily, the obligation to support your child ends when that child reaches age 18, marries, is emancipated, joins the armed forces or dies.
Some of the issues concerning child support that must be considered include:
The amount of support.
The method of payment.
Ways to ensure payments are made.
When child support may be increased or decreased.
Who claims the dependency deduction for tax purposes.
Other questions may need to be answered, depending on the circumstances of your case. Guidelines for the amount of support apply to all cases and are based on the income of the parents and the number of children, with adjustments for substantial overnight contact.
If you have a problem receiving support payments from your spouse or former spouse, or the time-sharing plan is not being followed, you should bring this matter to the attention of the court. It is not legal to withhold time-sharing or child-support payments because either parent fails to pay court-ordered child support or violates the time-sharing schedule in the parenting plan.
The time sharing plan is now part of the child support computation. Therefore, having the time sharing plan you want will greatly affect the amount of child support you pay or receive.
RESTORATION OF FORMER NAME
Texas law permits the court to restore the former name of a spouse in a Final Judgment of Dissolution of Marriage. A spouse who desires restoration of a name must request it, normally within the original petition or a counter-petition for dissolution of marriage. The court can restore the spouse only to the name from immediately prior to the marriage. A spouse who wishes to change a name to anything other than the prior name normally has to take additional steps.
ATTORNEYS’ FEES AND COSTS
The fees and costs for dissolution of marriage cases vary widely. The more complex and the more contested the issues, the more the dissolution will cost. At an initial meeting, your attorney may be able to provide an estimate of the total cost of a dissolution based on the information you provide; however, keep in mind that your attorney has no way to predict the future and that estimates are precisely that – estimates. The final cost of your dissolution of marriage will depend on many variables that are unpredictable.
Your attorney will expect you to pay a fee and the costs of litigation in accordance with the agreement you make. Sometimes the court will order your spouse to pay part or all of your fee and costs, but such awards are unpredictable and cannot be relied upon. You are primarily responsible for the payment of your legal fees.
In a dissolution of marriage, it is illegal for an attorney to work on a contingency fee basis (that is, where the attorney’s fee is based upon a percentage of the amount awarded to the client).
APPEALS
If you feel the judge’s decision was incorrect, you may appeal that decision, provided that certain procedural steps are followed. An appellate court does not, however, often reverse a trial judge’s decision, because the judge has broad discretion in dissolution of marriage cases. If the trial judge makes an error of law or there is an abuse of discretion, the appellate court may reverse the decision. The success of your appeal will be limited if your only reason for appeal is displeasure with the judge’s decision. You must decide quickly whether to appeal the final judgment, because an appeal must be filed within 30 days from the date that the order you are appealing is filed in the lower tribunal or court, or 30 days from the date that an order on a motion tolling the time to appeal is filed.
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