Lacroix & Hand

Understanding the Difference Between a Felony and a Misdemeanor

Thu, 06 Nov 2025 16:45:57 GMT

Navigating criminal law can feel daunting, especially when you encounter terms like "felony" and "misdemeanor" that carry serious implications. At Hand Law, P.C., providing services in Grand Junction, CO, we believe that understanding these distinctions is critical for anyone facing charges or seeking guidance about their rights under criminal law. Whether you’re hoping to safeguard your future or better grasp legal terminology, having clarity on the differences and consequences of felonies versus misdemeanors can lead to informed decisions, especially with the help of an experienced criminal law attorney.

How Criminal Law Categorizes Offenses

Every state sorts criminal offenses into three main categories: infractions, misdemeanors, and felonies. This system exists to calibrate the response of law enforcement and the judicial process depending on the severity of an act. Infractions are the least serious, often involving minor violations like speeding or failure to follow local ordinances. While infractions result in a fine or warning, they rarely lead to jail time or a lasting criminal record.

Misdemeanors, however, represent a step up in seriousness. Typical examples include first-time DUI, petty theft, simple assault, and disorderly conduct. These offenses may result in county jail sentences, probation, or community service. Felonies are reserved for major violations such as aggravated assault, robbery, serious drug offenses, and homicide. The consequences are steeper, often exceeding one year in state prison and including penalties that can follow you for life.

Defining Felony, Misdemeanor, and Infraction

A felony is the most severe class of criminal offense. In Colorado, felonies include crimes like armed robbery, large-scale drug trafficking, and murder. These charges carry significant prison time and heavy fines. As seasoned criminal law attorneys, we see the ripple effects of felony charges: not only longer sentences but also restrictions on voting, holding public office, and even civil rights. Criminal law in Colorado treats felonies as life-altering events, emphasizing the importance of skilled legal representation.

Misdemeanors , by contrast, cover crimes that are serious but come with lighter penalties. Shoplifting small items, vandalism, third-degree assault, or possession of marijuana under the legal limit are all misdemeanors. They might trigger jail time—usually less than 18 months, probation, and fines, but they won’t lead to the complete loss of most rights.

Infractions , such as jaywalking or minor traffic offenses, need only a fine, with no jail time or criminal record consequences. In our daily work operating in the Grand Junction, CO area, we encounter cases ranging from traffic infractions to felony allegations, highlighting the full spectrum of criminal charges. For more specifics on the kinds of cases we handle under Colorado criminal law, visit our Criminal Defense Attorney page.

The Real-World Impact of Penalties, Records, and Rights

Penalties are one of the most critical differences between a felony and misdemeanor. Felony convictions can result in lengthy imprisonment and loss of civil rights, such as voting and firearm ownership, and can permanently alter your life’s path. Employment options dwindle, and access to professional licenses or public benefits often disappears. Felony records are also much harder to seal or expunge and tend to follow individuals long after their sentence is complete.

Misdemeanor convictions, though less damaging, can still pose serious obstacles. These might involve jail time, but more often mean probation, fines, or required classes. Unlike felonies, misdemeanors do not usually strip away fundamental rights. Additionally, records for many misdemeanors can be sealed or expunged more easily, allowing individuals a fresh start and fewer hurdles in employment and housing.

Infractions, being the lowest level of offense, do not result in jail time or impact your civil rights. Most infractions can be handled efficiently and without long-term consequences.

Why These Distinctions Matter in Your Defense Strategy

When you are accused of a crime, whether it’s a misdemeanor or a felony, the path your defense will take is heavily influenced by this classification. If you are facing felony charges, our approach as criminal law attorneys is highly strategic and often involves negotiations or rigorous trial preparations. Felony cases require deep investigation, motions to suppress evidence, and sometimes complex plea bargains to reduce the charges.

With misdemeanors, options for diversion, plea deals, and alternative sentencing are more readily available. Our goal in every case is to minimize impact and, when possible, achieve dismissal or sealing of records to protect your future. The defense strategy in criminal proceedings must fit the seriousness of the allegations and anticipate how a conviction will shape your life afterward. The difference between a felony and a misdemeanor isn’t just about immediate penalties but also the long-term consequences of a criminal record and loss of rights.

Understanding these distinctions within criminal law gives you and your attorney a strategic advantage and can ultimately impact the outcome of your case in Colorado.

Life After a Conviction

After a case closes, the distinction between offense levels continues to matter. Felony convictions can make finding employment difficult, restrict professional opportunities, and limit where you are able to live or travel. Misdemeanors, although easier to overcome, may still appear in background checks and create obstacles for certain jobs or housing applications.

Our commitment as criminal law attorneys is to help our clients not only through the legal process but also to understand the implications for life after a case. Options like probation, expungement, or record sealing are avenues we often pursue for individuals with misdemeanor convictions, enabling them to rebuild with fewer limitations. Having proper guidance under criminal law can influence your ability to move on after a conviction and reintegrate into society.

Don’t Face Criminal Charges Alone, Call Hand Law, P.C.

If you or someone close to you is confronting criminal charges in Grand Junction or across Colorado, knowing the difference between felonies and misdemeanors is vital for protecting your future and rights. At Hand Law, P.C., we are dedicated to providing knowledgeable, compassionate defense for every client, whether facing a misdemeanor, felony, or infraction. Our team understands the intricacies of Colorado criminal law and will work with you to develop an effective strategy.

Reach out to us today at 970-245-4601 or through our contact page to get the support and legal counsel you need. Let our experienced criminal law attorneys help you navigate your case and secure your best possible outcome.

What to Expect from Your First Consultation With a Criminal Law Attorney

Thu, 28 Aug 2025 18:35:49 GMT

When facing a legal issue, it’s crucial to understand what to expect from your initial meeting with a criminal law attorney. At Hand Law, P.C., our experienced team is here to provide you with expert guidance and support throughout your case. As a trusted criminal law attorney in Grand Junction, CO , we want to make sure you’re well-prepared and comfortable during your first meeting.

Gathering Necessary Documents

One of the first things you should do when preparing for your meeting is gathering all essential documents related to your case. These may include:

Police Reports
Evidence (photos, videos, etc.)
Bail Papers
Previous Court Documents

Having these documents ready will help your criminal law attorney better understand the specifics of your situation. It allows for a more efficient and productive meeting, ensuring no details are overlooked.

Understanding Case Details

The more information you can provide your criminal law attorney, the better. Be prepared to share the timeline of events, any witnesses, and personal accounts of what happened. This detailed information will help build a strong foundation for your defense strategy. Your attorney will use this information to identify any potential weaknesses or strengths in your case.

Important Questions to Prepare

To make the most of your initial consultation, prepare a list of questions to ask your criminal law attorney. These may include:

What is your experience with cases like mine?
What potential outcomes can I expect?
How long do you think my case will take to resolve?
What is your fee structure?

By asking these questions, you’ll gain insights into the attorney’s expertise and get a clearer picture of what lies ahead. Remember, a good criminal law attorney will welcome your questions and provide thorough answers.

Understanding Attorney Fees

Discussing the fee structure is an essential part of your consultation. Make sure you understand how the attorney charges for their services. Some criminal law attorneys may charge a flat fee, hourly rate, or a retainer. Knowing this information upfront will help you plan financially for your legal defense.

Overview of the Case

During your first meeting, your criminal law attorney will offer an overview of the case based on the information you’ve provided. This helps establish a foundation for understanding the legal processes involved. Your attorney will:

Explain legal terminology in layman’s terms
Discuss the charges you’re facing
Clarify the next steps in the legal process

This initial overview is crucial for setting realistic expectations and preparing you for the journey ahead.

Legal Strategy Discussion

Your criminal law attorney will discuss possible defense strategies during your meeting. Each case is unique, and your attorney will tailor the approach based on the specifics of your situation. This might include challenging evidence, negotiating plea deals, or preparing for trial. Understanding these strategies will give you confidence in the attorney’s ability to handle your case effectively.

Guiding You Through Each Phase

A proficient criminal law attorney takes the time to guide you through each phase of your case. This includes:

Filing motions
Plea bargaining
Trial preparation

Understanding these steps will help you feel more confident and less anxious about the process. A criminal law attorney will ensure you’re informed and supported every step of the way.

Advice on Court Behavior

Your criminal law attorney will also provide advice on how to conduct yourself in court. This includes:

Dressing appropriately
Speaking clearly and respectfully
Following court protocols

Proper court behavior can significantly impact the outcome of your case. Trust your attorney’s expertise to help you navigate these aspects smoothly.

Importance of Confidentiality

During your meeting, it’s essential to understand the confidentiality of discussions. Everything you share with your criminal law attorney is protected by attorney-client privilege. This means your attorney cannot disclose any information without your consent. It’s crucial for building trust and ensuring open communication.

Building Trust

Building a trusting relationship with your criminal law attorney is vital. Trust enables better collaboration and effective communication. The more honest and open you are, the more accurately your attorney can represent your interests.

Expectations for Follow-Up Meetings

Understand that your first meeting is just the beginning. Subsequent meetings will be necessary to develop your case further. Your criminal law attorney will likely schedule follow-up meetings to review evidence, prepare for court, and discuss ongoing strategies. These meetings ensure continuous progress and adaptability in your defense plan.

Psychological Preparation

Facing criminal charges can be emotionally taxing. Your criminal law attorney may provide advice on managing stress and staying focused. Introducing coping mechanisms and setting expectations will help you stay mentally prepared throughout the legal process.

Ready to Move Forward With Hand Law, P.C.?

At Hand Law, P.C., in Grand Junction, CO, we are dedicated to offering comprehensive legal support to our clients. Whether you’re facing minor charges or serious allegations, our experienced criminal law attorney team is here to help.

If you’re ready to take the next step, contact us to schedule your first meeting with our expert criminal law attorney. Your initial consultation can make all the difference in setting the tone for your case.

5 Tips to Find the Best Criminal Law in Grand Junction, CO

Mon, 09 Jun 2025 19:45:09 GMT

When you're facing a legal battle, especially one involving criminal law in Grand Junction, CO , the attorney you choose can make all the difference. Whether it’s a DUI, drug charge, assault, or another criminal matter, navigating the complexities of the legal system can be overwhelming. Fortunately, Grand Junction offers excellent legal resources if you know where to look. Below are five essential tips to help you find the right criminal defense attorney for your case.

5 Tips to Find the Best Criminal Law in Grand Junction, CO:

1. Research Local Experience and Reputation

The most effective criminal defense attorneys are those with a deep understanding of both state and local laws. Look for a lawyer with extensive experience practicing criminal law in Grand Junction, CO, specifically. An attorney who is familiar with local judges, prosecutors, and court procedures will have a strategic advantage. For example, Hand Law, P.C. , has been defending clients in the Grand Junction area for years, earning a trusted reputation for aggressive representation and strong client advocacy.

2. Read Client Testimonials and Reviews

Word-of-mouth and online reviews offer valuable insight into how an attorney treats their clients and handles cases. Look for patterns in reviews: Is the lawyer responsive? Do they explain things clearly? Were they successful in court? Choosing someone you feel confident in can reduce your stress during an already challenging time.

3. Schedule a Consultation to Ask Key Questions

A consultation allows you to evaluate how an attorney will handle your case. Ask about their experience with cases like yours, success rate, and defense strategies. This is also a chance to assess their communication style. A good attorney should not only be knowledgeable but also approachable and attentive. Many reputable firms in Grand Junction offer free initial consultations, so take advantage of that opportunity.

4. Evaluate Transparency and Legal Fees

Understanding how a lawyer charges for their services is crucial. Criminal defense can be costly, and you don’t want to be surprised by hidden fees. Be wary of attorneys who are vague about costs or promise specific outcomes; ethical attorneys offer transparency and realistic expectations. Firms like Hand Law, P.C., are known for providing clear fee structures and upfront communication.

5. Choose Someone You Trust

Above all, trust your instincts. Your criminal defense attorney will be your strongest advocate during a highly personal and stressful time. You need someone you can confide in and who will fight tirelessly on your behalf. A good working relationship can often influence the outcome of your case more than anything else.

If you're currently facing charges and need Professional guidance in criminal law in Grand Junction, CO, don’t wait to secure the representation you deserve. Contact today to schedule your consultation and get the strong defense your case requires.

A Guide to Parental Custody in Grand Junction, CO

Sat, 15 Mar 2025 03:58:40 GMT

Navigating parental custody in Grand Junction, CO, can feel overwhelming, especially during an emotionally charged situation. Understanding your rights and legal options is crucial to achieving the best possible outcome for your child. Courts in Colorado prioritize the child’s best interests when determining custody arrangements, considering factors such as parental involvement, stability, and the child’s preference.

Understanding Parental Custody

Parental custody in Grand Junction, CO, is divided into two main categories:

Legal Custody: Determines who makes significant decisions regarding the child's upbringing, including education, healthcare, and religious practices.
Physical Custody: Defines where the child resides and which parent provides daily care.
Joint vs. Sole Custody : Courts often favor joint custody, but sole custody may be granted if one parent is deemed unfit.

Key Factors in Determining Parental Custody in Grand Junction, CO

When making custody decisions, Colorado courts evaluate several factors, including:

The child’s relationship with each parent
Each parent’s ability to provide a stable, supportive environment
Any history of domestic violence or substance abuse
The child's wishes if they are mature enough to express them

How to Strengthen Your Custody Case

If you are involved in a custody case, taking the following steps can help protect your parental rights:

Prioritize Your Child’s Well-Being – Courts favor parents who demonstrate commitment to their child’s emotional and physical well-being.
Stay Actively Involved – Being present in your child’s life through school activities, healthcare decisions, and quality time can positively impact your case.
Keep Detailed Records – Documenting communication, visitations, and expenses related to your child can serve as valuable evidence in court.
Follow Court Orders – Adhering to temporary custody arrangements and demonstrating responsibility strengthens your case.
Seek Legal Guidance – Consulting a family law attorney can help you navigate the complexities of parental custody in Grand Junction, CO.

Legal Considerations for Parental Custody Cases

Colorado follows the principle that both parents should play an active role in their child’s life unless there are circumstances preventing this. When making custody determinations, the court aims to establish a plan that ensures the child’s best interests, stability, and continued parental involvement. Understanding how courts handle modifications, parental relocation, and decision-making responsibilities can provide clarity in these legal proceedings.

Navigating Custody Challenges With Confidence

Parental custody in Grand Junction, CO, can be a complex and emotional process, but being informed about your rights and responsibilities can help you approach the situation with confidence. Whether negotiating custody agreements, attending mediation, or preparing for court, taking proactive steps can lead to a positive outcome for both you and your child.

If you need legal guidance, call Hand Law, P.C. at (970) 245-4601 or contact us online to schedule a consultation.

Hiring a Local Divorce Lawyer in Grand Junction, CO

Thu, 27 Feb 2025 03:29:27 GMT

Divorce is complicated. Why hire local? A divorce lawyer in Grand Junction, CO understands more than the law—they understand your community, local courts, and how Colorado's specific divorce regulations can affect your case. Whether it’s dividing assets, handling custody battles, or navigating spousal support, hiring a local attorney means personalized guidance and better representation.

Why Expertise from a Divorce Lawyer in Grand Junction, CO Matters

Navigating Colorado’s divorce laws without expert help is overwhelming. A local Divorce Lawyer in Grand Junction, CO can bring in-depth knowledge of the rules and precedents specific to the region. They’re also familiar with the preferences of local judges, which can influence how they present your case. These subtle advantages often lead to better outcomes for clients.

Additionally, working with a local attorney means convenience. Need to drop off paperwork or schedule a quick meeting? It’s far easier to coordinate when your lawyer’s office is nearby.

Protect Your Rights and Secure a Fair Settlement with a Divorce Lawyer in Grand Junction,

Divorce can feel like a whirlwind of legal jargon and tough decisions. A qualified divorce lawyer in Grand Junction, CO ensures that your rights are protected at every step. From understanding how property is divided to fighting for fair custody arrangements, their expertise prevents costly mistakes.

Local attorneys also excel at negotiations, whether settling out of court or preparing for trial. Their familiarity with Colorado's guidelines ensures that you receive what you’re entitled to, avoiding delays and complications .

Contact Hand Law, P.C. for Expert Legal Assistance

When going through a divorce, every decision matters. By hiring Hand Law, P.C., you’ll get the personalized attention and legal expertise needed to navigate this challenging time. Contact our experienced divorce lawyer in Grand Junction, CO today to protect your future.

Ready to Move Forward? Let’s Talk

If you're in Cincinnati, OH, and need trusted legal advice in Grand Junction, CO, Hand Law, P.C. is here to help. Call (970) 245-4601 to schedule your consultation and take the first step toward resolution today!

Step-by-Step Guide to Hiring a Divorce Lawyer in Grand Junction, CO

Navigating the complexities of divorce can be overwhelming, but having the right divorce lawyer in Grand Junction, CO, by your side makes all the difference. Here’s a clear step-by-step guide to help you find the best divorce attorney who will effectively represent your interests:

Step 1: Assess Your Needs:

Begin by identifying the specifics of your case, whether it involves child custody, asset division, or spousal support. Knowing your priorities helps you find a lawyer with relevant experience.

Step 2: Research and Gather Candidates:

Look for reputable divorce attorneys in Grand Junction, CO, through referrals, online reviews, and local directories. Focus on law firms like Hand Law, P.C., known for their dedicated approach and proven success in family law.

Step 3: Schedule Consultations:

Meet with a few potential attorneys to discuss your case, their strategies, and fees. A consultation with a lawyer offers valuable insight into how they will assist you.

Step 4: Evaluate Communication and Compatibility:

Choose a divorce attorney who listens carefully and communicates clearly. Your comfort level and trust in your attorney are crucial for a positive outcome.

Step 5: Review Fee Structures:

Understand the billing process and ensure it aligns with your budget. Transparent and fair fees are a hallmark of reliable lawyers.

Step 6: Make Your Decision:

Select the lawyer who best matches your needs, experience requirements, and personal rapport. Partnering with the right attorney means you’ll have an advocate who stands firmly by your side during this challenging time.

Tips and Tricks for Working With a Divorce Attorney

Choosing the right lawyer is just the beginning. To get the most out of your attorney-client relationship and ease the stress of divorce, here are some valuable tips and tricks:

Be Honest and Transparent : Share all the details of your situation openly with your divorce attorney in Grand Junction, CO. Full transparency helps them develop the strongest strategy tailored to your case.

Stay Organized : Keep all your documents, correspondence, and financial records neatly organized. This saves time and allows your divorce lawyer to work more efficiently on your behalf.

Keep Emotions in Check : Divorce can be emotionally charged, but try to focus on the facts and objectives when working with your attorney. This will help your lawyer represent you more effectively.

Communicate Proactively : Don’t wait for your divorce attorney to reach out; keep them updated about any new developments or concerns. Prompt communication can prevent misunderstandings and delays.

Be Realistic About Outcomes : A skilled divorce lawyer will work hard for your best interests, but it’s important to understand the legal limitations and possibilities of your case.

With these tips and tricks, you’ll empower your lawyer to manage your case efficiently and confidently. At Hand Law, P.C., we’re dedicated to providing personalized guidance designed to help you navigate divorce with greater peace of mind. Reach out today and take control of your future.

Skilled Criminal Defense Attorneys in Grand Junction, CO: Protecting Your Rights with Expertise and Dedication

Tue, 25 Feb 2025 14:33:02 GMT

Facing criminal charges can be an incredibly stressful and overwhelming experience. If you're in Grand Junction, CO, it's crucial to have a skilled criminal law attorney by your side who understands the complexities of the legal system and is dedicated to protecting your rights. At Hand Law, P.C., we offer expert legal defense services designed to provide the best possible outcome for your case.

Why You Need a Criminal Law Attorney in Grand Junction, CO

Navigating the criminal justice system without the guidance of an experienced criminal law attorney in Grand Junction, CO can lead to unfavorable results. From misdemeanors to more serious felonies, every case presents its own unique challenges. At Hand Law, P.C., we are committed to providing comprehensive legal defense for those facing criminal charges in the area.

Whether you’re up against accusations of theft, drug offenses, DUI, or violent crimes, having a knowledgeable attorney can make all the difference. Our goal is to ensure that your rights are fully protected and to explore every possible avenue for a favorable outcome in your case.

What Sets Hand Law, P.C. Apart?

At Hand Law, P.C., we take pride in offering personalized legal representation. Unlike large, impersonal law firms, we treat every case as unique, giving our clients the attention and support they deserve. We understand that criminal charges can be life-changing, and we focus on providing clear, honest, and effective legal counsel throughout the entire process.

Our team of experienced criminal law attorneys in Grand Junction, CO, is equipped to handle a variety of criminal defense cases. Whether negotiating with prosecutors or defending your case in court, we work tirelessly to help you achieve the best result.

How We Protect Your Rights

Your rights are at the forefront of everything we do. At Hand Law, P.C., we understand that the stakes are high, and we are committed to defending you aggressively. Our attorneys will thoroughly investigate your case, review all evidence, and explore every possible defense to ensure that you are treated fairly.

Criminal charges can carry significant consequences, from fines to imprisonment, and having an experienced attorney on your side can significantly reduce the risk of severe penalties. With our team’s experience in criminal law, we are able to provide you with the best possible defense strategy tailored to your case.

The Importance of Choosing an Experienced Criminal Defense Attorney

Experience matters in criminal defense. An experienced criminal law attorney in Grand Junction, CO, knows the local legal landscape, understands the prosecutors’ tactics, and can help you navigate the often-complex criminal justice system. At Hand Law, P.C., our team has years of experience fighting for the rights of individuals facing criminal charges, and we have the track record to prove it.

Get the Legal Help You Need Today

If you’re facing criminal charges in Grand Junction, CO, don’t wait to seek help. The sooner you have a criminal law attorney working on your case, the better the chance of achieving a favorable outcome.

At Hand Law, P.C., we’re here to provide you with expert legal defense and the guidance you need during this challenging time.

To learn more about our services or to schedule a consultation, visit our website at Hand Law, P.C. or check out our criminal defense services .

Facing Criminal Charges in Grand Junction, CO?

Contact Hand Law, P.C. Today for Expert Legal Defense!

For more information on criminal law and defense practices, you can also explore the American Bar Association’s website as a valuable resource.

When Your Spouse Refuses To Pay Child Support

Fri, 23 Feb 2024 01:16:23 GMT

Navigating the complexities of child support can be challenging under the best of circumstances, and when the other parent refuses to pay, it not only adds emotional strain but financial hardship as well. Understanding your rights and the legal recourse available is crucial. Here's a step-by-step guide to help you negotiate this challenging terrain and secure the support your child deserves.

Understand the Legal Framework

First and foremost, you should familiarize yourself with the legal framework governing child support in your jurisdiction. Each state or country has its own set of rules, guidelines, and laws detailing how child support is determined and enforced. These may include calculations based on income, custody arrangements, and the child's needs. Knowing your rights and the rights of your child is critical to pursuing the support owed to you.

Open a Dialog

Communication is key, even when dealing with a difficult situation like child support. Begin by opening a dialog with the other parent to address the lack of payment. This can be done through informal conversation, mediation, or with the assistance of a legal professional. It's important to remain calm and focused on the well-being of your child, as emotions can run high in these discussions. Document all communication attempts for later use, if necessary.

Gather Evidence

In legal matters, evidence is paramount. Begin gathering documentation that supports your claim for child support. This may include financial records, such as bank statements, pay stubs, tax returns, and evidence of employment. Additionally, keep records of any extraordinary expenses related to your child, as they may be necessary to demonstrate the financial support required.

Obtain Legal Assistance

If your attempts at communication or mediation fail, it's time to seek legal assistance. A family law attorney specializing in child support can review your case, provide advice, and represent you in court if needed. Legal professionals have the expertise to navigate the legal system and ensure that your case is presented effectively.

File a Motion for Child Support

With the guidance of your attorney, file a motion for child support with the court. This legal document formally requests the court order the other parent pay child support. It will detail the extraordinary financial needs of your child, the income of both parents and any special circumstances that are relevant to the case.

Enforce the Child Support Order

If the court rules in your favor and issues a child support order, be prepared to enforce it. Enforcing child support can take many forms, such as income assignments, intercepting tax refunds, or placing liens on property. Your attorney can advise you on the most appropriate methods for your situation and ensure that the court's order is followed.

Explore Other Recourse

In some cases, private collection agencies or the local child support enforcement office can help you collect past-due child support. Remember that child support is a legal obligation, and your ex-spouse is required to pay. It's important to remain persistent and not give up the pursuit of the support your child is entitled to.

Document Everything

Throughout the process, keep detailed records of all actions taken, court proceedings, and child support payments or the lack thereof. This record-keeping is crucial for presenting your case effectively and documenting the financial support your child needs.

Look Into Modification

Circumstances can change, and if the other parent's financial situation changes significantly, you may need to seek a modification to the child support order. An attorney can help you navigate this process to ensure that your child's support reflects the current situation.

In conclusion, when the other parent refuses to pay child support, it's vital to understand the legal procedures and rights available to you. Go through each step methodically and with professional guidance, always keeping the best interests of your child at heart. Child support is a right, not a favor, and it's your responsibility to advocate for your child's well-being. Stay informed, stay focused, and stay strong. Contact Hand Law, P.C. for legal help.

Some Factors That Affect Parenting Time Decisions

Thu, 04 Jan 2024 20:49:36 GMT

Parenting time cases decisions are complex and multifaceted. Numerous factors influence the court's determination of what arrangement is in the best interest of the child. The following factors play a crucial role in shaping these decisions.

Domestic Violence and Abuse

Courts prioritize the safety and well-being of the child, and any history of physical, emotional, or psychological abuse can significantly impact parenting time decisions. In cases where abuse is substantiated, the court may limit or deny parenting time to the abusive parent to ensure the child's safety.

Majority Caregiver

The primary caregiver, or the parent who has historically been more involved in the child's daily life and care, often holds an advantageous position in parenting time proceedings. Courts recognize the importance of maintaining stability and continuity in a child's life and consider the historical involvement of both parties.

Stability of the Home

Consistency and stability are crucial for a child's well-being. The court examines the stability of each parent's home environment, considering factors such as the parent's employment history, residence stability, and any evidence of frequent relocations. A stable home provides a secure foundation for a child's emotional and psychological development.

Other People in the Home

The dynamics within the parent's household play a crucial role in parenting time decisions. The court evaluates the relationships between the child and other individuals in the home, including stepsiblings, grandparents, or new partners. It assesses the impact of these relationships on the child's overall well-being and whether they contribute positively to the child's upbringing. This ensures the child is surrounded by a supportive and healthy family environment.

Wishes of the Children

Depending on the age and maturity of the child, the court may consider the child's preferences. The weight given to a child's wishes varies, with older and more mature children often having a greater say. The court aims to balance the child's desires with their best interests, recognizing that children may not always fully comprehend the implications of their preferences.

The Willingness of Parents To Work With Each Other

The court will favor parents who can co-parent for the child's sake. This involves effective communication, shared responsibilities, and a commitment to fostering a positive relationship between the child and the noncustodial parent. A demonstrated ability to co-parent positively influences the court's perception of a parent's capacity to contribute to the child's well-being.

History of Substance Abuse

Substance abuse can impair a parent's ability to provide a safe and nurturing environment for the child and affect the parenting time scheduled ordered by the court.

Mental and Physical Health of the Parents

Courts consider conditions or illnesses that may impact a parent's capacity to provide care and stability when considering a parenting time schedule for the child.

The Impact of an Adjustment

The court evaluates the impact of parenting arrangements on the child's daily life and routine. Minimizing disruptions and ensuring a smooth transition is a priority. Suppose one parent's proposed parenting plan requires a significant adjustment for the child, such as changing schools or leaving a familiar community. In that case, the court may scrutinize the feasibility and potential impact on the child's well-being.

Parenting time decisions are intricate legal matters requiring a comprehensive examination of various factors. The best strategy is to contact Hand Law, P.C. , for help with your parenting time case. Get in touch today.

Navigating The Legal Landscape Of Adoption

Thu, 30 Nov 2023 22:35:23 GMT

In any adoption process, whether it's kinship, step-parent, or any other type of adoption, the legal dimension plays a pivotal role in ensuring the best interests of the child and the prospective adoptive parents. Here's what you need to know about how crucial hiring an attorney is in adoption cases and the unique aspects of kinship and step-parent adoptions.

Understanding Adoption

It's essential to understand the different types of adoptions, including,

Kinship. This type of adoption involves a child being adopted by a close family member, usually a sibling or grandparent.
Step-parent. These adoptions occur when a stepparent seeks to adopt their spouse's child.
Open. Open adoptions involve ongoing contact and communication between the birth parents, adoptive parents, and the adopted child, allowing for a transparent and continuing relationship.
Closed. Unlike open adoptions, closed adoptions are characterized by the complete absence of contact or information exchange between the birth parents, adoptive parents, and the adopted child, ensuring privacy and confidentiality.

All of these adoption types come with their own set of legal complexities and nuances, making the guidance of an attorney indispensable.

The Legal Process of Adoption

Adoption is a complex and highly regulated legal process that varies from state to state. It involves a series of steps, including documentation, background checks, and court proceedings, all aimed at ensuring that the adoption is in the best interests of the child. Navigating this process can be challenging without expert legal guidance, as potential pitfalls and complications can arise.

The Role of Attorneys in Adoption Cases

Attorneys bring a wealth of legal expertise and experience to adoption cases. Their role goes beyond just handling paperwork. They advocate for the child's best interests, ensuring their rights and well-being are protected throughout the process. Attorneys play a crucial part in navigating the complex legal procedures associated with adoption, mitigating potential issues, and ensuring compliance with both state and federal laws.

Kinship Adoptions

Kinship adoptions are unique in that they involve a child being adopted by a family member, such as a grandparent, aunt, or uncle. The legal considerations in kinship adoptions can be different from those in non-relative adoptions, as they often require dealing with issues related to existing family dynamics. Attorneys specializing in adoption cases understand these nuances and can provide the necessary guidance.

Step-Parent Adoptions

Step-parent adoptions occur when a child's biological parent marries a new spouse who wishes to adopt the child. These adoptions also involve complex family dynamics and potential conflicts. An attorney experienced in step-parent adoptions can help navigate these challenges and ensure a smooth legal process that safeguards the child's best interests.

Legal Challenges in Adoption Cases

Several legal challenges can arise during adoption cases, such as obtaining consent for adoption, terminating parental rights, conducting home studies, and dealing with the complexities of interstate or international adoptions. Attorneys are well-equipped to address these challenges, ensuring that all legal requirements are met and that the adoption proceeds without unnecessary delays or complications.

Selecting the Right Attorney

When it comes to hiring an attorney for an adoption case, it's crucial to consider factors such as their qualifications, experience in adoption law, and compatibility with your needs and communication style. The right attorney can make a significant difference in the success and ease of your adoption process.

Hiring the right attorney in adoption cases is of paramount importance. Attorneys bring not only legal expertise but also a dedication to advocating for the best interests of the child and prospective parents. As adoption is a life-altering event with far-reaching consequences, it is imperative to ensure that the legal aspect is handled professionally and responsibly, making the role of an attorney in adoption cases truly indispensable. At Hand Law, P.C. we have the experience and expertise for your adoption case . Call us today to find out how we can help.

Drug Distribution Charges: Why Hiring An Attorney Is Essential

Wed, 18 Oct 2023 21:08:30 GMT

Being charged with drug distribution is a serious legal matter that can have far-reaching consequences. Whether you are accused of selling or trafficking illegal substances, the potential penalties are severe, including substantial fines and a long prison sentence. In such challenging a situation, hiring an experienced attorney is necessary if you want the chance of a lighter sentence. This article explains the usefulness of an attorney when facing drug distribution charges.

Understanding Your Charges

Drug distribution charges involve the sale, delivery, or transportation of controlled substances. These substances can include narcotics, prescription medications, or illicit drugs like cocaine, heroin, and methamphetamine. The severity of the charges often depends on various factors, including the type and quantity of drugs involved, your prior criminal record, and the circumstances of your arrest. Convictions for drug distribution can lead to hefty fines, imprisonment, and a permanent criminal record.

An attorney can help you understand the exact nature of the crime you were charged with.

Receiving Expert Guidance

The legal process can be complex and overwhelming, especially for individuals facing drug distribution charges for the first time. An attorney can provide guidance at every stage of the legal process to give you peace of mind. For example, he or she will assist with everything from arraignment to trial, to ensure you understand your rights, options, and the potential consequences.

Protecting Your Legal Rights

Drug distribution cases often involve searches, seizures, and arrests by law enforcement officers. Ensure that your constitutional rights are not violated during such procedures. An attorney can assess whether law enforcement followed proper procedures, as well as whether any evidence was obtained unlawfully. If your rights were violated, your attorney can file motions to suppress evidence, potentially weakening the prosecution's case.

Negotiating a Fair Plea Deal

In some instances, it may be in your best interest to negotiate a plea deal with the prosecuting attorney. An experienced attorney can assess the strength of the evidence against you and work to secure a favorable plea agreement that minimizes the potential consequences. He or she can also advise you on the potential risks and benefits of accepting or rejecting a plea offer.

Building a Strong Defense

A skilled attorney will carefully examine the details of your case to identify any weaknesses in the prosecution's evidence. He or she can gather evidence, interview witnesses, and explore possible defenses such as mistaken identity, lack of intent, or entrapment. Building a strong defense is essential to increasing your chance of a favorable outcome in court.

Reducing Penalties

In the event of a conviction, an attorney can advocate on your behalf to minimize the penalties you may face. This may involve arguing for a reduced sentence, alternative sentencing options such as probation, or drug treatment programs. An attorney might also explore the possibility of expunging your criminal record in the future.

Feeling Confident

Having an attorney by your side in court is invaluable. He or she can present your case persuasively, cross-examine witnesses, and argue legal points on your behalf. The courtroom presence of an attorney can make a significant difference in the outcome of your case. You can have more confidence that the outcome will be in your favor.

Enjoying Emotional Support

Facing drug distribution charges can be emotionally draining and stressful. An attorney will not only provide legal counsel but also emotional support during this challenging time. He or she can help you stay focused and make informed decisions throughout the legal process.

Remember that the consequences of a drug distribution conviction are severe, and having the right legal representation is important. We can help you fight your drug distribution charges from start to finish. Get in touch so we can discuss your case and get to work.

Defamation and Divorce: What You Need to Know

Mon, 17 Apr 2023 19:26:23 GMT

Emotions fly high when couples divorce. In many cases, one person may say something negative about the other in a moment of anger. However, you have to be careful not to defame your former spouse. It’s one thing to be hurtful but something else when your comments become defamatory. The following are some things to keep in mind when speaking about your former spouse.

What Constitutes Defamation?

When the marriage is over and the divorce process moves forward, one or both of you might say or write something bad about the other. In some cases, what you say could cost your former spouse his or her reputation. Whether the statement is true or not, you could cause major harm for your former spouse professionally or personally.

Examples of defamation include writing something negative about your former spouse on social media, speaking to someone he or she works with that could get back to his or her superiors, or a statement in either format that can damage a reputation, impacting the outcome of your divorce settlement.

Defamation also happens if your statements cause your former spouse to have legal issues. If your former spouse is in the political sphere or has plans to enter public service, defamatory comments can be particularly harmful once the information goes public in newspapers or online. If this happens and your former spouse can prove the statements are false, you can face a civil lawsuit.

How Do You Know a Statement Is Defamatory?

There are some general guidelines when determining if a statement is defamatory. First, is the statement false? A statement is only defamatory if the communication is untrue. The same goes if the statement is your opinion. You have a right to have an opinion about your former spouse, but you must be careful if you intend to communicate it to others.

Additionally, a statement is defamatory if the false statement is communicated to a third party. The only requirement for this is if at least one other person heard or read your comment.

What Happens During a Defamation Lawsuit?

If your former spouse believes your statements are defamatory, he or she can work with an attorney to sue you in addition to your divorce. Your former spouse provides proof of all your correspondence as a first step. To be considered true, the judge needs to decide whether or not the information is viewed as a verifiable fact.

During the process, the attorney will argue that your verified statements caused either economic or noneconomic damages. The judge can tie the defamation to your divorce by allocating liabilities and assets based on your behavior.

One thing to keep in mind is whether or not the information is privileged. If the statements are subject to marital privilege, your former spouse may not be able to sue you for defamation. Privilege provides both spouses immunity in civil suits. This is typically the case during divorce.

For instance, if you are speaking under oath in court about your spouse, you have privilege, which provides you with immunity if your former spouse sues you for defamation.

Who Must Prove Defamation Occurred?

If your former spouse claims you made a defamatory comment, it’s your responsibility to prove the comments were true and not defamatory. You have to provide proof the statement is true and not an opinion or untruth.

This communication is not intended to be legal advice, and is informational only. We know dealing with your former spouse during a divorce can be difficult. If you have any questions about divorce or other family law matters, please contact us at Hand Law, P.C. We look forward to helping you through this complex time in your life.

4 Legal Grounds to Contest a Will

Wed, 15 Mar 2023 18:55:24 GMT

A will guides estate division among beneficiaries. It is important to draft the document early to help prevent conflict between dependents when you pass on. A valid will must meet specific legal requirements.

State probate law protects the right to challenge a will's validity. A lawyer must examine a client's case before notifying a will executor and challenging the document in court. This process ensures adequate evidence is available to contest a will's validity. This post highlights some of the grounds to contest the validity of a will.

1. Undue Influence

A will is generally valid if prepared under free will. Actions that pressure and manipulate an estate owner can invalidate the document. Typically, undue influence arises when interested parties misuse their powers and trust to control an estate owner. Consequently, an estate owner adds provisions to their will they might not have otherwise included, which serve to benefit the individual(s) exerting control.

Proof of coercion in a will contest has a high threshold. Insufficient evidence of coercion can nullify a claim, hurt a suit, and sour relationships with family. Evidence of undue profit, confidential relationships with the will's creator, and active participation in formation of the will add weight to coercion claims.

2. Mental Incapacity

Mental incapacity is the inability to comprehend one's actions during will preparation. For instance, a creator of a will who is of unsound mind is prone to manipulation by interested parties. The probate court can invalidate a will if a contestant proves an estate owner was incapacitated at the time the will was created.

Proof that an estate owner could not make rational decisions helps demonstrate their mental incapacity. Irrational decisions might include a will creator's inability to comprehend the execution ceremony, the extent of their property, or the significance of estate distribution.

Medical records for mental conditions, including dementia, help establish cognitive incapacity claims. Evidence of mental incompetence is more persuasive if dated since a lawyer can compare the dated records with the will preparation period.

3. Ambiguous Intentions

Typically, a will becomes legally binding after it is signed, which includes witnesses signatures. After the creator passes away, sometimes beneficiaries and legal representatives cannot ascertain the intentions of a will, which may result in a proceed to contest the validity of the will. For example, a creator of a will may intend to replace or revoke a prior will. An improperly revoked will raises questions about the new or adjusted document's intention. In particular, vagueness of intent exposes a will to dispute, especially if an improperly revoked will surfaces.

4. Forgery

An heir may be suspicious that the signature on a will is not the deceased's. In this circumstance, a contestant can challenge a will's validity until a proponent demonstrates its genuineness, which may be through a forensic document examiner to assess for potential forgery.

Adequate preparation is vital when contesting a will. Contact us at Hand Law, P.C., for consultation and direction on the legal grounds for challenging a will.

Local Law Firm, Hand Law, P.C. Celebrates its New Identity

Tue, 22 Mar 2022 00:47:00 GMT

Since 1977, LaCroix & Hand P.C. has provided quality legal representation for our Grand Valley community. Celebrating 45 years of service, LaCroix & Hand P.C. recognizes the well-earned retirement of respected- partner, Tom LaCroix and is looking forward to continuing quality legal solutions under the firm’s new name, “Hand Law, P.C.” Long-time partner, Amy C. Hand and her husband and former Chief Deputy District Attorney, Mark Hand, will continue the practice at the same 7 th & Rood Avenue location.

Mark & Amy Hand have over fifty years of combined legal experience. Practicing in family law, divorce, adoption, criminal defense, DWAI, DUI, wills, and estate planning, this dynamic duo has a reputation for operating with integrity and providing results-driven service. “We are both looking forward to the upcoming year and establishing our new name in the community. Our primary focus continues to be on building our local reputation by providing thorough and personalized legal representation,” stated Amy C. Hand. “Growth is inevitable for those who truly care about their clients’ success.”

With the new name comes a new business logo. The logo showcases the firm’s new name along with three roman columns. These columns are included as a symbol of strength and stability. Each of the three pillars represents a core value for the firm including the importance of proven experience , ongoing integrity and obtaining positive results for clients. These three values represent the formula for success for Hand Law, P.C. and will continue to be a focus as the firm adapts and grows in the future.

Learn more about Hand Law, P.C. online at handlawgj.com or schedule a consultation with an attorney at 970-245-4601 .

About Hand Law P.C. – Hand Law P.C. has over 50 years combined experience serving the Grand Valley and surrounding Colorado areas. Owned by attorneys Mark R. Hand and Amy C. Hand, this Grand Junction law firm provides expert, legal counsel in the areas of family law, divorce, adoption, criminal defense, DUI, DWAI, traffic violations, wills and estate planning.

Respected local attorney, Tom LaCroix announces he is retiring from LaCroix & Hand P.C.

Wed, 18 Aug 2021 17:22:00 GMT

In everyone’s life, a time comes to turn to the next chapter. It is now time for our beloved partner, Tom LaCroix, and his wife Linda LaCroix to turn a new chapter in their life. After almost 47 years of practicing law, Tom LaCroix is leaving the practice to embrace his retirement years.

Tom’s priorities have always been his family, clients, friends and the community. His immediate family including his wife Linda, children: Katie and her husband Adam, and Dr. Betsy and her husband Dr.Kyle, have always been his pride and joy. Throughout his career, Tom has always spent as much time as possible with his family, enjoying trips to Lake Powell, attending school events and participating in many ongoing family activities.

To Tom, his clients were the second most important thing in the world. He not only knew them as individuals, but also took the time to learn about their families and even their furry friends. Endless hours were spent making sure that he exceeded their expectations to receive the best results possible. This type of dedication and service is the reason many of Tom’s clients from all over the world became and remain close friends today.

Tom always says, “a stranger is a friend I haven’t made yet.” He is a friend to everyone regardless of their status in life. Known for his commitment and follow-through, Tom’s friends always joked, “if you could understand what Tom said, he would do it and you could consider it done.” He always makes the time in his schedule for all his many friends and is known and respected for his responsiveness and reliability.

Tom spent literally thousands of hours serving his community and participating on many local boards including Community Hospital, Grand Junction Regional Airport and numerous others over the last 47 years.

His law Partner and long-term, best friend Amy Hand and her husband Mark Hand will carry on the law practice at the same 7 ^th & Rood Avenue location. Tom’s remarks as he closes this chapter in life are as follows: “It is always hard to move on from something that you have built and watched grow and flourish for so long. Though I am starting a new chapter today, I take comfort in the fact that this practice will be in the experienced hands of the two best people and attorneys I know.”

LaCroix & Hand P.C. would like to wish Tom and his family a happy and healthy retirement. Thank you for all you have given to this practice, for the respectable reputation you have helped build, and for bringing everyone you know a bit of much needed kindness and grace.

Grand Junction Law Office, LaCroix & Hand P.C. earns local recognition in the Daily Sentinel’s 2020 “Best of the West.”

Mon, 22 Jun 2020 18:23:00 GMT

LaCroix & Hand P.C. has been serving the Grand Valley for over forty years. Founded by Thomas LaCroix in 1977, the firm earned a reputation in the area for being community focused, professionally driven and dedicated to their client’s success. This year, the firm was recognized for their hard work and commitment by receiving Grand Junction’s Best of the West awards in three categories. Attorney Amy C. Hand was awarded first place for the category “Best Divorce Attorney,” Attorney Thomas R. LaCroix was awarded second place for “Best Litigator,” and the team took second place overall for the Grand Valley’s “Best Law Firm.”

This year’s Best of The West contest included 17,585 local participants. Each year, the Daily Sentinel distributes a survey and allows the community to vote on who they think has provided the best service in the area. “It means a lot to be voted best divorce attorney by the people in the community you serve,” stated Amy Hand. “I have always strived to exceed the expectations of my clients and I am thankful that they have felt their services were worthy of this award.”

The team at LaCroix & Hand P.C. brings to the Grand Valley and surrounding areas of Delta and Montrose over forty years of experienced legal-council. Their expertise is focused on the following legal practice areas: divorce, family law, criminal defense, adoption, civil union, DWAI and DUI defense, traffic violation, probate, wills and estate planning, real estate law, civil litigation, social security and veterans defense, business entity and corporate law. Colorado residents looking for qualified, skillful attorneys in Grand Junction and Mesa County can contact LaCroix & Hand P.C. at 970-245-4601 to set up a consultation, or visit online at https://handlawgj.com .

Fatal mistakes to avoid when starting your new business…advice from a Grand Junction Business Attorney.

Mon, 12 Aug 2019 16:38:00 GMT

Entrepreneurs are known as risk takers, creative people, with the ingenuity and tenacity to overcome the trials and tribulations of the business world. They spend an enormous amount of time perfecting their brand, refining their product, upgrading their services and creating the perfect marketing strategy for long-term success. Still, many entrepreneurs overlook the important legal matters of their business. Planning for taxes, choosing the right business structure, creating well written employee contracts and addressing potential privacy issues can help your new business avoid many common mistakes and ensure a long, successful future in the market.

These helpful tips will help you to avoid common pitfalls.

1. Choose the right business structure –Small business owners often start out as a sole proprietorship. This structure is easy to start up, has very little paperwork and costs very little to begin; however, in a sole proprietorship, there is no separation between an individual business owners’ asset and the assets of the company. This means that if the company were to get sued, all your personal belongings would be at risk. If your business is just a “side business” and will not be your primary source of income, a sole proprietorship may be the right solution; however, if you are looking to grow a viable, self-sustaining business, you might consider one of the other four business structures available, including: Partnerships, LLC, Corporation or S. Corporation. Each structure has a slightly different tax structure and different implications regarding liability and income. It is important that you choose wisely the business structure that will benefit your business the most and consult with a business attorney or consultant prior to registering your business with the state of Colorado.

2. Create clear employment contracts –Regardless of whether you supervise two employees or 200 employees, providing expectations in writing is always a good idea. Employee handbooks and written job expectations will help to protect your business from the unwanted expenses caused by employee termination, breach of confidentiality or change of work conditions. Employers should be detailed in these contracts, providing information regarding what the job requirements are and what actions may be taken if job requirements are not met. A basic employee contract should include information such as:

3. How long will a terminated employee receive pay?

4. What constitutes termination without pay?

5. What is the reasonable notice expected for termination of the employee/employer relationship?

6. Formal description of the working conditions

7. Pay and benefits

8. General description of duties to be performed

9. Non-compete agreement (if applicable)

10. Who owns the employees work?

11. Confidentiality agreement (if applicable)

12. A method for resolving any employment disputes

Creating a well-planned employment agreement will help to prevent courts from imposing legal obligations you would not have agreed to. Without the presence of a written contract the courts will decide employee disputes based on what is considered a verbal contract or on the evidence of the relationship. The outcome of this is often in the employees favor and can cost a small business thousands of dollars in unexpected liability.

3. Have your paperwork in order –Register your business name and trademarks with the state of Colorado. Make sure you are properly filing for permits, licensing, zoning compliance, copyrights, trademarks and patents. Review your lease agreement and make sure there are provisions that benefit you if the lease is terminated by the building owner. Protect your intellectual property by following through with legal processes. These seemingly small details are the least exciting part of becoming a new business owner but are the most important pieces to have in place before launching a new product or service.

4. Plan for your taxes and maximize deductions and benefits –Make it a point to know the ins and outs of your business expenses. Taxes are not only affected by the structure of your business, but by all the related business operations. Startup costs, research & development, marketing, office expenses, insurance, employee expenses, software subscriptions, travel and professional fees can usually be deducted. Utilize these tax benefits and plan ahead from the inception. The steps you take before the end of the tax year can help to save thousands of dollars immediately. Tracking your expenses effectively will help to gain valuable insight into your company’s cash flow and maximize the dollars you save. Consider setting aside quarterly estimated tax payments to prevent an unexpected surprise at the end of the year and help to lower your tax liability.

These are just a few of the most-costly mistakes a new business can make. The good news is, all of these mistakes can be avoided by engaging an experienced business attorney. Business attorneys specialize in preparing your business for regulatory matters, navigating business paperwork, preparing you for financial obligations and directing your company towards future growth. Hiring a business lawyer from the inception of your business is one of the most important decisions a new business can make. To make sure you have the right fit, set up a consultation with a business lawyer in your area and discuss your business plan and options.

For a business lawyer in the Grand Junction and the Western Colorado area, contact Lacroix & Hand P.C. The business attorneys at LaCroix & Hand P.C are experienced lawyers with the skills and the tools to help you achieve the best outcome for your business. Set up a consultation at 970-245-4601 or contact us online!

Fall Scholarship Deadline – Grand Junction, Fruita, Palisade

Tue, 25 Jun 2019 16:09:00 GMT

LaCroix & Hand P.C. will choose one outstanding student this fall to receive a $500 scholarship towards their college degree or trade certification. Thomas R Lacroix, Amy C. Hand and their staff created this scholarship program to reward graduates of area high schools that demonstrate an outstanding performance, community involvement and philanthropic effort.

“Providing strong students with increased opportunities is a great way to help support our community,” said Thomas Lacroix. “We are honored to be able to give a little bit back every year to our local students.”

The deadline for the fall applications is July 1, 2019! To apply, click the button below, print out and complete your application, then return it to Lacroix & Hand P.C. in downtown Grand Junction , CO before July 1!

Planning for Retirement? Avoid these common mistakes.

Tue, 28 May 2019 20:14:00 GMT

Somewhere in the back of our mind, most of us know we need to plan for retirement. Still, throughout the country, an estimated 74% of Americans are not prepared for this phase of life.

According to Northwestern Mutual’s 2018 Planning & Progress Study, 21% of Americans do not have any retirement savings at all. Many of us simply put this off, thinking we do not have the extra cash flow or ability, or that it is too difficult at this point in our lives. But taking the first step is critical. No matter what your age is, planning for the future is not as painstakingly overwhelming as most of us think. Setting up goals and avoiding a few common pitfalls can help to ensure that you’ll have enough money to comfortably cover your expenses during retirement.

8 common retirement planning mistakes –

Not setting retirement savings goals –

It’s hard to measure your success if you don’t know how much you will need. Many people who begin saving for retirement do so without crunching the numbers and creating a plan. You need to prepare to live a long time, track your finances and forecast your future with strategic financial planning. Some experts suggest aiming for 80% of your income saved for each year you are retired. This means if you make $100,000/year you would want $80,000 saved and available per year you are retired. This amount can seem daunting to many of us but failing to plan and avoiding the conversation is not the answer. Working with a professional financial advisor can help you find new ways to save and grow your money to achieve long-term retirement goals.

Not planning for healthcare costs –

Healthcare costs are rising every year. Many Americans simply do not expect the costs associated with doctor visits, injuries and illnesses that are often necessary later in life. According to Fidelity Retiree Health Care Cost Estimate, an average retired couple age 65 in 2019 may need approximately $285,000 saved to cover healthcare expenses in retirement. Medicaid and Medicare do not cover many of these expenses and failing to plan for them can be detrimental to your retirement goals.

Draining your retirement savings –

When life brings unexpected expenses or opportunities, it may be tempting to pull from your hard-earned retirement money. According to the Insured Retirement Institute, 17% of Boomers initially saved for retirement, but had to withdraw the money for various reasons.

Not making the most of tax-advantaged retirement accounts –

IRAs and 401(k)s contribute pre-tax money, reduce taxable income and help make savings more affordable. The 2018 contribution limits for 401(k)’s are $18,500 for those under 50 and $19,100 for those 50 and up. If you start taking advantage of these opportunities early, you can accumulate interest that will vastly help your retirement goals. For an example, contributing $5,000 annually to a 401(k) that grows an average of 8% annually would result in $247,115 in just 20 years. Granted, these numbers are estimates based on a consistent return, but understanding the benefits of these investments can help make retirement goals considerably more attainable.

Not planning for long-term care –

We’d all like to believe we can stay healthy and at home forever. Though that may be the case for some of us, an estimated 5% of us will end up needing long-term assistance of a nursing home, assisted living center or congregate care. 25% of us will require nursing-home care at some point in time. Long-term care and medical expenses essentially pose the greatest threat to your retirement goals. According to a Genworth survey in 2017, the national median cost of assisted living is $45,000/year, a private room in a nursing home averages $97,455/year.

Underestimating how long your retirement will be –

The average age of retirement is 62 – 63. According to the Social Security Administration, one in every four 65-year-olds will live past the age 90. One in every ten of us will live past 95. This means, if you retire at 62, you should potentially plan for 28 – 33 years of retirement income. This number is different for everyone and may change based on when a person chooses to retire. According to the 2016 Retirement Confidence Survey, 46% of retirees left the workforce earlier than planned. This is usually due to health problems or disabilities. The US Department of Labor Statistics reported that just 1 in 5 Americans age 65 and over are actually employed.

Not signing up for Medicare on time –

Medicare is critically important. You are eligible for Medicare at age 65 and can sign up anytime within three months leading up to your 65 ^th birthday and three months after. Not enrolling on time could result in a 10% penalty for every 12-month period you were eligible for Part B and didn’t enroll. This means if you waited three years to sign up, your penalty could be 30% of the premium.

Claiming Social Security Too Early –

Though you are entitled to Social Security Benefits at age 62, taking advantage of delayed retirement credits can provide you with a significant annual increase when you do decide to claim. Because of these credits, waiting until the age of 70 can provide you an 8% boost in Social Security benefits each year.

Planning for retirement is easier than it seems when you work with a qualified expert. You will want to consult with a qualified financial advisor as well as a retirement planning/ estate planning attorney to gain insight and helpful information regarding your personal circumstances. Retirement planning/estate planning attorneys can help you understand how to best take advantage of your retirement funds and assets, maximize beneficial tax rules, as well as review your will, estate plan and advance health care directives. Retirement planning experts can help to ensure your insurance policies and assets line up with your retirement goals. For more information, or to schedule a consultation, contact LaCroix & Hand P.C. Our qualified estate planning attorneys have been helping individuals plan for their future, providing confidence and peace-of-mind for over 40 years.

Estate Planning – Should I leave my life insurance to my estate?

Tue, 09 Apr 2019 20:02:00 GMT

During the estate planning process it is important to consider the different options you have for your life insurance policy. Life insurance policies are usually left to the beneficiaries and are not considered part of the estate, unless there is no named beneficiary, or the first beneficiary passed away, in this case, the life insurance policy becomes the property of the estate. This means, if there is no clear, living beneficiary when you pass, your life insurance policy can be used to pay off debts and subject to probate.

Clearly, it is important to identify a living beneficiary or beneficiaries for your life insurance policy to avoid unwanted taxes and probate; however, there are some instances when it makes sense to intentionally include your life insurance policy as part of your estate planning.

For instance, some people intend to utilize their life insurance policy to pay off their final bills, or they may wish to dictate gradual payments to younger beneficiaries through a properly structured trust. When considering these options, it is important to work with an estate planning attorney to properly set up the estate and trust to accomplish your goals. An estate planning attorney can help you evaluate how the life insurance policy will affect your overall estate, and whether including it will result in increasing payouts and/or decreasing the amount paid to loved ones.

Some important estate planning considerations include:

1. When you pass away, all your debts are passed on to your estate. Outstanding debts such as mortgages, medical bills, creditors etc. are paid in an order dictated by the state. It is important that the executor of the will does not pay debts out of order or they may become liable for that money.

2. Most assets are instantly considered part of your estate upon death. This includes houses, property, cars, and liquid cash assets that are in your name only.

3. If your estate cannot pay all the debts and is determined to be “insolvent”, your beneficiaries are not liable for the debt, but the executor of the estate may be required to sell off any inheritable assets to pay these debts, leaving little to nothing for the intended beneficiaries. In this case it is important to evaluate if the life insurance policy would be more beneficial protecting the assets in the estate, or if it would be better off to lose the assets providing only the policy reward to the intended beneficiary.

4. Families with business related assets may need to utilize the life insurance policy to cover cash flow needs, maintenance or other business expenses.

5. Life insurance policies left to the estate can help to even out the distribution of large assets, such as the family business which may not be distributed equally amongst beneficiaries.

An additional option would be setting up a life insurance trust. This can protect the life insurance proceeds from the estate responsibilities and taxes; however, there are many different types of life insurance trusts and the implications and needs vary depending on the size of the estate and the anticipated amount of debt.

To ensure your estate is protected and that your beneficiaries are not left with unwanted surprises, it is important to meet with a qualified estate planning attorney to review your current policies and make the appropriate arrangements in advance. If you live in Colorado, you can contact LaCroix & Hand P.C. where our experienced estate attorneys can review your assets, help you understand your life insurance policy options and make the best choices for your loved ones.

Colorado white collar crime: Why it’s important to hire a skilled attorney if you’ve been accused.

Wed, 13 Mar 2019 21:13:00 GMT

What is white collar crime?

Punishment for white collar crime in Colorado is severe, sometimes on par with sentencing related to violent crime. While it may seem easy to think about white collar crime as simply “non-violent and finance or business-related,” the net under which these offenses fall is probably broader than you think. Additionally, those accused of white collar criminal activity often find law enforcement has spent years building an air-tight case against them.

White collar offenses abound, but some of the most common include:

Embezzlement
Tax fraud and evasion
Forgery
ID theft
Health care, Medicaid and Medicare fraud
Bank and mortgage fraud
Welfare fraud

Essentially, white collar crime involves the use of deception to acquire financial or property assets. It can, in addition, include the abuse of a position of trust. For example, if a CPA embezzles thousands of dollars from his/her clients, that is the abuse of a position of trust and considered white collar.

These offenses often violate both state and federal law, so they can be prosecuted in either state or federal court. Because white collar cases are complex, they take time, money and ample resources to execute. Federal prosecutors are better equipped and trained than state courts, so large-scale cases often move to federal court.

Punishment for white collar crime in Colorado.

If a case stays in Colorado state court, sentencing may involve financial penalties such as fines, restitution and forfeiture as well as incarceration, probation and community service. The defendant will often receive a mandate to pay back the full amount that was stolen to the victim(s).

In Colorado, classification for white collar criminal activity escalates quickly. Embezzling as little as $2000 or stealing property of the same value is considered at least a class 6 felony and carries a sentence of one to one and a half years in prison with a one-year mandatory parole period.

Similarly, committing check fraud of $2000 or more carries a fine of up to $100,000 in Colorado.

What it takes to prove guilt in white collar crime.

In addition to hard evidence such as bank statements and other documentation providing legal proof of wrongdoing, law enforcement must show intent behind an accused offender’s actions. In other words, the prosecution must prove that the offender committed the alleged acts knowingly and with full intention of breaking the law.

Common defenses.

A common defense involves pleading ignorance which means that, while the offender may have indeed committed the crime, he or she did it unknowingly. Others include intoxication, incapacity and duress. In duress, the offender is forced by another party to commit the crime through threat of bodily harm.

Entrapment, perhaps the most common defense against white collar crime allegations, asserts that the accused would never have committed the crime were it not for the actions of a government actor who tricked or coerced the accused into doing it.

What it takes to prove innocence in white collar crime.

While several defenses against allegations of white collar crime exist, proving one’s innocence takes elaborate and oftentimes years-worth of organized evidence to support it. Presenting an argument of the caliber necessary to prove one’s own innocence is nearly impossible for most accused, so obtaining an experienced and aggressive white collar crime attorney is vital.

When those alleged of white collar criminal activity try to act alone, they often hurt their own case or, at worst, affirm their guilt. If you receive accusations, contact a proven, qualified attorney immediately.

A skilled attorney will build the case necessary to prove your innocence or, if sentencing is certain, negotiate less restitution, forfeiture, prison or probation time. If you’re in need of a white collar criminal defense attorney in Grand Junction , contact us today for a consultation. Let our experienced lawyers fight for your case and restore your peace of mind.

Under probation in Colorado? Here’s what happens if you violate your terms (and what you can do about it).

Tue, 19 Feb 2019 19:06:00 GMT

Probation is a court-issued period during which an offender is monitored for good behavior in exchange for a lesser sentence. It gives those convicted of certain non-violent crimes and misdemeanors a chance to avoid jail or prison or avoid serving more time if they’ve already entered detention. Probation periods usually last between one and five years.

In large part, adults and juveniles under probation can live normal lives if they abide by the terms set by the court. However, violating one’s terms can carry severe consequences.

Technical and substantive violations.

Dictated by a judge, the terms of one’s probation cater specifically to the crime for which the offender was found guilty. Breaking those terms usually falls under one of two violations.

Technical

A technical violation involves breaking the specific rules set by the judge. If you were convicted of possessing illegal substances, for example, it’s likely your probation will include mandatory drug screenings. If you fail a court-ordered drug test, you’ve performed a technical violation of your probation.

Similarly, if you were convicted of domestic violence, the court will likely rule that you cannot possess a weapon during your probation period. If you are found in possession of a gun, this constitutes a technical violation and the judge may issue a warrant for your arrest.

Substantive

Substantive violations involve accruing new criminal charges while under probation. If charged with a crime unrelated to the one you were originally charged with, it is still a violation of your probation. While probation represents what is essentially another chance at regular life, the purpose is to rehabilitate your behavior against criminal activity.

Common ways people violate their probation.

Aside from outright breaking the rules (such as drinking if you were mandated to participate in alcohol rehabilitation, travelling outside your restricted area or being charged with a new crime), many violations occur due to oversite or because the offender simply can’t keep up with the conditions of his or her probation.

Common violations include:

Failure to pay court, supervision or restitution fees.
Failure to report an address change.
Failure to report to your probation officer.
Breaking (even accidentally) your electronic monitoring device.

What are the consequences of a violation?

If you’re extremely lucky and have no prior offenses, the judge may issue a warning. Often, though, a violation is grounds for revocation of your probation and possible arrest. If your probation is revoked, you will likely receive additional penalties, fines and even jail time.

Common penalties include:

New sentencing.
Fines and/or fees.
Additional time added to your probation.
Jail time.
Required counseling or rehabilitation programs.

What to do if you violate probation in Colorado.

If you violate your terms, even unwillingly, an experienced criminal defense attorney will know how to negotiate the most lenient sentence from the judge. He or she will illustrate the most compelling reason for why you broke your terms and present you to the court in the best possible light.

Common defenses include:

Failure to report due to hospitalization.
Learning disabilities that prevent the offender from completing mandated educational programs.
Lack of sufficient funds to pay fines or supervision fees.
Faulty equipment that resulted in an inaccurate drug test.
Prescription medication that affected the results of a drug test.

Evidence presented to the court in your defense must thoroughly convince and compel the judge. If you think you’ve violated the terms of your probation, contact an experienced Grand Junction criminal defense attorney immediately.

For more information about probation law and violations in Colorado, contact LaCroix and Hand P.C. If you’ve violated the terms of your probation in Grand Junction or on the Western Slope, our dedicated team will look for defenses for your case and work to negotiate a reduced sentence.

Congratulations to LaCroix & Hand, P.C.’s 2019 Spring Semester Scholarship Winner

Mon, 14 Jan 2019 16:35:00 GMT

Congratulations to LaCroix & Hand, P.C.’s 2019 Spring Semester Scholarship Winner

Every year, LaCroix and Hand P.C. chooses two outstanding students from the Western Slope of Colorado to receive a $500 scholarship towards their college degree or trade certification. The LaCroix & Hand P.C. scholarships were first established in 2015 by Thomas R LaCroix, Amy C. Hand and their staff, as a commitment to honor the Western Slope and its students. These scholarships are designated for graduates of area high schools that have demonstrated an outstanding academic performance, show community involvement and philanthropic effort.

This year’s spring scholarship is awarded to Whitney Dawn Watson from Montrose High School. Whitney has not only maintained a high academic standard throughout her high school career, but has participated in research projects with the DEA involving genetic research for local plants as well as the evolutionary sequencings for Caribbean plant research. Her passion for genetics and technology has led her to pursue a degree at Colorado Mesa University in biology, where she can gain experience in the field of research and science.

“We are thrilled to be able to offer these scholarships to local students,” said Thomas LaCroix, “Providing strong students with increased opportunities is a way to help ensure our region has a well educated, innovative work force in the future. Students like Whitney are a great investment in our community. ”

Students who are interested in applying for the LaCroix & Hand P.C. Scholarship can request an application at the LaCroix & Hand P.C. office at 725 Rood Ave., Grand Junction, CO 81501., or download the online PDF . Applications must be completed by July 1, for the Fall Semester and by December 1, for the Spring Semester.

Estate Planning Lawyers Review Wills, Trusts and Probate in Colorado

Thu, 13 Sep 2018 18:23:00 GMT

When a person passes away in the state of Colorado without a valid will or trust, their assets are transferred to the closest relatives under the state “intestate succession” laws. There are some assets that aren’t affected by these laws and do not need court proceedings for distribution. These assets include: 401(k), life insurance proceeds, real estate held by transfer-on-death or beneficiary deeds or property you’ve kept in a living trust. All other assets, whether included in a will or not, can be subject to probate proceedings.

Though the laws are clearly designed to help ensure all property goes to spouses, children, parents and relatives, the best way to control how an inheritance is managed is to develop a living trust ahead of time with a qualified estate planning attorney.

Do I need a will or a trust? What is the difference?

Whether or not a will or a trust is better for you depends greatly your personal situation, your total asset value and how much control you want over the process.

Here are some of the key differences between a will and a living trust:

A will does not avoid probate for valuable assets.

A will goes into effect after a person passes away. If property is owned by a single person, valued at over $60k in the state of CO, and is passed under the terms of a will, it will still require probate to legally be transferred to beneficiaries. The probate court determines if your will is valid, orders payments of outstanding debts and distributes the remaining property in accordance with the will.

A living trust transfers your existing assets to a trust immediately, that is no longer owned by you, but managed by your designated trustee. If property is placed in a trust, it will remain in the trust until designated beneficiaries can legally take ownership of it based on the terms you set when you created the trust.

A trust can protect the inheritance from creditors

If the beneficiaries have outstanding debt, family legal issues or lawsuits, the inheritance gained from a will would be considered an asset and could be lost to pay off existing creditors and legal obligations.

When an inheritance is placed in a trust, the trustee has access to the assets but they are not in the name of the beneficiary. The ownership remains in the Trust. When appropriate, you may also name the beneficiary the Trustee on the account, allowing them to manage their own assets.

Beneficiaries with Disabilities

It is important when leaving assets to a person with disabilities, that you consider their need to continually qualify for Supplemental Security Income and Medicaid Benefits. Housing, vehicles and family assets do not affect SSI or Medicaid, but cash gifts can cause beneficiaries to lose their ongoing state benefits. Setting up a special needs trust allows your loved ones to receive help from the designated Trustee in the form of home furnishings, vacations, physical therapy, recreation, personal care, services or products, without the support from the Trust qualifying as income. Because the trust is not owned by the beneficiary, it does not impact their eligibility for state programs and services.

A trust offers more control over distribution

When assets are transferred in a will, they are transferred in their entirety, with no control or rules. The distribution of assets in a Trust are all specifically mandated by you. Unlike a will, you can set up disbursements at various age increments or designate specific amounts for education, healthcare or other expenses.

Do you own taxable estate?

Most Americans do not have to pay estate tax. This is because the very high exemption level of $5.49 million per person that is considered non-taxable. In 2017 roughly two out of every 1,000 people who passed away were required to pay any estate tax. Estate taxes were developed to limit the tax breaks that wealthier households receive on their wealth as it grows; however, for the handful of households that fall in this category, protecting property and assets from government taxes is of primary importance.

Some options include the use grantor retained annuity trusts to pass along assets tax-free, charitable gift-giving, life insurance Trusts, personal residence Trusts or family limited partnerships.

Do you own property out of state?

Transferring out-of-state property into a living trust is the most effective way to avoid multiple probate processes. Real estate is governed by the law of the state in which it is situated, so each property would require its own probate hearing. Combining property within a Trust, simplifies the process and avoids costly legal and travel fees.

Summary

If you only have a bank account and a retirement account to transfer, these items can easily be managed with Transfer on Death paperwork to your intended beneficiaries. A simple will to dictate the distribution of items and care for minor children might be sufficient to meet your needs.

Typically, setting up a living trust is more costly than a will and requires ongoing management. If you have reviewed the choices and are still not sure what is best for you, consult with an experienced estate planning lawyer to review what options fit your lifestyle and goals.

If you would like to set up a consultation to discuss your estate planning needs, contact LaCroix & Hand P.C. Our dedicated team will help you make the right decision and help guide you through the best options available.

What happens when you receive a restraining order in Colorado?

Wed, 23 May 2018 18:06:00 GMT

Any victim of domestic violence or anyone in fear of personal harm may ask the county court for a protection order, also known as a restraining order. A protection order may be issued against any adult or juvenile who is ten years of age or older.

In most cases, a temporary protection order can be received the same day it is filed. The defendant may be asked to leave their home, give up custody of their children temporarily, and be required to stay a certain distance from home, work, children or specific public places. A temporary protection order typically lasts around fourteen days or until the scheduled permanent protection order hearing takes place.

The defendant will be served a temporary restraining order (TRO) and required to appear in court. The court will hear testimony, witnesses and review evidence to decide if the TRO should be extended or become a permanent restraining order.

What should I do if I am served a temporary restraining order?

Follow the Rules – This period of time (approx. two weeks) is crucial to building a solid defense for your case. If you receive a TRO, remove yourself from the situation, follow all court-ordered requirements and seek legal support to help build your case. This is especially important if there are child custody issues and possible domestic violence charges in process. Any violation of a temporary restraining order will result in immediate arrest. Even the first violation of an order of protection can be charged as a misdemeanor offense and is punishable by up to one year in jail. New contempt of court charges may be filed and the chances of the TRO becoming permanent will greatly increase. Once a restraining order becomes permanent, it usually cannot be modified for two years.

Don’t be tricked – Often times the alleged victim will encourage the defendant to break the restraining order requirements. They may do this maliciously or innocently and it may seem harmless at the time. Stopping by to visit children, not paying agreed upon bills, picking up items from the home outside of the court ordered arrangements or responding to texts from the alleged victim can all cause violations of your TRO and ultimately cost you your freedom. It does not matter to the courts who initiated the contact, only that the protection order was violated.

Prepare for trial –The courts are likely going to be presented with evidence against you that attempts to show a pattern of unsafe behavior. Threats, assaults, batteries, intimidation and illegal activities are all laid out to create a story about your character. To fight these accusations, you will need to gather evidence of your own. This might include: witnesses of your character, witnesses to a specific incident, alibies that may clear your association with an incident and other tangible evidence such as phone records, transcripts, police reports etc. This is a good time to call upstanding citizens that are part of your life and ask them consider making an appearance on your behalf or writing a letter of recommendation regarding your personal character.

Once a restraining order becomes permanent it is very difficult to terminate. Restraining orders do appear in background checks, impact the ability to own firearms, negatively impact credit records and can create a lot of barriers to employment and future endeavors. It is important to consult with a criminal defense attorney who is experienced in Colorado domestic violence cases and can help you create a strong defense in order to reduce your charges and eliminate some of the long-term consequences you may face.

For additional information about Colorado Law, temporary restraining orders, emergency restraining orders and criminal defense consulting, contact LaCroix and Hand P.C. The experienced criminal defense attorneys at LaCroix and Hand P.C. will help you determine the best course of action, look for opportunities to avoid trial when appropriate and create strong defense for your case.

Facts about driving under the influence of marijuana in Colorado

Thu, 12 Oct 2017 21:41:00 GMT

What you need to know about DUIs and Marijuana charges.

As the Colorado marijuana laws have changed, so has the amount of tickets given for possession of drugs and driving under the influence of marijuana. Many areas have instated local police task forces in an attempt to better regulate the driving laws related to marijuana use and the result has been a dramatic increase in both legitimate and questionable prosecutions.

What is the legal limit?

According to Colorado law, you are considered under the influence of drugs if there are 5 nanograms of THC per millimeter of blood in your body. Unfortunately, there are not a lot of reliable ways to test for this and the lack of resources can lead to a lot of false reports and arrests.

How does law enforcement currently test?

The current system requires law enforcement to provide a DRE (drug recognition evaluator) to conduct a series of roadside tests. This is very similar to the roadside tests you are asked to take for an alcohol related DUI or DWAI offense, only officers undergo specific training for drug recognition to be allowed to administer the tests. Most of the time, the officer will also request a blood test if he/she suspects you are under the influence.

What happens if I refuse?

The officer will often try to insist that you participate in these tests; however, you are not required by law to participate. These tests are 100% voluntary . Refusal of the roadside test will usually result in an arrest, where you can submit to a blood test for more accurate results. Though you may refuse the blood test, the result of this is a mandatory one-year license revocation. This is where it is important to enlist the help of an experienced criminal defense attorney in your area. You have the right to remain silent and should always exercise it.

As experienced Grand Junction criminal defense attorneys, we recommend not participating in roadside tests, be it for alcohol related charges or driving while under the influence of drugs. These tests are subject to human error, yet completely admissible in your court case. This information can be used against you regardless of your blood test results and can have an impact on the outcome of your case.

In addition, blood test results often leave a lot of open ended questions, especially where marijuana is concerned. Given the length of time THC stays in the blood stream as well as the various immeasurable strengths of the substance, it can be a challenge for police to identify how much is too much. You could have taken drugs over a week ago and have them still show up in your system during this test.

What should I do?

Hiring the right Grand Junction criminal defense attorney will help ensure your case is thoroughly reviewed. This means evaluating how the DRE was administered, if your rights were violated, what mistakes may have been made during the blood testing procedures, or any other errors made on the part of the police or testing lab. Fighting for your case is what experienced criminal defense attorneys do best. If you are in the Grand Junction area, contact us at LaCroix & Hand for a friendly consultation and protect your legal rights.

Advice from a Grand Junction Estate Planning Attorney… Are you ready to make a will?

Tue, 25 Jul 2017 16:42:00 GMT

Estate planning and wills are a tough subject, as no one wants to think about the end of their life. However, creating a will is one of the most effective ways to make sure your personal property ends up in the hands of your chosen beneficiaries. Planning in advance will save your family time and money and ensure your life’s possessions are distributed properly.

Since creating a will can sometimes be daunting and overwhelming, we have created a short list of the most important things to remember when beginning the estate planning process and creating a will.

Identify yourself – Provide complete information to identify yourself, including social security number, ID or Drivers License number or other valid, legal identification sources.

Gather Information and Assets – Create a list that includes all your personal assets. This includes property, real estate, personal items of value to you, investments, life insurance benefits and coverage, business interests, pensions and annuities. You must gather appropriate documentation for all assets. This includes the deed to your house the title to your vehicles, bank statements, investment paperwork, or appraisal paperwork for personal property that is of value.

Gather Information regarding existing debt – Include information and documentation concerning debts and financial liabilities such as loans, taxes, credit and business obligations.

Choose an executor – This must be a person you trust to handle your will and carry out your requests. This person should know in advance that they are the responsible party and should have access to the necessary information to handle your financial affairs, taxes, bills etc. Clearly identify this person and include contact information such as address, telephone numbers, email, etc.

List of beneficiaries – This should include people, organizations, charities etc. Be sure to identify all beneficiaries clearly to avoid any unnecessary confusion.

Guardianship of children - If you have children under the age of 18 you will need to decide who should maintain guardianship over them and any inheritance that you leave them. It is often good practice to select a primary guardian and a substitute guardian in case something were to happen that is unforeseen at the time of the creation of the will.

Include funeral arrangements and instructions – If you have preferences regarding your funeral location, planning and details, this can be included in your will to ensure your wishes are communicated properly and carried out in the manner you choose.

Understand the difference between a will and a trust – For some a living trust makes a lot of sense. Property and assets left in a living trust can often avoid probate and prevent your financial affairs from becoming public record. A living trust is a bit more complicated than a will and must be actively managed. Individuals who have accumulated estate value that exceeds the estate tax threshold may consider setting up a trust with tax planning provisions. Individuals who have children or grand children often consider living trusts as a way to provide assets to minor beneficiaries and control how and when the inheritance is distributed to them.

There are many ways to create a legal and effective will through online services and do it yourself guides. Though we encourage you to consult an estate planning attorney for advice on asset distribution, establishing trusts and understanding the states legal requirements, you do not have to have an estate lawyer create or sign your will for it to be valid.

Along with the above listed information here are a few basic requirements to include to make sure your will becomes a valid legal document:

It must be signed by at least two witnesses. In most states, these witnesses must not be included in the will.
Type written and signed by the person drafting the will
The person must be 18 years old for the will to be legal
The will must contain a statement attesting that it is your “last will and testament”, the date and place of signing and that you signed it in the presence of two witnesses.

If you find yourself in a more complicated situation, i.e. recent divorce, owning multiple businesses, disabled family members, substantial assets in IRA’s and 401k’s, taxable estate, or real estate assets in multiple states, you will most likely need the assistance of an estate planning attorney to ensure all legal requirements are completed and your family is not left with unfortunate surprises. If any of these more complex situations apply to you, the time spent with an estate attorney could potentially save your family thousands of dollars in probate lawyers and IRS penalties. Estate planning is never a one-size-fits-all template. An experienced estate planning attorney will be able to consult with you individually and provide you with the basic information you need to decide what is best for you.

Everything you need to know about domestic violence charges in Colorado

Tue, 06 Jun 2017 22:48:00 GMT

If you have been charged with a domestic violence crime it is important that you enlist the help of a domestic violence lawyer in your area. When the police are contacted in a domestic violence incident, it is mandatory that an arrest takes place if there is any suspicion whatsoever. This mandatory arrest can prevent you from seeing your children, deny you the right to bare firearms and have other severe consequences for you and your family.

What is Domestic Violence?

Domestic Violence usually involves physical assault and battery; however, many other acts can equate to domestic violence charges, including emotional abuse, threats, damage of personal property and economic abuse. By definition, domestic violence includes any act of coercion, control, punishment, intimidation or revenge against an intimate partner. For instance, if a woman is upset with her spouse for cheating and slashes his tires for revenge, this would be considered an act of domestic violence. It would not matter if the spouse was present at the time of the crime.

What are the potential consequences of a domestic violence charge in Colorado?

Domestic violence can be charged as either a misdemeanor or felony charge. There are some general guidelines used to make this determination such as, whether or not the victim is a child, whether or not a child is present, the severity of injuries and the criminal history of the defendant.

1. Treatment – Court orders in Colorado will always require the completion of a treatment program and evaluation in both misdemeanor and felony cases. The court can require treatment plans and programs for first time offenders as well as require them for deferred judgment cases.

2. Fines and Fees – Fines usually include court fines and fees, treatment costs as well as the cost of probation if granted. These fees will be required in full before probation is complete.

3. Gun Rights – Both state and federal law mandates that anyone convicted of a domestic Violence charge cannot possess a firearm. This is a lifetime ban.

4. No contact orders – If you are arrested for a domestic violence crime you will receive a mandatory restraining order. This order means that you cannot have any contact with the victim on record during the period of the restraining order. This usually lasts at least seven days and a court hearing will have to take place. During this time frame, it is important that the defendant do not contact the victim in any way, or they may face new criminal charges. Contact through third-party friends and family is also prohibited and may result in new charges.

5. Jail sentencing – If the crime is severe enough, or if the defendant is considered a habitual offender, the prosecuting district attorney may seek a prison sentence. A misdemeanor domestic violence charge can result in a jail sentence of up to two years maximum. Many of these crimes are probation eligible and sentencing can be reduced or eliminated with proper defense. A felony domestic violence charge can result in incarceration in a state or federal prison facility for one year to life, depending on the offense, prior convictions and other factors surrounding the incident. If you are facing a felony domestic violence charge, it is important that you discuss your defense possibilities and sentencing options with an experienced domestic violence lawyer as soon as possible.

What should you do if you are charged with a domestic violence crime?

1. Remain silent – Do not try to defend yourself during the time of the arrest. These moments are usually emotionally charged and may negatively effect your case. Do not make any statements to the prosecutor, District Attorney, deputies or judges.

2. Ask for an attorney – Buy yourself time for consultation and case review. Ask them to provide you an attorney or hire a domestic violence lawyer that is experienced in your area. This will not impact your case negatively. This is a basic civil right.

3. Do not contact the victim at all for any reason. This will result in new charges and create a case against you. Follow all court orders and directions.

4. Take your charges seriously. Do not possess firearms, drugs or alcohol while awaiting your trial. Any infraction of the law during this time frame will increase the charges against you and create a case for the prosecuting attorney. Remember, the victim cannot drop the charges. The District Attorney will pursue the case regardless of the victim’s request.

Domestic violence charges can change your life. If you are looking for a domestic violence lawyer in Grand Junction or the Mesa County surrounding areas, please call LaCroix & Hand P.C. for a free consultation. Our experienced attorneys have over 50 years of combined experience and have been serving Western Colorado since Tom LaCroix founded the firm in 1977. You deserve an attorney who is committed to professional service that will advocate vigorously for your interests. Learn more about LaCroix & Hand domestic violence attorneys or visit our contact page to request a consultation.

Do you need a criminal defense attorney?

Mon, 22 Aug 2016 16:54:00 GMT

Do you need a criminal defense attorney?

Have you recently been accused of an alleged criminal offense? If so, you may be worried about the damage to your reputation and relationships that a conviction could cause. In fact, it can be quite frightening, especially if you are facing charges that could seriously impact your future.

It can be challenging to navigate the Colorado legal system. It is important to have dedicated representation for charges related to DUI, theft, violent crime, drugs, criminal appeals and other criminal charges. It is important to find comprehensive, client-focused criminal defense legal services so that you can defend yourself from criminal charges in court.

Facing Criminal Charges?

If you have been charged with a crime, you need a competent attorney that has the knowledge and the experience to defend your rights. Grand Junction criminal law can be confusing and you need expert help to ensure you are protected. Some of the charges you may need to seek legal guidance for:

Theft and property cases – Theft crimes are serious charges that could mean decades in prison and thousands of dollars in fines. While some misdemeanor crimes can result in probation or community services, others convicted could face felony records. There are five different classifications regarding theft in Colorado, a class one or class two offense is considered a misdemeanor while a class three or higher is considered a felony. There are also at least ten different specific types of theft including: larceny, identity theft, robbery, fraud and extortion. An experienced criminal lawyer can help you to sift through the legal specifics to understand your unique case.

DUI and DWAI cases – DUI stands for driving under the influence, which, for adults in Colorado, is described as driving with a blood alcohol content of 0.8% or greater. DWAI stands for driving while ability impaired which, indicates a blood alcohol content of between 0.05% and 0.08%. A DUI or a DWAI is a serious charge that could result in substantial fines, loss of license and even jail time. A criminal lawyer can help to ensure that the consequences of a DUI or DWAI do not permanently affect your future.

The most important difference when facing a DWAI charge versus a DUI charge is related to your driver’s license. A first offence of a DWAI does not result in the revocation or your license under Colorado criminal law. It is also much easier to get a DWAI charge dropped with the help of an experienced criminal lawyer because blood alcohol of over 0.05% is not automatically proof of impaired driving. Visits this link for information about Colorado DUI limits and possible legal penalties .

Drug crimes – Are you facing drug charges in Colorado? Drug laws can be harsh and may result in significant jail time. You need an experienced attorney to help you mount a successful defense against charges related to heroin, methamphetamine and prescription drugs including manufacturing or cultivation, unlawful possession, trafficking and drug paraphernalia charges.

In Colorado, it is legal to possess small amounts of marijuana for personal use if you are over 21 years old. Possession of more than 1 oz. of marijuana or six marijuana plants can result in criminal charges. The legal implications of marijuana distribution or consumption can impact your life as much as any other drug crime without the proper legal council. Check this website for the most current information regarding Colorado marijuana laws .

Considering an appeal for unfair criminal charges or mistrials?

Even if your case has not concluded in your favor, you may still have options. Most cases have valid legal concerns that can and should be appealed by a competent attorney. An appeal can help you to reduce your charges with the help of an experienced lawyer. If you were not properly represented during your trial, the court made a mistake or new evidence has been discovered, you may be able to appeal your case. If you have been charged with a crime, it is recommended that you seek experienced legal advice immediately to protect your rights.

Contact LaCroix & Hand , experts in Colorado criminal law , for advice and direction about your criminal law case.