October 10, 2022in Contempt

What exactly is Contempt of Court?

If you are facing a contempt of court charge, it is important to have an attorney who understands the law and can help you build a strong defense. Contempt of court is a serious offense that can result in jail time, so it needs to be taken seriously. An experienced contempt attorney can help you navigate the legal system and protect your rights.

Contempt of court is a criminal offense when someone willfully disobeys a court order or violates the court’s dignity. There are two types of contempt: civil and criminal. Civil contempt occurs when someone breaks a court order, such as failing to pay child support or not showing up for jury duty. Criminal contempt occurs when someone interrupts a court proceeding or commits a crime in the presence of a judge.

Civil Contempt:

A civil contempt case is a legal proceeding in which someone who has been ordered to do something fails to do it. The court can find the person in contempt and impose fines or other penalties.

The purpose of a civil contempt proceeding is to enforce an order of the court. It is not to punish the person who has been found in contempt.

A civil contempt proceeding is usually initiated by the party seeking to enforce the court order. That party must file a motion with the court, asking that the other party be found in contempt.

The court will then set a hearing for both parties to present evidence and arguments. After considering all of the evidence, the court will decide whether or not the person who has been accused of contempt has violated the court order.

If the court finds that the person has indeed violated the order, it can impose a variety of penalties, including a fine, jail time, or both. The court will also usually order the person to take whatever action is necessary to comply with the original order.

Criminal Contempt:

A finding of contempt of court is a judgment that a person has disobeyed or disregarded a court order. It can also be found where a person has interfered with the administration of justice, or where they have acted in a way that shows disrespect for the court. A finding of contempt can result in a range of penalties, including a fine, imprisonment, or both.

The consequences of a finding of contempt depend on the severity of the offence and the jurisdiction in which it is made. In some jurisdictions, a finding of contempt is a criminal offense, while it is treated as a civil matter in others.

In most jurisdictions, there are two types of contempt: direct and constructive. Direct contempt occurs when someone disobeys a court order or commits an act of disrespect in the presence of a judge. Constructive contempt occurs when someone violates a court order without being present in court.

If you are guilty of contempt of court, you may be fined and/or sent to prison. The maximum sentence for contempt of court is usually two years imprisonment, but it can be longer in some cases. In some jurisdictions, a fine is the only penalty for contempt of court.

If you are facing contempt of court charges, you should seek legal advice as soon as possible. Our experienced lawyers can advise you on the best course of action and represent you in court if necessary.

Contempt of court is punishable by a fine or imprisonment. In some cases, the offender may be required to perform community service. If you are facing a contempt of court charge, it is important to have an attorney who understands the law and can help you build a strong defense. Our experienced contempt attorneys can help you navigate the legal system and protect your rights.

October 3, 2022in Wills

Wills 101- A plan for after you’re gone

What is a will?

A will is a document that establishes your wishes regarding what should happen to your property and assets after you die. A will can also appoint a guardian for minor children.

Why do I need a will?

A will ensures that your assets and property are distributed according to your desires. Without a will, the laws of intestacy in your state will determine how your property is distributed. Additionally, if you have minor children, a will allows you to appoint a guardian for them in the event of your death. The court will decide who should care for your children if you do not have a will.

What should I include in my will?

Your will should list all of your property and assets and how you wish for them to be distributed. It would be beneficial if you also named an executor for your will, who will be responsible for carrying out your requests after you have passed. Additionally, if you have minor children, you should appoint a guardian for them in your will.

How do I make a will?

You can either draft your own will or hire an attorney to help you. If you draft your own will, it is important to ensure that the document is properly executed and witnessed. If you hire an attorney to assist you with your will, they can help ensure that the document is adequately managed and witnessed.

Can I change my will?

You have the ability to change your will at any time. However, ensuring that any changes you make are correctly executed and witnessed is important. Otherwise, the court may not recognize the differences.

What happens if I die without a will?

When passing without a will, your property and assets will be distributed according to the laws of intestacy in your state. If you have children, the court will still appoint a guardian for them. Therefore, having a valid will in place is important to ensure that your property and assets are distributed to your child(ren) and that your children are taken care of by the guardian of your

What is not covered in a will?

Many things are not covered in your will. The first thing that is not covered is your retirement accounts. Retirement accounts have beneficiary designations that control who gets the money in the account when you die. Your life insurance policy is also not covered. Life insurance policies have beneficiary designations that control who gets the death benefit when you die. Bank accounts often have payable-on-death (POD) or transfer-on-death (TOD) beneficiaries that control who gets the money in the account when you die. Brokerage accounts often have transfer-on-death (TOD) beneficiaries that control who gets the money in the account when you die. Property that is held in joint tenancy with someone else will also not be covered solely on your will. Jointly owned property passes to the surviving owner(s) when one of the owners dies. This also includes property that is held in a living trust. Property held in a living trust passes to the trust’s beneficiaries when you die.

A will is a valuable document that can help tie up loose ends when you’re gone. A will should not be procrastinated if you want to ensure security for the people you leave behind. Please get in touch with our office about wills or estate planning. We would be happy to assist you.

August 29, 2022in Construction

Staying Protected Against Construction Disputes

Construction disputes can arise for a number of reasons, from disagreements about the quality of work to issues with payment. If you’re involved in a construction dispute, you may need legal help to resolve the issue.

Some common types of construction disputes include:

Disputes about the quality of craft: If you believe that the work completed on your construction project is not up to standard, you may have a dispute with the contractor or builder. You’ll need to prove that the work was not completed as specified in the contract and that this has resulted in financial damages.

Payment disputes: Payment disputes are one of the most common construction disputes. Conflicts can occur when a contractor or subcontractor has not been paid for work completed or when there is a disagreement about the amount of money owed. Payment disputes can also arise when the owner or developer withholds progress payments.

Disputes about the delay: Construction projects often experience delays, but if the delays are significant and result in financial damages, they can lead to conflicts. Delay disputes can be caused by several factors, such as bad weather, material shortages, or problems with the project’s design.

Construction defects: If you discover defects in your home or business construction, you may have a dispute with the builder or contractor. Construction defects can include structural problems, leaks, and electrical issues. You’ll need to prove that the defects are severe enough to cause financial damages.

How to Resolve and Prevent a Dispute:

Communicate: Disputes can arise when either party fails to create or maintain communication. Both parties should share their ideas and expectations of a project during construction to ensure miscommunication does not happen.

Keep records: Make sure you have everything in writing. Information you should write down includes letters, emails, photos, diaries, notices, and even specific conversations or any changes or agreements made after the initial project has started. Keeping these records in writing helps keep both parties responsible for any agreements.

Have Clear Payment Terms: Your contract should state the dates on payments that need to be made by a specific date, any issues with payments, and when the payments are released.

Negotiate: This is the easiest, least expensive solution both parties can do before moving to other forms of resolutions.

Go to Mediation: Mediation is when both parties add a neutral third party to help resolve a dispute or issue. Mediation is not legally binding but is an effective way to dispute a situation before it worsens.

Arbitration: Another form of resolution where a neutral third party is involved, but unlike mediation, the arbitration will give a final verdict to a conflict. Arbitration is also more expensive than mediation and can also be legally binding.

Litigation: Litigation is a legally binding resolution that is the most complex and costly. Litigation can be very slow moving, so try to resolve the issue with a more uncomplicated form before this.

If you’re involved in a construction dispute where you cannot agree, it’s vital to seek legal advice as soon as possible. A lawyer with experience in construction disputes can help you understand your rights and options and will work to resolve the issue in a timely and effective manner. Contact Penrod & Swenson for all contractor disputes.

August 22, 2022in Motorcycle

What to do in the Case of a Motorcycle Accident

Motorcycle Care- Keeping Yourself Safe While Riding

Motorcycles are loved by many. Motorcyclists have various reasons why they love to ride. Between passion, speed, friendships, and fun, there is a surge of thrill and adrenaline when riding. Motorcycles require alertness and maintaining focus while you can feel the air pass through you and experience different smells of the earth. Riding, however, can also put the rider in danger. Whether it is another car not paying attention or feeling like you can pull something off, you must be aware of the risks and safeties of riding.

What are the most common motorcycle injuries?

The most common motorcycle accident injuries include lower-extremity injuries. Lower-extremity injuries are injuries that occur below the waist. Your legs and pelvis withstand more impact from a collision due to the position on the motorcycle. Depending on how severe of an accident, this injury may lead to the victim becoming disabled or unable to walk or move for an extended period. The second most common motorcycle accident injuries are upper-extremity injuries. Upper-extremity injuries include the abdomen, arms, neck, and face. Upper-extremity injuries can occur more depending on the motorcycle’s size, the rider’s age, or the space the bike takes up, creating a greater risk of hitting structures like other cars or barriers. Upper-extremity injuries can lead to broken bones, prolonged treatment, or brain damage.

What can the motorcyclist do to prevent accidents?:

Always wear protective gear. Only 60% of motorists actively wear protective equipment. Equipment includes a helmet, eye protection, long pants, a quality jacket, full-fingered gloves, and closed-toe shoes. Protective gear can be warm in the summer but helps protect your body during accidents when making contact with the road or surrounding items. Wearing protective items can reduce injuries by up to 73%, and armored protective gear can reduce the risk by up to 90%.
Never drink and drive. Although this applies to all vehicles but is even more important while driving a motorcycle. Alcohol is known to slow reaction times and judgment. While operating a motorcycle, alcohol will create issues with balance and coordination.
Never share lanes with a car or ride between traffic. Drivers will not expect to share a lane with a motorist while driving. A vehicle may not see you in their blind spot or may open a door or pull out in front of another car, not seeing you leading you to crash into it.
Observe the rules of the road. Slow down and take all the precautions that you can. Although many factors are outside your control, make sure you make intelligent decisions and stay alert while driving.

What happens if an accident occurs?

If you have been injured in a motorcycle accident that is not your fault, you may be compensated through a personal injury lawsuit against the negligent driver. Typical settlements in motorcycle accidents include:-Medical expenses: Medical expenses are the most common settlement in motorcycle accidents, including hospital bills, doctor’s visits, and prescription costs. Lost wages: Lost wages are the second most common settlement in motorcycle accidents., including lost wages from being unable to work due to injuries. Property damage is the third most common settlement in motorcycle accidents, including damage done to the motorcycle or any personal property damaged in the accident.

When dealing with a motorcycle injury accident, it is crucial to reach out to an expert attorney as soon as possible. An expert attorney, such as Penrod & Swanson, will gather evidence, reach out to witnesses, and negotiate low-ball sums from insurance companies or rejections for a settlement. Reach out to Penrod & Swanson to handle your motorcycle accident claims. Call us at (208)904.0075.

August 15, 2022in Police Misconduct

What to Do After Becoming a Victim of Police Brutality

Every day, relationships are broken between civilians and police who abuse their power. Most police offers are loyal to their jobs and want to protect their communities. However, this is not always the case. If you have been the victim of police misconduct or brutality, you can take steps to protect yourself and your rights. Know that as a civilian, you have certain protections against police brutality. Police who break the rules and regulations or commit illegal or inappropriate actions can violate state, federal, or police rules and regulations.

What is Police Brutality?

Police brutality refers to the use of excessive force by police officers. Forms of brutality include physical force, verbal abuse, or sexual assault. Other forms of misconduct include racial abuse, torture, or the use of riot control agents against civilians. If you have been the victim of police brutality, it is essential to document what happened. Documents include taking photos or videos of injuries and getting witness statements from anyone who saw what happened. Below we will address more ways to protect yourself by documentation.

What should I document?

Documenting what has happened and what you have requested is crucial when being a victim of police misconduct. Police officers serve the community and are responsible for seeking help for the victims they have hurt as long as it does not put them in danger. Sadly not every officer will do the right thing and withhold medical attention to victims. Here are some items you should document to protect yourself.

Document the name, badge id number, police department, and officer who hurt you.
Names, ids, department ids, officers, or witnesses who saw the incident.
Dates, times, and locations of the incident. Anywhere you were placed or put in between or after the incident.
Photos of any injuries.
Locate and document any buildings in the area that may include video surveillance of the incident. (It is vital to get legal representation immediately to ensure the police department does not delete the videos).

Who should I contact?

It is also important to contact a lawyer who specializes in police misconduct cases. They will be able to help you understand your rights and options and can help you get the compensation you deserve. A lawyer specializing in police misconduct can stay ahead of the game assuring police departments do not destroy evidence of a scene or sweep anything under the rug. They will also fight for appropriate action to be taken against the officer. They can prove signs against discrimination, illegal motives, illegal tracking, segregation, or unethical conduct of a police officer connecting to their duties. Hiring a professional can also ensure financial compensation for property damage, medical treatment, and wage losses due to police misconduct. A lawsuit may also grant monetary compensation. Contact Penrod and Swenson now for your legal consultation today.

July 19, 2022in Criminal Defense

6 Criminal Charges a Defense Attorney Can Help Fight

A defense attorney can help you fight all sorts of criminal charges. Here are six of the most common charges:

DUI/DWI

One of the most common criminal charges is DUI/DWI. If caught driving under the influence of alcohol or drugs, you can face serious penalties, including jail time, fines, and a license suspension. A defense attorney can help you fight these charges and try to get them reduced or dismissed.

Assault

Assault is another common criminal charge. If you are accused of physically attacking someone, you could face jail time and significant fines. A defense attorney can help you contest the charges and try to get them reduced or dismissed.

Theft

Theft is a standard charge, especially if the value of the stolen property is high. If caught stealing, you could face jail time and significant fines. A defense attorney can help you fight the charges and try to get them reduced or dismissed.

Drug Possession

If you are caught with illegal drugs in your possession, you could face severe penalties, including jail time and fines. A defense attorney can help you fight these charges and try to get them reduced or dismissed.

Probation Violation

If you are accused of violating the terms of your probation, you could face serious consequences, including jail time. A defense attorney can help you fight these charges and try to get them reduced or dismissed.

Expungement

If you have been convicted of a crime, you may be able to get your record expunged, which means it will be erased from your public record. A defense attorney can help you navigate the process and ensure that your rights are protected.

If you are facing any of these charges, it is essential to seek the help of a qualified defense attorney as soon as possible. An attorney can help you understand the charges against you and give you the best chance of fighting them. Contact a qualified defense attorney in your area today to discuss your case.

July 12, 2022in Divorce

Seeking a Divorce in Idaho

When it comes to a divorce, one of the most contested issues is usually who gets to keep the family home. This can be a particularly thorny question for couples with children, as the home is often seen as a key element in providing stability and continuity for the kids. In many cases, one spouse will end up keeping the house while the other is forced to move out.

Several factors can influence who gets to keep the house in a divorce. In some cases, the couple may have purchased the home during their marriage, and they will both be listed on the title. If this is the case, both spouses will likely have an equal claim to the property. In other situations, one spouse may have been responsible for making all of the mortgage payments while the other contributed nothing financially to the purchase of the home. In this case, the spouse who paid for the home would likely be entitled to keep it in a divorce.

Another critical factor that can determine who gets to keep the house is who currently resides in it. If one spouse has been living in the home while the other has been living elsewhere, then the former may have a stronger legal claim to it. This is especially true if minor children are involved, as the courts will often prioritize their stability and continuity in these cases.

Ultimately, who gets to keep the house in a divorce is a decision that will be made on a case-by-case basis. There is no one-size-fits-all answer, as each situation is unique. However, understanding the various factors that can influence this decision can help you better prepare for what may happen during your own divorce proceedings.

If you are facing a divorce and have questions about who may get to keep the family home, contact an experienced family law attorney in your area today. They can help you understand your rights and options under the law.