As DC, Virginia and Maryland family attorneys, one of the services we cover at Hecht & Associates is drawing up prenuptial agreements. This can sometimes be a sensitive subject for couples who are considering marriage. As you may have seen on television, it is a legally binding agreement that dictates the division of assets for each individual in the event of divorce or the death of one of them. However, as many things on TV are dramatized, so is the prenuptial agreement. It is often portrayed as a ploy by a wealthy man to safeguard his riches from a woman his family does not trust. In reality, however, this is usually not the purpose for our family lawyers in Maryland, Virginia and DC when drawing up prenuptial agreements for our clients.

Prenuptial agreements can provide full disclosure to both parties regarding their financial holdings, properties and assets. They are also set up to dictate that each party will leave the marriage with the same division of assets as it began, should the union end in divorce or in the death of one spouse. It is not a hint or insinuation that the marriage will fail; many couples with prenuptial agreements stay together for the rest of their lives. The prenuptial agreement should be viewed as a safeguard for many couples that, in the unlikely event they do not stay together, the separation and divorce will be as simple and as quick as possible. Since all of the financial details have already been agreed upon, there are fewer arrangements to be made. It also signifies that the union is about love, not financial gain.

The next time someone talks about getting a prenuptial agreement, try not to think about the stereotype as portrayed on TV. Consider it a legally binding agreement between two people who are planning to spend the rest of their lives together, but do not know what the future will bring.

When someone is involved in a legal battle, whether it pertains to criminal, civil or family matters, their attorney will ask for an abundant amount of information. Some of it may seem irrelevant to the matter at hand, while some of it may seem very personal. This is especially true when dealing with a Maryland divorce lawyer or a child custody attorney. However, it is the basic standard procedure for all experienced and effective lawyers.

At Hecht & Associates, we want to respect your privacy, but we also request this information for very specific reasons; it helps us to better understand your situation and represent your best interests. For example, if you are going through a divorce, we may ask you when and where you were married, how long you and your spouse have been separated and whether you have any intention of rekindling the relationship. We will also request some financial and employment information. Depending on the reasons for the divorce and separation, other issues may come up which could also require documentation or sharing of information on very personal issues.

As your Maryland child custody lawyer, we may ask a lot of detailed information about your children, such as their names and ages, who their parents are and where they presently live. As the case progresses, we may also give you a list of questions to answer under oath as presented by your spouse’s child custody attorney. In the State of Maryland, there are specific rules and guidelines that are used to help the parties determine who gets custody, who pays child support and how much. Other issues that need to be ironed out in a divorce and child custody suit include visitation and healthcare expenses.

As you go through legal battles, such as separation, divorce and child custody, you can best help your case by giving your attorney the information requested as promptly as you can. Even if you think it will hurt your case, we can work together to devise a strategy to protect your rights and work towards the best possible outcome.

At Hecht and Associates, we handle many different types of cases for our clients, including family law, civil cases and criminal charges. Oftentimes, we receive questions from potential clients about federal versus state jurisdiction. Our Maryland and DC criminal attorneys are licensed to handle both federal and state cases, and it is very important that someone is represented by a lawyer qualified in the right court system, often referred to as a jurisdiction. There are many variables involved, but there are some general rules of thumb that simplify the confusion of whether someone could be faced with state or federal charges.

One of the major differences is the amount of time served for penalty when someone is convicted. The federal penal system has prisons in a number of places throughout the country, and most of them are nowhere near the location of the crime or the inmate’s home. A state case, however, has lesser penalties. The time served is in a prison run by the state where the crime was committed.

State crimes are charged and tried in the state where the crime was committed. If the offense was committed on federal property or against a federal agency or property, it will likely be handled in a federal court. Crossing state lines or committing multiple offenses in multiple states can also merit federal charges.

Where the confusion often comes into play is that certain types of crimes are usually treated as federal rather than state crimes. They may be especially violent or far-reaching, such as certain murder cases or a bank robbery. Whether you need a federal or state criminal attorney in Maryland or DC, contact Hecht & Associates. We may be able to help.

When a Maryland couple is contemplating divorce, they often begin with a separation. While this may or may not lead to divorce, the steps taken during separation can have a profound effect on one if it comes to that. Thus, it is very important to have a Maryland divorce lawyer when a separation agreement is put into place. If a separation agreement is signed by two parties and one later files for divorce, the signed agreement is considered by a judge when making important decisions in the case. One of the most significant aspects about the separation agreement is that it sets a precedent for the individual case. If something has already been agreed to by both parties, it is unlikely to change when the separation becomes a divorce; this typically applies to things such as the division of marital assets, child custody and who lives where.

The misconception that a separation agreement can be easily changed or remedied if divorce becomes a reality instead of a possibility can greatly impact a divorce settlement. While it seems easier to be agreeable and simply let the other party have their way by signing an agreement while reconciliation is still possible, it often turns out that it cannot be undone. In fact, the ground rules are seldom revamped unless there is a significant change in circumstances. Consulting with a Maryland separation and divorce lawyer before signing anything will, at the very least, help the client understand how separation agreements and divorce settlements work in the State of Maryland.

In many cases, a divorce case with a signed separation agreement is viewed as an uncontested divorce. While a separation agreement helps the divorce process move along more smoothly and quickly, it is usually considered a legally binding document. As with all legal documents, separation agreements should be read over slowly and carefully before they are signed. If any questions arise, a lawyer should be consulted before making any commitments.

As the seasons change, so does Hecht & Associates. If you have recently been in contact with our Maryland family law practice, you may have noticed a few changes we have made to better serve our clients.

New Location
Hecht & Associates recently moved to a new location. Our office is still in Silver Spring, MD, but we have a little extra room to support our growing practice of DC, Virginia and Maryland family lawyers. With the additional space, we have more room for personnel, research and even depositions. As aggressive divorce, custody and child support lawyers, we are one of the largest family-based law firms in the area.

Our new address is 1100 Wayne Avenue, Suite 600, Silver Spring, MD 20910.

Although our office is centrally located in Montgomery County, we also regularly practice family law in Prince George’s, Howard, Baltimore, Anne Arundel and Charles counties in Maryland. In addition, we practice in the District of Columbia and Northern Virginia court systems, as well as Federal Court.

New Attorney
You may have already met the latest addition to our firm, James T. Hittinger, Esquire. He is a DC, Virginia and Maryland family attorney. With a background in family practice, criminal defense and civil cases, he is a welcomed addition to our team.

You basically need an attorney who practices law in the jurisdiction where you are being questioned or charged. For example, if you live in Maryland and are arrested in Silver Spring, you need a Maryland criminal defense lawyer. If you live in Washington, DC, but you are arrested for a crime in Baltimore, you still need a Maryland criminal defense attorney. Different types of lawyers handle different types of cases. If you are charged with violating a state or federal law, you would need a Maryland criminal defense attorney who can represent you in the state or federal jurisdiction where you are charged. Not all lawyers handle all types of defense.

Hecht & Associates provides legal defense for those charged with state and federal crimes in Maryland and DC. We provide legal representation and advice for those charged with any type of misdemeanor or felony, including very serious crimes. We also handle drinking and driving and traffic offenses.

Everyone charged with a crime is innocent until proven guilty. When faced with possible charges, it is wise to call a lawyer. The police are not going to look out for your best interests; they are trying to solve a crime. You need someone on your side to make sure that all procedures are properly followed and you are treated fairly.

A criminal attorney assists you with your case from questioning or interrogation through all steps of the process, including arrest, arraignment, preliminary hearings, trials, incarceration and appeal.

One common misconception that people have is that only the innocent need a criminal lawyer. If you have been charged with a crime, you need a criminal lawyer. If you did commit the crime, you still need someone to represent your interests, make sure you are treated fairly and can present a strong defense for the best possible outcome to your case.

When marriage doesn’t last forever, coming to a legal parting of the ways can be stressful. Divorce is often an emotionally charged process with many complications and  compromises involved. A Maryland divorce lawyer can help to speed up the process, making it less stressful and ensuring the best possible outcome for his client. Whether or not children are involved in the marriage often has a big impact on the focus of the negotiations and agreements.

The most important aspect of divorce for couples who do not have children or whose children are grown usually involves the division of assets and expenses. Another common focus is the payment or receipt of alimony. It is often easier for couples to talk lawyer-to-lawyer than person-to-person. It is also faster to have a legal professional involved who knows what paperwork has to be filed where and when.

For couples with children, custody is quite frequently a hotly contested issue. While both parents are usually looking out for the best interests of the children, it is common for each parent to believe that they are what’s best for the children. A Maryland custody lawyer can help to settle the issues of where the children will live, how visitation will work and the particulars of child support more quickly than if the parent was going through the divorce without legal representation.

The divorce lawyers at Hecht & Associates are well-versed in Maryland family law. If you are going through the difficult process of divorce or a child custody battle, they can help you to understand how the marital assets are divided and what you are legally entitled to under Maryland law. They can also help you understand what the Court believes makes a good custodial parent, and how child custody and visitation work through the Maryland legal system.

Since a divorce lawyer understands what the requirements and procedures are, these matters can be resolved more quickly, often before reaching the battle stage in court.

Hecht & Associates handles many different types of legal cases. Our firm’s legal counsel may serve as your Maryland or DC family lawyer. Most of these of cases are civil cases, including divorce and child custody. Other types of civil cases we cover include business and real estate cases.

In civil litigation cases, attorneys are not allowed to talk to certain witnesses without the knowledge and presence of counsel for the other side of the case. This keeps both sides from learning about secret information and surprising the other during trial. After a civil lawsuit has been filed, a formal question and answer session may be arranged between our corporate or family attorneys, opposing counsel and the various witnesses. This is called a deposition.

The witness is served a notice to appear at a certain place and time. For example, of you are involved in a Baltimore divorce suit, your Maryland divorce attorney may take the deposition of your soon-to-be-ex-spouse. The individual is required to appear. They may wish to bring their attorney for legal advice and to protect their interests. The attorney or attorneys present represent the various parties in the case. Sometimes the parties suing or being sued are also present. The lawyers can ask questions that are likely to lead to information that is relevant and important to the case. The witness is sworn under oath and must answer the appropriate questions.

The testimony given is as lawful as if it were taken in a court of law. A court reporter, or stenographer, is present at the deposition to take down all of the questions and answers as a record. It may be typed up later into a booklet and certified. The deposition testimony may be used as evidence in the case should it go to trial.

Silver Spring, MD – February 25, 2011 – Hecht & Associates LLC announced this week that it has expanded its law firm to better serve its clients in the Suburban Maryland, and Washington, DC areas. Jennifer Valinski, Esquire, and paralegal Megan Jordan have joined the practice, which specializes in family law, criminal defense, and civil litigation.

“We are very pleased and excited to have both of them join our team,” said Spencer Hecht, Esquire, principal and founder of Hecht & Associates. “Their significant knowledge, drive and commitment to excellence will fit in well with our existing legal staff.”

As a member of the Maryland State Bar, Valinski has been practicing law in local, state and federal courts for the past 10 years. She has a background as a Maryland family attorney with experience in general civil litigation. Valinski graduated from Michigan State University with a bachelor’s degree in political theory. She earned her law degree cum laude from the Detroit College of Law at Michigan State University.

An experienced paralegal with a criminal defense background, Jordan assists Hecht and the firm’s other attorneys as needed with research, client contacts and drafting motions and pleadings. She brings to the practice several years of experience in criminal cases, and office management. An Alaska native, Jordan has a bachelor’s degree from the University of San Francisco with a major in political science and minor in criminal justice and legal studies.

“As a growing law practice, we want our clients to continue to receive top legal representation and excellent customer service from our firm,” said Hecht. “We are proud of the wealth of knowledge each of our associates and staff members has to offer our clients in the legal arena.”