Category Archives: evidence

Most Frequently Requested Legal Issues Explained

Tracy A. Cinocca Posted on by

In almost two decades of questions from the public at large, I have determined the top five issues people have that compel them to contact an attorney, & created a video for each. 5. Injuries. The public at large is concerned as it should be about what to do if injured. The answer to this question varies greatly depending on the facts and circumstances of your injury. We created a general video to talk about the large umbrella called “tort” law. What might be a tort and what may not be a tort? Could you have a claim? We recommend before contacting an attorney, if you are unsure, think about safety. Did someone fail to keep premises safe? You may already know the area of tort such as an automobile accident or a slip and fall. But what about a child who jumps on an oil rig and his leg … Continue reading →

National Law Day & the 50th Year Anniversary of Miranda

Tracy A. Cinocca Posted on by

May 1st is National Law Day! This year’s Law Day which was Sunday, May 1, was extra special. This is because it is also the 50th anniversary of the landmark 1966 decision of Miranda v. Arizona, 384 U.S. 436 (1966). This case marks the beginning of Miranda rights required to be stated to a person under arrest. This includes rights protected by the 5th Amendment. This includes the right to remain silent; that statements by the suspect may be used in court; that the suspect may consult with a lawyer during interrogation; and that a lawyer will be provided, if the suspect cannot afford one. The Miranda rule helps balance police interrogation with an individuals rights. However, so many of us allow our individual rights to be usurped when we believe we have nothing to hide. In speaking to the police anything you say will be used against you. Nothing you say … Continue reading →

How to Choose a Lawyer Video

Tracy A. Cinocca Posted on by

The first video I made several years ago is called “How to Choose A Lawyer.” Here is what I said which still applies.  First, you want to make sure that your attorney is qualified. Second, you want to see if you like the attorney’s personality and if you think they’re a good match for you. Third, you want to look at their business practices and procedures. Fourth, you want to have a feeling you can trust your attorney to do the right thing for you when you aren’t there. ARE THEY QUALIFIED? Choosing a lawyer can be a difficult and maybe overwhelming experience. There are so many choices and so many options. Of course you want your attorney to be qualified. You need to have an attorney who is qualified in the area of law, that your issue is in. Try to know and try to understand what area of law it is … Continue reading →

The Summons and Notice of Automatic Injunction

Tracy A. Cinocca Posted on by

So, either you have served your spouse or your spouse has been served. What happens on service? Unless waived by the parties, page two of the Summons you receive on service with your Petition contains many do’s and don’ts during the pendency of your divorce. Click here for the Summons and Notice of Automatic Injunction form. The language is a bit complicated and sometimes hard to apply to your facts. But here are a few examples: 1. Do not disturb the peace of the other party; 2. Do not open or divert the other’s party’s mail; 3. Do not cancel health or life insurance benefits. As a basic rule, if you spend money, be able to account for it and answer for the expenditure or you may be in trouble! Read the language in the automatic injunction carefully, and be prepared to discuss any questions with an attorney! We’re always here to help.

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How To Prepare For A Lawsuit

Tracy A. Cinocca Posted on by

In almost any contested domestic matter, you will need to prepare the following items: A List Of Potential Witnesses Include their contact information and anticipated testimony. If you have identified more than one witness who can testify about the same thing, then indicate which one you think would be best and why. Some cases are simple and only require the testimony of one or both parties—in many divorces this is the case. The Court appreciates if you are respectful of their time and do not unnecessarily duplicate witness testimony unless critical. Initially, however, do not be shy on identifying everyone who may have knowledge about issues in your case.

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Cancer Patients Dealing with Divorce

Tracy A. Cinocca Posted on by

Cancer patients in family law courts face many issues about their personal care and that of their children. It is highly likely in most divorces and all custody battles that the parties’ medical conditions will be at issue. When the health of litigants is an issue, litigants should carefully consider insurance coverage available through private plans, COBRA, and/or federal programs, like Medicaid, SSI and SSDI. How these patients will be able to acquire insured and uninsured treatment for their care is a critical consideration. Knowledge of HIPPA regulations is important for acquiring medical records and bills that may be at issue in any divorce to prove or disprove any claims or defenses. A cancer patient’s need for spousal support may well be influenced or fully supported by their medical needs. Some Courts may make property distributions in lieu of alimony.

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