It’s best to build a network of support from the start. Relying on experienced legal support in the courtroom allows a concerned spouse to stay in the background, where the narcissist can’t try to trigger a confrontation.
A narcissist uses gaslighting techniques and other emotionally abusive behavior to try to gain control. Keep the phrases shown in the following list in mind to help diffuse emotional outbursts while navigating a divorce:
Do not “take the bait” when a narcissist tries to spark an explosive reaction.
Many people have found it helpful to attend therapy sessions after breaking off a relationship with a narcissist. Regarding divorce, and especially if a spouse’s narcissistic behavior has negatively affected children, counseling might be an effective means of support. It’s also a good idea to meet with a financial adviser and to obtain legal support to ensure a fair settlement under Minnesota divorce and property division laws.
]]>What you may not know is that the roadside breath testing device, also known as a “preliminary alcohol screening” (PAS) device, is not the same as a chemical Breathalyzer device. The latter typically follows a DWI arrest, while the former occurs during a traffic stop. Failing either test spells legal problems; however, you are under no obligation to take a PAS test.
If an officer arrests you for suspected DWI in Minnesota, you are subject to the laws of this state, even if you obtained your driver’s license in another state. Implied consent laws in this state require driver’s license suspension for refusing to take a Breathalyzer or other chemical test upon request following a DWI arrest. However, you are free to decline a request to take a PAS test during a traffic stop. There are no penalties for refusing.
A PAS device detects the presence of alcohol on a person’s breath. It does not matter if your blood alcohol content (BAC) level is below the legal limit for driving, if you fail a PAS test during a traffic stop, the officer can take you into custody for suspected drunk driving. If you then pass the Breathalyzer test, you might be able to leave without facing criminal charges.
It’s important to understand that a PAS device cannot measure BAC in a person’s blood. That is what a Breathalyzer device does. It calculates the percentage of alcohol in your blood stream. If it is .08 or higher, you may not operate a motor vehicle in Minnesota.
Now that you understand the difference between a PAS device and chemical Breathalyzer test, it is equally important to understand that refusing a PAS test does not necessarily mean you won’t be arrested for DWI. While there are no penalties for refusing a PAS test during a Minnesota traffic stop, the officer can establish probable cause in other ways and can make an arrest despite your PAS refusal. For example, if the officer sees an open container of alcohol in your vehicle, it constitutes probable cause for an arrest.
Remember that you do not have to navigate the criminal justice system alone. As soon as an officer detains you in a suspected DWI stop, you can request legal support.
]]>A statewide alert was issued after the theft. After police took the man into custody during the traffic stop, the alert was canceled. The man is accused of grabbing money out of the till in the store when the clerk opened the drawer. The clerk reportedly told police that the man had asked for dollars in exchange for coins, but then reached over the counter and grabbed money when the drawer was open.
If an individual is taken into custody because they fit the description of someone suspected of a crime, it is not proof of anything. It does not even necessarily mean that the case will go to trial. Cases of mistaken identity often compel a criminal court to dismiss charges.
Anyone facing theft charges in Minnesota will want to seek legal support as soon as possible. An experienced criminal defense attorney can review a case and recommend the best defense strategy. While it is not always possible to avoid a conviction, a defense attorney can often help mitigate circumstances by asking the court to issue a lighter sentence than the maximum state law allows.
]]>It is hard to say what makes a divorce a “high-asset” proceeding because there are no specific classification requirements. The term “high-asset divorce” typically refers to proceedings involving more than $1 million in liquid assets, meaning assets that will be split between spouses in property division proceedings. While every divorce is unique, spouses negotiating a high-asset divorce often have several issues in common.
It is not uncommon for feelings of acrimony to spark delays and challenges in a high-asset divorce. When there is so much at stake -- be it money, investments, business holdings, etc. -- tempers may flare, and difficulty may arise in trying to achieve a fair settlement. These divorces also often involve third parties, such as an heir, business partner, etc., who may be affected by the financial outcome of the divorce. Finally, many high-net-worth cases often create jurisdictional issues because spouses may have assets in numerous states or countries, which brings multiple jurisdictions and divorce laws into play.
An experienced family law attorney can provide support to a Minnesota spouse who is filing for divorce. However, when high assets are at stake, it pays to rely on an experienced legal team that has gone to bat in litigation for clients who were negotiating settlements involving $1 million or more. Because these proceedings often involve business valuations, estate planning issues and more, it is beneficial to seek guidance from an attorney who is well-versed in these often complex issues.
]]>An HGN test is a special type of eye test. A police officer will typically ask the driver to exit their vehicle and then request an HGN test. The driver has every right to decline to take the test. If the driver agrees to the test, the officer will provide a series of instructions, then will closely observe and monitor the individual’s eyeballs.
To administer an HGN test, a police officer might ask the participant to track an object, such as a ballpoint pen or the officer’s index finger. The officer will move the object from left to right or up and down. The participant must use only their eyes (without moving the head) to follow the motion of the object. If the person’s eyes begin to shake erratically before reaching the maximum peripheral vision point, it is considered a failed test, which is grounds for a DWI arrest.
An HGN test is one of three field sobriety tests that Minnesota police often use to determine if they have probable cause to make a DWI arrest. These tests are subject to personal interpretation and the results are often inaccurate. A driver is not obligated to take these tests. If an arrest occurs, it is best to request legal support right away.
]]>There are several benefits to a bird nest child custody plan but also a few possible downsides. A set of parents should consider all possibilities before deciding whether this arrangement would work well for their family. It is also wise to create a detailed, written agreement before implementing a bird nest custody plan.
In a bird nest child custody arrangement, the children continue to live in the same house their parents shared during the marriage. The parents take turns living there with them. Parents typically create a rotating schedule ahead of time so that transferring custody occurs smoothly and simply. Benefits of bird nesting include not having to sell the family home, as well as not having to transport the kids and their belongings back and forth between two households. They can stay in the same neighborhood and school, which minimizes the disruption the divorce will cause in their daily life.
Possible downsides include the expense of a secondary residence for each parent when it is not their turn to live with the kids, although many parents simply share a studio apartment to keep costs low. Another possible downside is the awkwardness that can occur if one or both parents enter a new relationship. Setting boundaries and ground rules ahead of time is helpful. Any Minnesota parent who wishes to learn more about bird nest child custody can schedule an appointment with an experienced family law attorney.
]]>Before the invention of the credit card, which occurred in the 1940s, asset division in a divorce was less complex. Today, there are numerous credit card companies that offer their customers reward points for purchases. You may redeem these points for products or cash, which technically makes them an asset.
If you purchased a credit card before marrying your spouse and earned 100% of the reward points on the card before you said “I do,” then you might be able to claim it as a separately owned asset in your divorce. Even if you purchased the card as a single person, however, if you earned rewards on it while you were married, then your spouse may have a right to a portion of the assets. Any points accrued during marriage become marital property.
It is not enough to know that you might have a right to a particular asset in your divorce. The court must know the value of all your marital property before determining how to divide it between both spouses. The court must assign all assets a value. Think of it this way: You can’t split a vehicle in two; however, you can determine how much the vehicle is worth, then divide the value.
Similarly, you must obtain a valuation of your credit card points to divide them as assets in a divorce. Determining the value of credit card reward points can be tricky. One way to do it is to assign value based on the conversion value of the points. For example, if you must have 10,000 to get $100 or make a $100 purchase, then your points are each worth one cent. If you have 100,000 when you divorce, the value of the points is $1,000.
Only some credit card companies allow you to transfer reward points to other people. If yours does, then there might be a way to transfer your ex’s portion of the assets to his or her account as part of property division proceedings. Some companies charge a fee for transfers.
These issues may also be relevant in a divorce for people who have earned frequent flyer miles or other rewards in an airline program. If you’re unsure whether an asset is marital property or whether you can trade it for another asset, it’s best to seek counsel rather than trying to resolve the issue on your own.
]]>The Fourth Amendment protects people against unlawful searches and seizures. A traffic stop is a type of seizure because the driver and any occupants in the vehicle are being detained. The U.S. Supreme Court has ruled that, in certain conditions, sobriety checkpoints are lawful.
Every state has its constitution and its drunk driving laws. In 13 states, including Minnesota, DUI checkpoints are prohibited. This means that a person facing drunk driving charges after being stopped in a sobriety checkpoint in this state may have grounds for requesting a case dismissal. In any event, a driver does not have to comply when asked to take a roadside breath test or field sobriety test.
It is always wise to seek legal counsel regarding DUI checkpoints or other issues surrounding a drunk driving arrest. An experienced criminal defense attorney can determine if a client’s legal rights were violated. The lawyer can navigate the criminal justice system on behalf of an accused individual, either to request a dismissal, challenge evidence or employ strategies to achieve the best possible outcome possible if a case goes to trial. The right to legal counsel can be exercised at any point and law enforcement authorities must stop any questioning of the individual once the request has been made.
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