Did You Win The Keurig? Vote April 2nd Harris for Judge

  DID YOU WIN THE KEURIG?

I wanted to thank everyone for coming out the Nixpo. Our booth was a huge success. This was our first year at the Nixpo, and I must say I was very impressed with how much support the event is receiving from the community. As many of you know, you could register to win a Keurig coffee maker at our booth. Many stopped by to register, but only one person could win. Congratulations to Karen Wilcox! 

 

Many of you that stopped by had legal questions, or were interested in hiring an attorney for problems you were experiencing. Our office offers FREE consultations, so we can determine the extent of your legal needs and decide if we are a good fit. As Nixa's only general practice law firm, there are few options available local. It is for that reason that we engage is a variety of legal fields, If we are unable to assist you we don’t just send you on your way. We take the time to find an attorney that can help you. We then directly connect you with that attorney, so you can avoid that awful run-around feeling.

 

Finally, I wanted to remind everyone to get out and vote April 2nd. As many of you know the City of Nixa will be having an election and I am on the ballet as running for Municipal Judge. I don't take this position lightly. I think it is important that the City of Nixa continue to develop its Municipal Court in order to keep up with the rapid growth of the city. If elected, I will focus my efforts on deterring crime, reducing recidivism (repeat offenders), and developing a community service program that will benefit the community.

 

I have had a great opportunity to meet with local law enforcement, and I have listened to their concerns. I think it is important that the community develop a partnership with local law enforcement and that those efforts be supported by a Municipal Court. I am asking for the opportunity to do that.

 

 

I hope to get your vote April 2nd!

 

 

Joel T. Harris

Attorney at Law

 



The phantom driver!

DOES THIS SOUND LIKE YOU?

You are driving along, minding your own business, when out of nowhere a car slams into you; running you off the road and into a ditch. You didn't even get a good look at them before they zoomed off, never to be seen again.

 

Think it couldn’t happen to you? You might be surprised to learn that close to 11% of all accident reports to police, are hit and run incidents. People are all too willing to run from the scene in hopes that they can avoid responsibility. In many cases the driver is intoxicated, uninsured, or otherwise in trouble with the law.

If this happens to you the first thing you should do (other than seek medical attention if needed) is contact the police. Make a report and provide as much detail about the other vehicle as possible. In some cases the police can track the driver down. The driver may be charged with the Class A Misdemeanor of “Leaving the Scene of an Accident” and could see a substantial fine, loss of license, and even jail time.

 

However, catching the driver doesn’t always help, and in some cases the driver has vanished, leaving you with medical bills and damage; or have they? You have encountered the phantom driver, and in the state of Missouri this accident may be covered on your uninsured motorist’s policy, even if you don’t know who the driver is.

 RSMo 379.203 states:

1. No automobile liability insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto, or in the case of any commercial motor vehicle, as defined in section 301.010, any employer having a fleet of five or more passenger vehicles, such coverage is offered therein or supplemental thereto, in not less than the limits for bodily injury or death set forth in section 303.030, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death, resulting therefrom. Such legal entitlement exists although the identity of the owner or operator of the motor vehicle cannot be established because such owner or operator and the motor vehicle departed the scene of the occurrence occasioning such bodily injury, sickness or disease, including death, before identification. It also exists whether or not physical contact was made between the uninsured motor vehicle and the insured or the insured's motor vehicle. Provisions affording such insurance protection against uninsured motorists issued in this state prior to October 13, 1967, shall, when afforded by any authorized insurer, be deemed, subject to the limits prescribed in this section, to satisfy the requirements of this section.

If you have been the victim of a hit and run, even if you don’t know who the driver is, you may want to contact an attorney to learn more about your legal rights under your insurance policy. Contact Joel T. Harris at Harris Law to learn more and set up a free consultation.

RELOCATING WHEN KIDS ARE INVOLVED

Often I am confronted with the issue of relocation by one parent bound to a parenting plan. Sometimes I am asked before the parent moves, other times it is too late. My answer in either situation is this, “Strict Compliance”. What exactly does that mean? Exactly how it sounds. You cannot relocate unless you have strictly complied with the statute.

RSMo 452.377 states:

452.377. 1. For purposes of this section and section 452.375, "relocate" or "relocation" means a change in the principal residence of a child for a period of ninety days or more, but does not include a temporary absence from the principal residence.

2. Notice of a proposed relocation of the residence of the child, or any party entitled to custody or visitation of the child, shall be given in writing by certified mail, return receipt requested, to any party with custody or visitation rights. Absent exigent circumstances as determined by a court with jurisdiction, written notice shall be provided at least sixty days in advance of the proposed relocation. The notice of the proposed relocation shall include the following information:

(1) The intended new residence, including the specific address and mailing address, if known, and if not known, the city;

(2) The home telephone number of the new residence, if known;

(3) The date of the intended move or proposed relocation;

(4) A brief statement of the specific reasons for the proposed relocation of a child, if applicable; and

(5) A proposal for a revised schedule of custody or visitation with the child, if applicable.

 The problems most often encountered are:

“I can’t give 60 day notice”

“I don’t know the address”

“I don’t know when I am going to move”

“The other parent will not cooperate with a new schedule”

While the list goes on and on, be rest assured, the Court has heard it before. The truth is that relocation isn’t easy when a parenting plan is involved. Parent’s that constantly find themselves in conflict with each other can expect to have a fight when they attempt to move.

The statute goes on to say:

3. A party required to give notice of a proposed relocation pursuant to subsection 2 of this section has a continuing duty to provide a change in or addition to the information required by this section as soon as such information becomes known.

4. In exceptional circumstances where the court makes a finding that the health or safety of any adult or child would be unreasonably placed at risk by the disclosure of the required identifying information concerning a proposed relocation of the child, the court may order that:

(1) The specific residence address and telephone number of the child, parent or person, and other identifying information shall not be disclosed in the pleadings, notice, other documents filed in the proceeding or the final order except for an in camera disclosure;

(2) The notice requirements provided by this section shall be waived to the extent necessary to protect the health or safety of a child or any adult; or

(3) Any other remedial action the court considers necessary to facilitate the legitimate needs of the parties and the best interest of the child.

5. The court shall consider a failure to provide notice of a proposed relocation of a child as:

(1) A factor in determining whether custody and visitation should be modified;

(2) A basis for ordering the return of the child if the relocation occurs without notice; and

(3) Sufficient cause to order the party seeking to relocate the child to pay reasonable expenses and attorneys fees incurred by the party objecting to the relocation.

6. If the parties agree to a revised schedule of custody and visitation for the child, which includes a parenting plan, they may submit the terms of such agreement to the court with a written affidavit signed by all parties with custody or visitation assenting to the terms of the agreement, and the court may order the revised parenting plan and applicable visitation schedule without a hearing.

7. The residence of the child may be relocated sixty days after providing notice, as required by this section, unless a parent files a motion seeking an order to prevent the relocation within thirty days after receipt of such notice. Such motion shall be accompanied by an affidavit setting forth the specific factual basis supporting a prohibition of the relocation. The person seeking relocation shall file a response to the motion within fourteen days, unless extended by the court for good cause, and include a counter-affidavit setting forth the facts in support of the relocation as well as a proposed revised parenting plan for the child.

8. If relocation of the child is proposed, a third party entitled by court order to legal custody of or visitation with a child and who is not a parent may file a cause of action to obtain a revised schedule of legal custody or visitation, but shall not prevent a relocation.

9. The party seeking to relocate shall have the burden of proving that the proposed relocation is made in good faith and is in the best interest of the child.

10. If relocation is permitted:

(1) The court shall order contact with the nonrelocating party including custody or visitation and telephone access sufficient to assure that the child has frequent, continuing and meaningful contact with the nonrelocating party unless the child's best interest warrants* otherwise; and

(2) The court shall specify how the transportation costs will be allocated between the parties and adjust the child support, as appropriate, considering the costs of transportation.

11. After August 28, 1998, every court order establishing or modifying custody or visitation shall include the following language: "Absent exigent circumstances as determined by a court with jurisdiction, you, as a party to this action, are ordered to notify, in writing by certified mail, return receipt requested, and at least sixty days prior to the proposed relocation, each party to this action of any proposed relocation of the principal residence of the child, including the following information:

(1) The intended new residence, including the specific address and mailing address, if known, and if not known, the city;

(2) The home telephone number of the new residence, if known;

(3) The date of the intended move or proposed relocation;

(4) A brief statement of the specific reasons for the proposed relocation of the child; and

(5) A proposal for a revised schedule of custody or visitation with the child. Your obligation to provide this information to each party continues as long as you or any other party by virtue of this order is entitled to custody of a child covered by this order. Your failure to obey the order of this court regarding the proposed relocation may result in further litigation to enforce such order, including contempt of court. In addition, your failure to notify a party of a relocation of the child may be considered in a proceeding to modify custody or visitation with the child. Reasonable costs and attorney fees may be assessed against you if you fail to give the required notice.".

12. Violation of the provisions of this section or a court order under this section may be deemed a change of circumstance under section 452.410, allowing the court to modify the prior custody decree. In addition, the court may utilize any and all powers relating to contempt conferred on it by law or rule of the Missouri supreme court.

13. Any party who objects in good faith to the relocation of a child's principal** residence shall not be ordered to pay the costs and attorney's fees of the party seeking to relocate.

Each of the above mentioned problems encountered are covered by the statute, even if it is not obvious. If you are thinking of relocating, contact Harris Law and set up an appointment to speak with an attorney. For a nominal fee an attorney can help you better understand the statute and case law that make this process so difficult.

Newsleader Nominates its "BEST"

Once again Harris Law, LLC did not make the list of the elite to be named in Newsleader's "Best" of the 417. However, we are not discouraged because there is always the elusive write in vote. 

The process is simple: (1) click on the link HERE. (2) Log in and fill out the survey. (3) click submit. Simple enough. It will take between 5-10 minutes and you will be required to choose among the best of the best... or will you? While voting this year it was clear that some were destined to win. Check it out yourself. Some names are bold, some have astriks, and some are the only option. I urge you to defy the system and do a "write in". After all, you will need to in order to vote "Joel Harris" as 417's BEST attorney. However you decide to vote for, make it count. Afterall, these are bragging rights... something to place on the wall to impress new clients.

Did you get a traffic ticket? What now?

From time to time I hear comments or see posts on facebook or twitter from “innocent people” (the truth is Missouri Drivers are the second worst in the nation) about the ticket they recently received and their newly damaged “record”. And the question comes up, can I beat this? There are a variety of different options for a person that receives a ticket, but few of them are actually “beating” the ticket. Here are some potential choices:

Option 1: pay the ticket. While this option is a tough pill to swallow, it is certainly the quickest and easiest way to handle the matter. However, this option will have the greatest effect on your “record” and in the long run could end up costing you more money. While you do not have the cost of an attorney, the cost of your insurance rate increase over the years will exceed attorney fees many times over.

Option 2: Negotiate the ticket yourself. This option will require you to take off work and appear on your own behalf to negotiate the ticket yourself. In many cases you will be able to speak to the prosecutor and come to a plea agreement on the ticket. However, don’t be surprised if they offer the same deal as listed on the back of the ticket. The reason for this deals purely with your ability to recognize an appropriate disposition to the cause and your lack of negotiating power. However, under the right circumstances this option could potentially be the best route, but it could also be the worse.

Option 3: Fight the ticket. Whether you are fighting the ticket yourself or with the aid of an attorney, this option is rarely fruitful. At any level, your chances of winning are greatly increased with the aid of an attorney. However, while your ego may receive a boost from beating the system, your pocket book will take an even bigger hit. And I will go ahead and answer the question that comes up in these cases, “No, you cannot sue the state to get your money back from having to fight an invalid ticket.”

Option 4: Hire an attorney to negotiate. While it may seem bias due to my profession, this is clearly the best option. In the process of doing such an attorney can usually have one of two different outcomes:

1.       SIS – A suspended imposition of sentence is a great outcome that places you on probation for a period of time to be determined by the court. This is a great option because it does not include a fine and if you complete the probation period without further violations, then it never becomes a formal conviction against you. However, there are risks that you receive an additional ticket.

2.       Amend – This is the most common result of an attorney negotiating for you. In this option the Prosecutor will either amend the charge to defective equipment or a lower speeding resulting in no-points. These options are great because they result in no loss of points on your record, but the downside is that a fine usually is imposed.

No matter the option you choose, it is always best to consult with an attorney. Most provide free consultations and they can answer quickly how they can help you. Remember, most attorneys will charge around $150.00 to handle a ticket, and in most cases that means you never have to go to Court and the matter is resolved in the best way possible. Increased insurance rates, days off work, and points on your license could have devastating effects, so don’t just accept what the officer says and “pay it”. The extra $150.00 now, could pay off big in the future.

Holiday Tips for Divorced and Separated Parents!

With the Holidays upon us it is time for cheer and goodwill, but for divorced and separated parents this time of the year is stressful. Immediately the phone starts ringing and words are exchanged. Your plans for a happy and relaxing holiday just got more difficult with the addition of a custody exchange to your itinerary. However, things don’t have to be so gloom. As a family law attorney in Springfield Missouri, I have witnessed some of the best and worst parents out there, and patterns start to develop that can help divorced parents make the holiday time a little better, not just for the children, but for everyone.

Let’s start with a simple idea. The best divorced parents out there have one thing in common: THEY HAVE NO IDEA WHERE THEIR PARENTING PLAN IS! How does that make you a good parent? Parenting plans are restrictions; guidelines for what parents should do if they can’t come to an agreement. The best parents are able to set aside their differences that caused the divorce or separation, and focus on a schedule that is best for the kids. It isn’t always what you want, but if you are a parent you have already learned that your needs are no longer important. What matters most are the children. If you are one of the parents that don’t know where your plan is or what is in it, then you can stop reading, because the rest of this blog is going to focus on the rest of you. Here are a few tips to make the holidays easier:

1.       Communication: Prior to the exchange make sure you communicate with the other parent so you are both on the same page as to upcoming exchanges. However, communication doesn’t stop there. The other parent will want to know where you will be staying and a basic itinerary, if traveling. Remember, they are not trying to be nosy; they just want to know where their kids will be. Provide such willingly and have a phone number they can be reached at. It is a good idea to have this typed up and prepared before the exchange.

2.       Agreement: When discussing the holiday schedule make sure that all parties are on the same page. There is nothing worse than having different ideas on what is to occur so make sure the two of you fully agree on what is to occur. If the parties are high conflict, this may require each to pull out their parenting plan and go over it in detail. Many attorneys would gladly review the document for little to no fee so do not hesitate to ask.

3.       Inform: Once the parties have reached an agreement and communicated such to each other, draw up a holiday schedule and send a friendly reminder to the other parent. This will serve as a confirmation and allow both parties to work off the same calendar. Additionally, you should post the Holiday schedule in your home so the kids can see it and know what to expect. Remember, when discussing schedules with your children it is important not to give them the power to decide. Transitions should be smooth and the only surprises that should take place, are those found under the tree on Christmas morning.

4.       Adapt: Being a parent means being able to adapt to the situation. Remember to be flexible during the holiday season as not everyone will plan as well as you. The same family members that just dropped in from out of town or who always showed up late while you were married is still up to their antics. As a result, don’t punish the kids by enforcing a rigid schedule. It may be the only time of the year the kids get to see that family so make it work.

5.       Consideration: Consider your family during this time. When the two of you decided to split, you didn’t ask your family’s permission. However, you should ask permission when making your holiday plans. Make sure that you don’t add too much pressure to your family to be when and where you want them. The season is stressful enough and you don’t want your own family upset because the world now revolves around your divorce.

These are just a few tips and they may not apply to your situation, but remember this, divorce and separation is never easy and you cannot continue to live your life the way it was before. Expenses need to be cut back, activities cut in half, and understanding and cooperation doubled. Whatever your situation may be, you should always consult an attorney before taking drastic action.

DON'T ALWAYS BELIEVE WHAT YOU THINK

Recently I had the opportunity to be lead counsel on the largest white collar crimes case tried by the Attorney General’s office in three (3) years. It was an eight (8) day jury trial that cost tens of thousands of dollars and left 12 jurors deliberating for a day and half. Needless to say, it was a daunting task for any criminal defense attorney. When all was said and done, and the dust had cleared, the Defendant, Edna Kay Jackson, was found guilty on seven (7) counts, not guilty on four (4) counts, and received a complete dismissal on the 12^th count. We considered it a victory under the circumstances, and the Defendant now stands a chance of little to no jail time in the wake of the conflicted jury.

However, not everyone will get that story. Initial news coverage reports Jackson to be guilty as charged, with little hope of alleged victims seeing restitution. While the story was better, the truth was lacking, and from the depths of this spin of the truth comes the wayward misconceptions of the public. One particular member of the public was a family member, choosing to give me the silent treatment, and speak poorly of my profession. Again I am disappointed at the perpetual chain of misconception brought forth by the misrepresentations of the media.

Let us be clear that the purpose of the law is to provide justice, not just for victims, but those accused. Just recently my wife found herself wrongly accused of a seemingly meaningless act; a traffic violation that would go uncharged, but would create a sense disappointment in our law enforcement by an otherwise trusting person. I too witnessed that same disappointment in the jury panel of this trial. Of the close to 100 people on the potential jury panel, nearly every hand was raised when asked the question, “Does the fact that the defendant is charged with a crime, make her more likely guilty in your mind?” A yes answer here leaves me deflated and concerned that our system of “innocent until proven guilty” not only lacks in reason, but in application. If not for family members that judge without knowing, if not for media who spins the truth, if not for citizens who assume the worst and have misplaced trust in our government, do we even need attorneys?

I set here today confident in our legal system, but weary of our masses. I only urge the public to do their research and believe what they know, not what they think.