Law Offices Are Open

On Monday, May 18th the offices at Boehmer Law will begin accepting in-person/in-office meetings.  We are also still accepting phone consultations.  Our office number is 636-896-4020.  We would ask that if you have a fever, do not feel well, have been exposed to Covid-19 or been around someone that has tested positive for Covid-19 that you please refrain from making an in-office meeting.

If you are making an in-office meeting please wait in your car and call our office number and someone will come out and bring you into your conference room to meet with your attorney.  In order to help stay within the recommended guidelines for health and safety, if you have a mask please wear one and we will practice social distancing.

Boehmer Law offers legal services for Family and Divorce Law, Criminal Law, Civil Law, Traffic Law and speeding tickets, Wills and Estates, Personal Injury and Accident Law.   We have several different attorneys in our office that each specialize in their own area of law.  Please feel free to call for a free consultation appointment to meet with any of our attorneys.  We are located at 1603 Boones Lick Road in St. Charles, MO.  Please give us a call at 636-896-4020 so we can get started working for you.

Thanksgiving Facts and Tidbits

On the third Thursday in November every year, families across the United States often gather to feast on turkey, play games, watch football, and enjoy family!  We celebrate Thanksgiving to honor the founding of our country.

FUN HOLIDAY FACTS:

• The first Thanksgiving was held in the autumn of 1621 and included 50 Pilgrims and 90 Wampanoag Indians and lasted three days. Many historians believe that only five women were present at that first Thanksgiving, as many women settlers didn’t survive that difficult first year in the U.S.
• Thanksgiving didn’t become a national holiday until over 200 years later! Sarah Josepha Hale, the woman who actually wrote the classic song “Mary Had a Little Lamb,” convinced President Lincoln in 1863 to make Thanksgiving a national holiday, after writing letters for 17 years campaigning for this to happen.
• Presidential pardon of a turkey: Each year, the president of the U.S pardons a turkey and spares it from being eaten for Thanksgiving dinner. The first turkey pardon ceremony started with President Truman in 1947. President Obama pardoned a 45-pound turkey named Courage, who has flown to Disneyland and served as Grand Marshal of the park’s Thanksgiving Day parade!
• Why is Thanksgiving the fourth Thursday in November? President Abe Lincoln said Thanksgiving would be the fourth Thursday in November, but in 1939 President Roosevelt moved it up a week hoping it would help the shopping season during the Depression era. It never caught on and it was changed back two years later.
• The Macy’s Thanksgiving Day Parade began in 1924 with 400 employees marching from Convent Ave to 145th street in New York City. No large balloons were at this parade, as it featured only live animals from Central Park Zoo.
• How did the tradition of watching football on Thanksgiving start? The NFL started the Thanksgiving Classic games in 1920 and since then the Detroit Lions and the Dallas Cowboys have hosted games on Turkey Day. In 2006, a third game was added with different teams hosting.
• Wild turkeys can run 20 miles per hour when they are scared, but domesticated turkeys that are bred are heavier and can’t run quite that fast.
• Benjamin Franklin wanted the turkey to be the national bird, not the eagle.

 

Let’s Talk Turkey…

According to the U.S. Census Bureau, Minnesota is the top turkey-producing state in America, with a planned production total of 46.5 million in 2011. Six states—Minnesota, North Carolina, Arkansas, Missouri, Virginia, and Indiana—account for nearly two-thirds of the 248 million turkeys that will be raised in the U.S.

The heaviest turkey on record, according to the Guinness Book of Records, weighs 86 pounds.

Californians consume the most turkey in the U.S. on Thanksgiving Day!

Female turkeys (called hens) do not gobble. Only male turkeys gobble.

The average turkey for Thanksgiving weighs 15 pounds.

The National Turkey Federation estimated that 46 million turkeys—one fifth of the annual total of 235 million consumed in the United States—were eaten at Thanksgiving.

In a survey conducted by the National Turkey Federation, nearly 88 percent of Americans said they eat turkey at Thanksgiving.

Americans eat 46 million turkeys each Thanksgiving.

 

From Boehmer Law to you and your loved ones…we wish you all a Very Blessed Thanksgiving!  We are here if you need us at 636-896-4020 for the emergency line.

How to Present Yourself During a Child Custody Legal Matter

Being a part of a Child Custody case can be stressful and emotional for all parties involved.  We are often asked “What should I do when I want to fight for custody of my child(ren)?”  Here are some tips that we hope help you in your child custody matters:

Do show a willingness to work with the other party.  It is never good to appear that you are unwilling to work with or not have some compromise with the other parent of your child(ren).  Remember that while you may not like the other party, he or she is a part of your child(ren)s’ lives, and you need to show the family court that you’re willing and able to work together.  It is unreasonable to hold on to the thought that you are always going to get everything you want when there are many people involved.

Do exercise your parental rights. If you’ve been granted visitation rights with your kids, take advantage of it. Spend as much time with them as you can, and make sure that you’re doing regular, everyday things—including homework, school events, extracurricular activities, social events and chores.  Show up on time for pick-ups and drop-offs.  If you think it will help, keep a diary recording all of these events.

Don’t refuse to do anything the court is asking of you. This is your time to show the courts how committed and cooperative you are. If you are required to take parenting classes or seek counseling, do so immediately. View it as an opportunity to demonstrate just how far you’re willing to go for your kids.

Understand the importance of perception. Do everything you can to present yourself to the court as a competent, involved, loving parent. This includes arriving on time, dressing for court, and demonstrating proper courtroom etiquette in front of the judge.  Do not send negative messages via text or emails.  Do not leave aggressive or threatening voicemails.  Do not talk negatively about the other party on social media.  Do not constantly re-schedule your visitation, it may appear you cannot offer a stable environment for the child(ren).

Gather and keep proper documentation. In situations where you honestly believe your children would be unsafe with the other parent— because he or she has a history of physical abuse—you should carefully document your interactions with your ex, as well as his or her interactions with your children. Be aware, though, that the other parent may feel the same way about you and may be preparing similar documentation for the courts.  If you receive threatening messages, voicemails, or emails—save all of them.  If you pay bills beyond what you may have been ordered, keep the receipts.  If it becomes necessary, keep a diary of missed visitations, late pick ups and general notes showing the uncooperative nature of the other party.

Hire an experienced child custody lawyer. Even if you don’t think you can afford a lawyer, set up a free consultation to discuss your options.  At Boehmer Law all our initial consultations are free.  You can come in, discuss the basics of your case and the attorney will discuss your options and what you could expect moving forward.

Don’t talk negatively about the opposing party to your kids. In front of your kids, try to keep your opinions and feelings about the situation to yourself. Vent your frustration to a trusted friend, instead.  Do not make your children pawns that are put in the middle of your proceedings.  This can not only hurt your case, but harm your children.

Don’t abuse alcohol or drugs, especially when you’re with your kids. These behaviors could be documented and used against you. Make sure there’s not even the suggestion that you’re doing something that would put your kids at risk.  Do not post photos on social media that may hurt your case and leave a negative impression.

Tell the truth.   Never come up with unfounded allegations of abuse or exaggerate your ex’s shortcomings in order to win custody. Any lies you present may come back and be used against you in court.

If you need help with a child custody matter or other Family Law matters in Missouri, call Boehmer Law today to schedule your free consultations.  The attorney you meet with will listen to your case and discuss the options that apply to your specific case.  Please call 636-896-4020 so we can get fighting for you today!

 

The choice of an attorney is an important one and should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.

To Text or Not To Text—That is the Question

According to the Pew Research Center, a vast majority of Americans – 95% – now own a cellphone of some kind. The number Americans that own smartphones is now 77%.   913,242,000 texts are sent every hour of every day worldwide, not including app-to-app messaging making text messaging the most used data service in the world.  In America, 81% of Americans in general, text regularly and 91% of teens with cell phones actively text.[1]    So how can all of this impact your legal case such as a divorce, family law matter, or criminal charges?

What you text matters—and they can be used for or against you in court.

A Criminal Accusation

A Plaintiff and Defendant were dating previously, the Plaintiff now says that Defendant has been harassing h-er by sending her many un-wanted text messages, social media messages and voice mails.  These are filled with profanities and derogatory, violent, and upsetting comments. She wants to be left alone and wants an Order of Protection.  All of the messages and posts left by the Defendant can be used against them to obtain an Order of Protection.  The Plaintiff was able to use these messages to prove her case.

Family Feuds

If you are in a divorce and/or custody proceeding and you send negative texts about the other parent to your kids, or send derogatory remarks to a new spouse these may put you in a poor light and could have an effect on the outcome in your case.

Promoting and Distribution Child Pornography in Missouri

If you text pornographic images of underage children from one phone to another device you could be charged with promoting and distribution of child pornography.  This can happen between a 14 year old girl and an 18 year old boy.  Here is a link to the statutes in the state of Missouri with regards to promoting child pornography: http://revisor.mo.gov/main/OneSection.aspx?section=573.025&bid=29760&hl=

If you need the legal help of an experienced lawyer in St. Charles, MO call Boehmer Law.  Our family attorneys, divorce attorneys and criminal attorneys have years of experience working in the legal system and are ready to help fight for your rights.  All our initial consultations are free—so call Boehmer Law today at 636-896-4020.

The choice of an attorney is an important one and should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.

[1] 73 Texting Statistics That Answer All Your Questions Posted on May 24, 2016 by Kenneth Burke

Social Media Impact in Legal Matters

Social media—it is all fun and games—until it isn’t.  Social media essentially consists of websites and applications that enable users to create and share content about their lives, opinions, and businesses as they participate in social networking around the world.  Social Media platforms such as Facebook, Twitter, Instagram, and LinkedIn have revolutionized how we communicate with one another—they have made the world smaller and offer daily glimpses into our private lives.   

What many people do not realize is that there posts and updates can have major ramifications in legal matters such as divorce, custody, civil matters or even criminal accusations.  What you post—comments, pictures, status updates and videos can all be used in court.  If you have legal matters pending, we recommend that you avoid social media posts and set all your settings to “private” until your case is resolved.  Your pictures, comments and videos can be saved in a screen shot, saved to another phone or electronic device and presented as evidence in court cases.   If you have to ask yourself “Should I?”, the answer is DON’T!

When you post negative comments about an ex-spouse, post pictures or videos from the scene of a crime, or post pictures of undesirable behaviors—all these things can be used against you in a court of law.  And as the saying goes—a picture is worth a thousand words.  Trying to convince a judge you are a responsible parent who deserves full custody of your children yet posting picture of yourself on a “party weekend” may come back to haunt you when your ex-spouse uses those pictures in attempt to prove your irresponsibility.   When you post a picture or video of a crime you are documenting yourself “at the scene” you could be called in for questioning.  When in doubt-do not post!

If you or a loved one needs help with legal matters, call the lawyers in St. Charles, MO at Boehmer Law.  We will sit down with you, review your case, and make recommendations on how to best protect your legal rights.  Our initial consultations are always free, so call Boehmer Law LLC today at 636-896-4020 today.  Let us get fighting for you!

The choice of an attorney is an important one and should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.

 

What Makes a Great Lawyer?

When seeking legal counsel, people often look for a referral from friends and family members to whom they have had a good experience and/or outcome. People also research attorneys online to see what all their options are.  At Boehmer Law, our St. Charles, County Missouri attorneys work hard for our clients and fight for their rights.  Whether you need legal help for criminal legal matter such as a DUI, drug charges or domestic assault charges; or need help with family law matters such as divorce or modifications—Boehmer Law can help you.  We also have attorneys specializing in Personal Injury and Accident Law as well as Wills and Estates Law.  At Boehmer Law, our initial consultations are always free.  You can call our offices Monday-Friday from 8 AM thru 6 PM to schedule your appointment at 636-896-4020.

Traits of a Great Lawyer—What to Look for

Negotiation talent. One of the most important traits of an attorney is negotiation skills.  A good attorney who is a great negotiator will get you the most value from a lawyer. Good lawyer-negotiators try to leave all parties feeling like a reasonable outcome was achieved.  This does not mean they get you less than you seek. It means you get a fair outcome, and you feel good about your outcome. It means the outcome is also workable and has staying power. When a lawyer is not a good negotiator, disputes could cost more and outcomes could be less favorable.

Courtroom Confidence.   Good lawyers present well when they are being spontaneous, and they present fantastically well when they have time to prepare a trial presentation. They are confident. They are familiar with the latest thinking about litigation graphics. They are comfortable relying on litigation consultants and others for good ideas.  These attorneys hone their skills on jury selection, opening and closing statements and finding creative ways to win their cases.

Good Communication Skills.  Lawyers must be orally articulate, have good written communication skills, and also be good listeners. In order to argue convincingly in the courtroom before juries and judges, good public speaking skills are essential. But it’s not all about projection. To be able to analyze what clients tell them or follow a complex testimony or evidence trail, a lawyer must have good listening skills.

Judgement.  The ability to draw reasonable, logical conclusions or assumptions from limited information is essential as a lawyer. You must also be able to consider these judgements critically, so that you can anticipate potential areas of weakness in your argument that must be fortified against.  Similarly, you must be able to spot points of weakness in an oppositions argument. Decisiveness is also a part of judgement. There will be a lot of important judgement calls to make and little time for sitting on the fence.

Analytical skills.  Both the study and practice of law involve absorbing large quantities of information, then having to distil it into something manageable and logical.  At times, there will be more than one reasonable conclusion, or more than one precedent applicable to resolving a situation.  A lawyer must therefore have the evaluative skills in order to choose which is the most suitable. 

Creativity. The very top lawyers are not only logical and analytical, but they display a great deal of creativity in their problem solving.  The best solution is not always the most obvious and in order to out maneuver your challenger it is often necessary to think outside the box.

If you have a legal matter you need help with, feel free to set up a free consultation with on of our St. Charles Lawyers so we can listen to your case, give you feedback and discuss your options.  Please call 636-896-4020 today.

The choice of an attorney is an important one and should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.

Getting Good Legal Help

Sometimes situations in life require you to obtain legal help.  It can be as simple as a speeding ticket, reviewing a single page document, or you may end up needing full blown legal representation in court.  Whatever the situation may be, you want to get the best representation you can.

When you are looking for an attorney, a lot of people do research on the internet or ask for recommendations from their friends or family members.  These are a great first step, but you will always want to do a little more investigation for yourself.  Unfortunately, not all practicing lawyers are successful lawyers.  Therefore, asking direct questions about experience, past cases, and their area of law is always a good idea.   Most lawyers offer a free first consultation, so this is a great time to explain your situation and ask important questions.

Some attorneys may be effective at advertising, however they exaggerate their experience and success.  If you are making a decision to use a lawyer based on their advertising claims, make sure you interview them and ask questions.  If an attorney claims to have won multiple cases, ask them what that means.  Ask if they have actually tried cases in front of a jury or what it means to “win a case”.  If they claim to practice an area of law you need help with, do not be afraid to ask them about their experience in that area of law such has “How long have you been practicing this area?” or “Are you going to be the one handling my case or is this being referred away to someone else?’.  Taking these steps will help you have peace of mind that you are “getting what you paid for” and getting the proper legal representation you require.

There are lawyers that specialize in different fields of study.  Hiring a lawyer that concentrates in a specialized area of law such as a criminal lawyer, family lawyer, wills and estate lawyer or a personal injury lawyer; you are more likely to get someone who has a deeper knowledge of the subject matter at hand and more likely to know what they are doing once they are step into a courtroom.

At Boehmer Law, we handle several areas of law, and we have lawyers dedicated to their particular area of law.  We encourage you to ask them questions about their experience so you feel comfortable with the legal representation you receive.  All our initial consultations are free so call 636-896-4020 to schedule your appointment today.  Let Boehmer Law get to work for you today!

The choice of an attorney is an important one and should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. 

Child Custody and What to Consider

When two parents divorce or separate and they are unable to work out a jointly agreeable parenting plan for their child(ren), they then must go to Court to seek a child custody order. When that happens, the parents are putting the decision of their child(ren)’s and family’s future into the hands of a family law judge who must now decide what plan will be in the over-all best interest of the child(ren).

As one can imagine, such a determination is very difficult for the judge. Faced with claims from each parent about how the other is unfit or neglectful, the judge must consider the evidence before them and come to a decision without having any actual firsthand personal knowledge or prior relationship with either parent or the child(ren). To assist the judge analysis, family law judges will often appoint a Guardian Ad Litem (GAL) to investigate and assess each party’s claims and to come up with a recommended custodial plan.

 

If you have a child custody issue or need help from a St. Charles, MO child custody Attorney, please call Boehmer Law LLC for a free consultation appointment at 636-896-4020. We have several Family Law attorneys that handle child custody issues, and we will evaluate your case to see what can be done to help you.

Regrettably, good parents can end up being classified as unfit or neglectful based upon some simple and avoidable mistakes that are often made by parents who are in the heart of a child custody battle

Refusing to Communicate and Co-Parent with the Other Party
A common mistake that occurs when one of the parents is in the midst of a child custody battle, and refuses to communicate with or co-parent cooperatively. If parents cannot agree on joint legal custody, then the judge may look to see if one parent should have sole decision-making authority due to the other’s refusal or inability to co-parent. If that is the case, then a parent who refuses to communicate with the other about the child(ren)runs the risk of being deemed the “problem” parent who should not be given a say in the important legal custody decisions pertaining to the child(ren).

 
The best course of action for a parent is to present themselves as a cooperative and reasonable adult who is trying his or her best to work with the other parent for the best interest of the child(ren). It is key to show that they are trying to keep an open line of communication regarding the child(ren), and to maintain an air of cooperation when it comes to making decisions about the child(ren)’s well-being.

 

Using Poor Judgement on Social Media
All too often, parents will turn to social media (Facebook, Instagram, etc.) while in the midst of a custody battle to vent their frustrations, belittle the other parent, or even just show their friends all of the fun they are having in their newly-single lives. However, social media is “social” and is not private. Often, the information and images posted on social media are available to the entire general public, which includes the other parent and their attorney.

Some of the best evidence of a parent having a substance abuse or alcohol problem can be provided through pictures posted of the parent looking visibly intoxicated or using drugs. Furthermore, any posts in which the parent speaks poorly of the other parent, the other attorney, and/or the judge provide proof of poor parenting that could be used in court. A good rule of thumb when it comes to social media is to never post something on social media that you would not be comfortable having a judge read or display in open court.

Disobeying the Court’s Temporary Custody Orders
A common approach by the Court is to issue temporary interim custody orders at the onset of a divorce or paternity action, which will remain in place until there is a trial. Such short-term orders can govern the physical timeshare of the child(ren)between the parties, the decision-making power of each parent, and other custody issues.

 
One of the worst mistakes that can be made by a parent is to disobey or disregard the Court’s temporary orders. For example, a parent may fail to return the child(ren)by a specific time on a specific day. Or, a parent may remove the child(ren)from the state without the permission of the other party or a court order allowing such removal. In either case, the other party will undoubtedly bring the matter to the Court’s attention to show that the violating parent does not respect the Court’s authority or desire to cooperate. This type of behavior is not well-taken by family law judges and may have a very negative impact for the parent on the judge’s final decision.

 

Getting Arrested
One of the clearest ways in which a custody litigant can show a family law judge that he or she is not a fit parent is by getting arrested while the custody dispute is pending. If there are allegations of alcohol and/or substance abuse, then a parent’s arrest for a DUI/DWI or possession of illegal drugs will almost certainly confirm the allegation. And, if any of the child(ren)are present in the vehicle while the parent is driving while under the influence or in possession of the narcotics, then the violating parent’s chances of winning in the custody battle are damaged.

 
If one parent accuses the other parent of being unfit, abusive or dangerous to be around and that parent is then arrested for a violent crime, even if they are not convicted or charged, they provide the other parent with ammunition to claim that the arrested parent has an anger management problem or propensity for violence. This could lead to a finding by the judge that the parent may not be permitted to have unsupervised custodial time with the child(ren).

 
If you need help with your Missouri Child Custody issues, please call Boehmer Law today to set up your free consultation with one of our Family Law Attorneys at 636-896-4020.

 

The choice of an attorney is an important one and should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.

Boehmer Law Welcomes Keith Freie

Boehmer Law is pleased to announce that former Assistant Prosecuting Attorney for Montgomery County, Missouri and Gasconade County, Missouri Keith P. Freie is joining our firm.   Keith will be handling Missouri Divorce, Family Law, Wills and Estates and other legal needs.  You may call our office for a free consultation appointment with Keith at 636-896-4020.

 

Keith P. Freie is a Montgomery County, MO native.  Keith was raised on a rural Missouri farm where he operated a grain and livestock operation.  Keith graduated from Wellsville-Middletown where he attended Future Farmers of America (FFA) and Future Business Leaders of America (FBLA).  Keith attended William Woods University where he earned a Bachelor of Art in political/ legal studies and computer information science.

After graduating William Woods University, Keith attended the University of Missouri School of Law.  Keith graduated in the top twenty-five percent (25%) of his graduating class.  While in law school, Keith worked for the Missouri Department of Public Safety, Callaway County Prosecuting Attorney’s Office and a private law firm.

Immediately following graduation, Keith opened his own solo law firm where he represented clients in family and divorce law, mediation services, criminal law, wills and trusts, probate, real estate transactions and disputes, and general civil law.  Keith served as Assistant Prosecuting Attorney for Montgomery and Gasconade Counties.  Keith has also served as Counsel for the Montgomery County Juvenile Office.

Keith resides in Montgomery County and enjoys traveling, demolition derbies and the outdoors.  In his free time, Keith helps out at a local gym where he is a certified personal trainer.

 

 

Divorce from a Child’s Perspective

Divorce is a scary, confusing time in a child’s life—no matter what the age.  While it may not always come as a surprise, it can still alter a child’s world of what they believed to be true and good.  Imagine being a child and then believing the people you love most in the world now ‘hate’ each other.  Now add the feeling of having no control over what your own life and the uncertainty of what the future holds.

At Boehmer Law, we know what it can be like for children when their parents are going through a combative divorce.  It is key to remember that children examine what you say, and they can feel your struggles as well.  In the middle of having your family breaking up, it is easy to get caught up in your own life and not be aware of what is happening to your kids.   Some kids act out, some kids shut down.  Everyone reacts to the stress of this time differently.  Watch for dramatic behavior swings or mood changes—these are big clues on what is going on in your child’s mind.  Open the lines of communication in a ‘consequence free’ tone so your kids can talk to you about their hurt, anger, fears or whatever else is on their mind.

If you find yourself lashing out at your ex-spouse, be aware of your surroundings and be careful around your children. As we have suggested before, seeking the advice of a good family therapist is almost always beneficial. Remembering the impact of your emotions on your children may allow you to choose the time to break down, and to keep the adult issues between the adults.  Kids never need to be the go-between parents as this puts them in the awkward position of potential misdirected anger being pointed in their direction.

If you need help with a divorce of family law matter please contact Boehmer Law LLC by calling 636-896-4020 for a free consultation visit.  See how our St. Charles, MO divorce lawyers and Missouri family law attorneys can help you.