attorney

Services

At Berk & Moss, P.C. we offer to clients a wide range of services that include the following:

family law

Criminal Defense

Family Law

Our commitment to our clients is our number one goal and we will work hard on your behalf to obtain the best possible result.

Criminal Defense

Pre-Charge Representation

There are times when an individual is arrested but not charged with a crime -- or questioned about an incident or situation -- and the individual may feel in need of legal advice or representation. Most people do not realize what rights they have prior to an arrest.

Innocent party pre-charge representation

An individual may not be involved in an incident but still be named as a suspect. The police must get as many suspects as possible when starting a search to make sure that they do not leave out details. An attorney can expedite an investigation by the police. This can help avoid the embarrassment and stress of a charge. It is important to note that most instances wherein an innocent party is a suspect will not require representation as the police do not want to waste time on investigating an innocent party and are easy to approach with information or evidence of innocence. Most of the times when an innocent party would need representation would be in instances when the innocent party was involved with other people who committed the crime, whether the individual knew of the crime or not. It is also important to note that it is usually less expensive to pay an attorney for a few hours of work before a charge is made than the hours of work that may be involved if charges are pressed.

Guilty party pre-charge representation

First, it must be said that an attorney can NEVER aid in a crime or act in such a way as to hide evidence from the government. An attorney can NEVER advise a client as to how to avoid the law. Pre-charge representation can advise you of your rights and duties. If you plan on admitting your crime, an attorney may be able to help get a lower sentence as courts are more sympathetic to those who show remorse or responsibility for their acts. The cost of hiring an attorney before charges are pressed is worth the benefit of protecting your rights.

Criminal Charge Defense

It is important to hire an attorney or ask to have an attorney appointed for you as soon as charges are issued. Not only can the attorney advise the client of his or her rights but the attorney can also immediately start working for the client on motions and gathering evidence. The police have the advantage of being able to start their investigation before the defendant. The longer the police have before a defendant hires an attorney, the better the lead they have in collecting evidence.

Criminal Record Expungement

An expungement clears the criminal record of a particular crime for which a person was arrested. You can only have your record expunged if you were arrested for a crime, but were not indicted or prosecuted for that crime. Many employers will not hire people who have a criminal history unless the record is expunged. Expungement is relatively inexpensive when the benefits of having a clear record are considered.

Pardons

A pardon is only for those who served all sentences five or more years ago who have led a law abiding life. A pardon shows up on the criminal record to help prevent crimes from being held against a person. While it does take six months or more, this can be extremely beneficial to those who served their sentence and have turned around their lives to become law abiding citizens. Pardons are used in this way in order to help give ex-convicts a second chance.

Family Law

Family Law is the broad term encompassing law dealing with marriage, adoption, guardianships, and any other legal action involving the family. While divorce, child custody, and child support are a part of family law, we have a separate listing for those issues, due to the very different nature of the goals in a divorce action and another action under family law. The main areas of family law are listed in the family law section, but any aspect of law involving family is included in this area of practice.

Divorce

A divorce at its most basic form is a final decree required to legally terminate a valid marriage. During a divorce, the court will decide on property division based on a number of factors, some of which include: what assets were owned by whom before the marriage, the length of the marriage, the amount of work put into acquiring assets, physical and emotional conditions of each spouse, debts acquired by each spouse, and fault in the dissolution of the marriage (abuse, emotional neglect, etc). Divorce actions also often include requests for alimony, child custody, and child support.

If both parties agree to all aspects of divorce, the two can enter into an uncontested divorce. Without an agreement, the divorce is contested. To get started, fill out a divorce worksheet and set up a consultation with one of our attorneys.

Child custody

Child custody disputes determine which parent will have custody of the child/ren. Legal custody is often joint. Legal custody gives the parent the right to make decisions regarding medical treatment, get school records, and do other things that are typically the right of the parent to do. Physical custody is the matter over which most custody battles occur. Physical custody is determination of which parent will be the primary custodian. The physical custodian typically makes the final decision if there is a dispute, and the children stay with the physical custodian.

In the end of a marriage, child custody is legally a separate issue from divorce, but it has been brought under the umbrella of divorce by the courts over the years. It has been drawn into the divorce arena to such a degree that many people do not realize that there is a difference between the two. While the two are usually argued in the same hearing, the method of evaluation is different for determining the custody of a child. In divorce, arguments are made about which spouse deserves which assets and which spouse needs what funds, but children are not assets. Arguments for custody revolve around the best interest of the child.
Child custody hearings evaluate factors such as the suitability of each parent, the psychological, emotional, and developmental needs of the child, the ability of the parents to communicate with each other, the prior and continuing care the parents have given the child, parental support for the other parent's relationship with the child, the wishes of the child (taking into account the child's age and maturity level), the safety of the child, the geographic proximity of the parents, any custodial agreements of the parents, and any history of domestic abuse.

At the age of fourteen (14), a child has the right to choose with which parent he or she wishes to live.