FAMILY LAW

Family law involves domestic relationships between marital and non-marital partners and children. Although it generally consists of civil legal proceedings in divorce and juvenile courts, it may also include criminal proceedings when the government prosecutes individuals for child and spousal abuse. Whether your case arises in civil or criminal courts, you should consult with an attorney to determine what rights you have and what penalties you may face. Although you may be able to handle you case yourself in certain circumstances, you should make that decision with some knowledge of the law and your ability to represent yourself. What you don’t know can hurt you.

A. Divorce

Divorce or dissolution of marriage proceedings determine five things: 1) termination of your marriage; 2) custody of your children; 3) payment of child support; 4) payment of spousal support; and 5) division of marital property including automobiles, furniture, bank accounts, securities, real estate, pensions and debts. Divorce can have profound and lasting financial consequences. Because it can be an exceedingly emotional experience, it is difficult for individuals to determine what is in their best interest.

B. Juvenile Proceedings

The principal types of juvenile proceedings: 1) adoption; 2) paternity; 3) custody (where the parties are unmarried); 4) termination of parental rights; and 5) juvenile delinquency. The first four are civil proceedings; the last is a criminal proceeding. In its own way, each proceeding determines some aspect of the juvenile’s relationship with his or her biological, adoptive or psychological parent. Not only are the rights of the child determines, but also those of the child’s parents or legal guardians. Courts decide not only who shall have custody of a juvenile, but also that individual’s obligation to support the juvenile.

As your legal representative, I will advise you of the best course of action to take during these proceedings and will aggressively fight for you in court.

EMPLOYMENT LAW

Employment in Colorado is governed by the doctrine of “employment at will.” Historically, that meant that either an employer or employee may terminate or modify an employee’s employment or conditions of employment without suffering any economic or criminal penalty for doing so. “Employment at will” evolved from the constitutional principle of freedom of contract.

Today, the doctrine of “employment at will” is not as absolute as it was in the past. An employee may not be discharged, demoted, transferred or otherwise mistreated in an employment setting if that action would violate a written or verbal contract, constitute discrimination for reasons involving race, religion, age, disability or gender, or violate certain fundamental liberties of that individual. How and under what conditions an employee may be discharged or punished in an employment setting depends on facts and circumstances involved in the particular case. Only by discussing the matter with an attorney may an employee know whether or not his or her rights were violated and what legal action may be taken.

If an employee applies for unemployment compensation and his or her employer opposes the claim, the employee should contact an attorney to determine how to best present the claim during unemployment compensation proceedings.

Should you have a problem on the job, I can provide you with comprehensive legal assistance to help you resolve it.

When a person is accused of and is prosecuted for a crime, the accused needs a criminal lawyer. Prosecution can occur in the courts of the State of Colorado and United States. Criminal law involves substantive law, rules of procedure, and rules of evidence. The governing principles of law are set forth in the Constitutions of the United States and Colorado, federal and state laws, and judicial decisions.

In Colorado, there are three categories of substantive crimes: 1) felonies; 2) misdemeanors; and 3) petty offenses. There are six classes of felonies, three classes of misdemeanors, and two classes of petty offenses. The penalty for a felony can include death, imprisonment for life and a fine of one hundred thousand dollars. The penalty for commission of a misdemeanor cannot exceed eighteen months imprisonment or five thousand dollars fine or both. The penalty for commission of a petty offense cannot exceed six months imprisonment or a fine of five hundred dollars or both.

Because conviction of a felony has such a serious impact on an individual’s life, you should always obtain the assistance of a lawyer as soon as possible. Misdemeanors, while less serious, can also have dire consequences affecting a person’s life, liberty and financial situation. Conviction of petty offenses, while not as serious as misdemeanors, generally warrant a consultation with an attorney to determine whether to plead guilty or fight the accusation.

Felonies include such serious crimes as murder, manslaughter, rape, robbery, arson, and major drug offenses. Among the misdemeanors and petty offenses one might be accused of are driving while intoxicated, domestic violence, traffic offenses, disturbing the peace, theft, drug offenses.

I will aggressively defend anyone accused of a crime and to assert every right under the law on that person’s behalf.

MILITARY LAW

There are three ways in which I assist service members. First, by representing them in adversarial proceedings brought against them by the armed forces. Second, by assisting them in the prosecution of claims against the armed forces. And third, by representing their interests in civilian legal matters.

A. Adversarial Proceedings

Most service members facing criminal investigations, courts-martial, non-judicial punishment, and administrative separation know about their right to legal counsel. The reason for this is simple: military authorities are required to advise them that they are entitled to legal counsel before they may take adverse legal action against them. In general, legal counsel means a judge advocate detailed to represent them or requested by them if that judge advocate is reasonably available. It also means selected civilian counsel at no expense to the government.

In my three decades of military service, I found that representation by judge advocates was excellent. However, sometimes it is wise to hire a civilian attorney. This occurs when you wish to receive advice and assistance from an attorney who works outside the military establishment. You not only receive two attorneys, but you also receive two perspectives regarding your case. I understand military law and the military legal system, having observed it from the vantage point of a prosecutor, defense counsel and judge. Should you wish to hire a civilian attorney, my expertise and experience will be invaluable in achieving the best result possible for you.

B. Claims

Most service members and their family members do not know that they may need legal counsel when filing claims against the armed forces for injuries or damage to their property caused by the government. Historically, service members and their families were not able to file claims against the government because of the legal doctrine of sovereign immunity. After World War II, Congress passed laws waiving sovereign immunity in certain situations. The military claims system was established to enable service members and their families to file claims against the government without having to go to court. Examples of such claims include injuries suffered in military hospitals, or damage to property caused by the actions of civilian or military personnel acting in the line of duty. I have been a claims judge advocate and have a full and thorough knowledge of the military claims system. Should you need assistance in filing and pursuing a claim against the armed forces, I have the expertise to assist you.

C. Civilian Legal Matters

Normally, service members are not entitled to military legal representation with personal legal problems such as divorce, credit or landlord-tenant problems. Such matters as child and spousal support, custody orders, and division of military pensions frequently arise when military personnel divorce. I understand the system governing military pay and allowances and how it impacts on divorce proceedings. Moreover, I understand the Soldiers and Sailors Civil Relief Act, a federal law protecting service members from overzealous creditors and landlords. Let me help you.

Law Offices of Steven M. Werner, P.C.
301 South Weber Street
Colorado Springs, CO 80903
Tel: (719) 473-4885 Fax: (719) 473-5993
SMW1014@hotmail.com