Law Office of Christina M Phillips, PC

02/22/2024

Good morning, all! Our phones are still down, but for now, we have a temporary number and phone service. If you need to get in touch with us, please call: (415) 462-2191. Again, thank you for your patience while we try to resolve our phone issues.

02/21/2024

Our phones are currently down. We are working to get them going again. Thank you for your patience!

02/01/2023

Hello all! We are looking to hire a part-time legal assistant/receptionist. May turn into full-time. Flexible schedule, pay commiserate with experience. Experience preferred, but not required. We will train. Must have excellent organizational and people skills, be able to multitask and willing to pitch in where needed. If you are interested, or know anyone who may be, please let us know.
Thanks!

06/30/2022

Beginning July 1, there will be some changes to Indiana law:
1. As previously mentioned, a permit will no longer be required to carry a firearm (this does not apply to those who are prohibited from carrying such as felons and individuals under 18).

2. Transgender girls will be banned from competing in girls' sporting events. The ACLU is currently appealing this, so keep an eye on this one.

3. The definition of r**e will be exponentially expanding. Beginning July 1, the definition will be as follows: A person who has sexual in*******se with someone who tries to "physically, verbally, or by other visible conduct refuse the person's acts," commits r**e.

4. The Bail Project (which advocates to end cash bail and helps post bail for indigent criminal defendants) now faces new regulations, such as state certification requirements and according to the new law, can no longer post bail for defendants accused of violent crimes. The ACLU is appealing this law based on constitutional grounds, stating the new law violates their rights under the Equal Protection Clause of the 14th Amendment. The ACLU's recent request for injunction was denied. Another one to watch.

06/28/2022

Communication between parents is difficult even in the best of situations. More often than not, it's extremely hostile and parents are unable to communicate effectively. Recently, I have seen co-parenting/communication apps. Courts have actually started ordering parents to use these apps to help facilitate communication between parents. The most acclaimed is Our Family Wizard. Unfortunately, there's a cost, albeit a small cost, associated with the use of this app. The basic plan runs about $12 month. There are free apps out there, too. Cozi is one I have been looking into and the reviews look good. So, if you are struggling with communication and getting nowhere, perhaps a co-parenting app is for you. Give us a call to discuss some available resources that can help you co-parent more effectively.

06/23/2022

Joke of the day:

A lawyer defending a man accused of burglary tried this creative defense: "My client merely inserted his arm into the window and removed a few trifling articles. His are is not himself, and I fail to see how you can punish the whole individual for an offense committed by his limb." "Well put," the judge replied. "Using your logic, I sentence the defendant's arm to one year's imprisonment. he can accompany it or not, as he chooses." The defendant smiled. With his lawyer's assistance, he detached his artificial limb, laid it on the bench, and walked out.

06/03/2022

Victory Alert! Can you be monitored on in-home detention while temporarily working out of the State?

Our Judge thought so (as long as you have permission). But, does it take the sting out of any executed portion of a sentence?

No. It's 2022. We have GPS capability and monitoring an individual who is temporarily working out of state (as long as it's approved) furthers the main objective of the criminal justice system which is rehabilitation and social reintegration. we should allow community corrections to do their thing as they are best situated to make these kinds of calls.

06/02/2022

Good morning Hoosiers! Specifically, my 2nd Amendment advocates!

Beginning July 1, 2022, residents of Indiana are no longer required to have a permit to carry a firearm unless they are prevented from carrying altogether. The list of individuals unable to do so can be found in Section 9 of HEA 1296 (see link below). This means you cannot be charged with carrying a handgun without a license; rather, the crime will become unlawful possession of a firearm.

The enactment of this new law poses an interesting question: Is it retroactive? (meaning, can you go back and get rid of a conviction for carrying without a license prior to the enactment of this law). While statutes are not generally retroactive, there are exceptions where a statute fixes a defect or mischief in the prior law. Arguably, the permit requirement was a mischief that interfered with "lawful Hoosiers" defending themselves. It will be interesting to see how this plays out across the State.

Notably, the law ONLY applies inside the State of Indiana. If you carry outside the State of Indiana, you'll still need that permit for reciprocity.

If you have questions about Indiana's new firearm laws and how those laws affect you, give us a call.

Fi****ms matters. Repeals the law that requires a person to obtain a license to carry a handgun in Indiana. Specifies that certain persons who are not otherwise prohibited from carrying or possessing a handgun are not required to obtain or possess a…

06/01/2022

In an epic, David v. Goliath throwdown, the State of Indiana (along with Texas and the District of Columbia) has sued tech-giant, Google, LLC for allegedly deceiving consumers about how their locations are tracked and used. The State of Indiana’s Complaint relies on Indiana’s Deceptive Consumer Sales Act, which protects “consumers from suppliers who commit deceptive and unconscionable sales acts” and encourages “the development of fair consumer sales practices.” The State’s Complaint alleges that although consumers are supposed to be able to stop Google’s tracking and use of their location by opting out, there is, in fact, no way to prevent the tech-giant from harvesting and profiting from consumers’ location data. The Complaint alleges Google is grossly misleading consumers in violation of the DCSA and the State seeks injunctive relief, along with consumer restitution and civil penalties for each alleged violation.

You can read the full Complaint here:

05/31/2022

Good morning! I hope everyone had an amazing holiday weekend!

However, if your amazing weekend ended with an OWI, give us a call. It's important to speak with an attorney as soon as possible after receiving an OWI as we can help you with any driving suspensions resulting from the charge. If you inform the court that you plan to file a request for specialized driving privileges within ten (10) days or your initial hearing, the Court will hold off on sending any suspension order to the BMV.

While we probably can't make the charge go away, we can help you navigate and possibly avoid most court appearances and make sure you are able to drive as necessary. We can also provide you with information on expunging any conviction from your record.

05/26/2022

Top 5 "DO NOT's" from a divorce lawyer:

#1. (and it's #1 for a reason!) DO NOT post on social media! Even Pinterest boards can be used in court (yea, that was interesting). If you don't want to pause your account during the pendency of your divorce, remember that nothing is private, and these things are admissible in Court.

#2. DO NOT argue/call each other names/etc... via text message. You shouldn't do this anyway, but, most especially via text. Text messages are also admissible in Court. The best response to disparaging texts is no response at all.

#3. DO NOT hide the existence of social media posts and text messages from your lawyer! We hate surprises! If there are potentially damaging things out there, tell/show us so we can prepare how to respond when the time comes.

#4. DO NOT try to hide assets. It will only end up costing you more in the end because trust me...it will be found. And when it's found, you will be sanctioned (usually in the form of paying your ex more money and paying their attorney fees).

#5. DO NOT proceed without an attorney. Especially if the other side has one. An attorney is invaluable in negotiating a fair settlement, or representing your interests if an agreement cannot be reached. I cannot count the number of client's who have come to me after signing an agreement drafted by the other side's attorney and really wished they hadn't. Remember, the other side's attorney represents their client's interests, not yours.

That's where we come in. We are well versed in family law and will make sure you get the representation and resolution you deserve. Give us a call and schedule your free consultation today.

Christina

04/26/2022

Bias against fathers.

We live in a society that simultaneously tells fathers they need to step up as parents, yet aren't as important as mothers. Bias against fathers is epidemic and it leads to fathers giving up instead of fighting to be a part of their child's life. Many of the fathers I have represented feel defeated before they even begin to fight. They feel like the court system always sides with the mother, so why bother with expensive legal proceedings if they will lose anyway? All they want is to spend more time with their kids and they end up having to justify this to every Tom, Dick and Harry (and the court, because referring to the court as a "Tom, Dick and Harry" is not wise!). We don't ask mothers to explain why they want more time with their kids. So, why do we ask this of fathers?

Don't give up on spending more time with your child. Your child needs you and you have just as much a right to be a part of your child's life as their mother, regardless of what society has to say.

We have experience in fighting this bias and are happy to schedule a free consultation to discuss how best to get more time with your child.