BLOG
By Hoover Kacyon
•
February 4, 2025
Remarrying after a divorce can feel like a fresh start and an opportunity to build a lasting partnership. However, Census statistics show that second marriages have a higher rate of failure than first marriages, making it essential to approach this new chapter with awareness and preparation. For those planning to remarry in Ohio, understanding the legal and personal implications can help set the foundation for a successful union. Unique Challenges of Second Marriages Couples entering a second marriage often face hurdles not present in first marriages. Some of these challenges include: Lingering emotions like resentment or anger toward a former spouse. Balancing greater financial and personal independence. Managing financial obligations, including child support or alimony. Blending families and navigating relationships with stepchildren. Adjusting to changes in social networks and family dynamics. Steps to Consider Before Remarrying To increase the likelihood of a successful second marriage, thoughtful planning is crucial. Key steps include: Understanding Past Mistakes: Reflect on the reasons your first marriage ended. Identify patterns or behaviors to avoid repeating in your new relationship. Discussing Family Dynamics: Blending families can be challenging. Open communication with your children and your new partner about expectations and concerns is essential for building trust and harmony. Reviewing Financial Implications: Second marriages often involve complex financial considerations, including: Alimony : Remarriage typically terminates alimony payments. Notify your former spouse promptly, as required by your divorce agreement. Household Finances : Discuss shared expenses and financial responsibilities to avoid conflict later. Life and Health Insurance : Update beneficiaries and ensure compliance with previous agreements before making changes. Considering a Prenuptial Agreement : Protect your premarital assets and plan for your children’s inheritance with a prenuptial agreement. This precaution is especially valuable if there are significant financial disparities between you and your partner. Emotional Readiness: Before remarrying, take the time to heal and address any unresolved emotions. Counseling can help you process lingering feelings and prepare you for a healthy relationship. Setting Yourself Up for Success While challenges exist, second marriages can thrive with open communication, mutual respect, and a shared commitment to resolving issues as they arise. Building trust with your partner and stepchildren and prioritizing the relationship can help create a strong foundation for your new family. Contact Hoover Kacyon, LLC If you’re planning to remarry and have concerns about the legal implications, the experienced family law attorneys at Hoover Kacyon, LLC can help. We provide guidance on prenuptial agreements, financial planning, and family dynamics to ensure you’re fully prepared for this new chapter. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact us today to schedule a consultation and receive personalized advice tailored to your unique situation. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
January 15, 2025
When you’ve built a successful business, safeguarding it is crucial—especially within the context of marriage. While no one enters marriage expecting a divorce, planning for potential outcomes can protect both your livelihood and your peace of mind. Several proactive strategies can help you secure your business interests, such as prenuptial agreements, postnuptial agreements, and buy/sell agreements. Prenuptial Agreements A prenuptial agreement is a powerful tool for ensuring your business remains protected in the event of divorce. This legally binding document entered into before marriage, allows both parties to agree on how to divide assets if the marriage ends. Specifically, you can designate whether your business qualifies as marital property. By excluding the business from marital property, you protect it from being subject to division. Prenuptial agreements are widely recognized and often provide the strongest protection for business owners. Postnuptial Agreements If you’re already married and haven’t established a prenuptial agreement, a postnuptial agreement offers an alternative. These agreements serve a similar purpose, allowing you to outline how to treat business assets in case of divorce. However, postnuptial agreements can be more challenging to enforce than prenuptial agreements, as courts may scrutinize them more closely to ensure fairness. Still, they can be an effective safeguard when drafted with the help of an experienced attorney. Buy/Sell Agreements For those who co-own a business, a buy/sell agreement can provide additional protection. This type of agreement determines how a spouse’s interest in the business will be valued and handled during a divorce. It can specify a cash award for the spouse’s share while ensuring that the business remains operational under your control. Buy/sell agreements not only protect your business but also provide clarity and stability during potentially turbulent times. Taking Action to Secure Your Business Proactively addressing the “what ifs” with legal agreements allows you to focus on growing your business without worrying about unforeseen complications. Consulting an attorney to create tailored agreements can ensure your business interests are thoroughly protected, no matter what the future holds. At Hoover Kacyon, LLC, we understand the importance of safeguarding your hard-earned business. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact us today to discuss your options and take the first step toward protecting your financial future. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
January 7, 2025
Between 2019 and 2024, the Ohio State Highway Patrol made 101,809 arrests for operating a vehicle while impaired (OVI), with approximately 30% involving repeat offenders. Ohio's laws impose strict penalties on impaired driving, particularly for repeat offenses. Understanding the potential consequences and legal options is crucial when facing an OVI charge. What Constitutes OVI in Ohio? Ohio Revised Code Section 4511.19 outlines OVI laws, which prohibit operating any vehicle, streetcar, or trackless trolley under these conditions: Being under the influence of alcohol, drugs, or their combination Having a blood alcohol concentration (BAC) of 0.08% or higher Exceeding legal limits of controlled substances like cocaine, marijuana, or heroin Even if your substance levels fall within legal thresholds, you can still be charged if the impairment is evident. Immediate Consequences of an OVI Arrest Law enforcement may suspend your license immediately if chemical testing confirms you are over the legal limit. This administrative suspension begins immediately and ranges from 90 days to five years, depending on prior offenses. Refusal to submit to chemical testing under Ohio's implied consent laws also results in immediate suspension, lasting one to five years. Criminal Penalties for OVI Convictions Penalties depend on prior convictions, BAC levels, and compliance with testing. First Offense Jail: 3 days to 6 months Fines: $375 to $1,075 License Suspension: 1 to 3 years Second Offense Jail: 10 days to 6 months Fines: $525 to $1,625 License Suspension: 1 to 7 years Third Offense Jail: 30 days to 1 year Fines: $850 to $2,750 License Suspension: 2 to 12 years Subsequent offenses may lead to felony charges with harsher penalties. Defending Against OVI Charges An OVI conviction requires proof beyond a reasonable doubt. If evidence was collected improperly or your constitutional rights were violated, it might be possible to suppress it. Another potential strategy is negotiating plea agreements for reduced charges, though Ohio does not offer pre-trial diversion programs for OVI cases. Seek Legal Assistance Ohio's stringent OVI laws necessitate having an experienced advocate on your side. A skilled attorney can help navigate the legal system, protect your rights, and minimize penalties. If you're facing OVI charges, contact a lawyer promptly to discuss your case and legal strategy. If you need representation and someone to guide you through the OVI process to get the best possible outcome, contact the attorneys at Hoover Kacyon, LLC. The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
November 27, 2024
A DUI (driving under the influence) conviction carries severe consequences, including potential jail time, license suspension, and substantial fines. Beyond these penalties, a DUI conviction may also complicate divorce proceedings, influencing property division and child custody outcomes. If you or your spouse face DUI charges during a divorce , it’s critical to consult with an experienced attorney, like those at Hoover Kacyon, LLC, to understand your options and protect your interests. DUI and Its Impact on Divorce In Ohio, the repercussions of a DUI can extend beyond the criminal court and into family law matters. A conviction can negatively influence property division during divorce proceedings. Courts aim for an equitable division of marital assets, but a DUI-related financial strain—such as fines, legal fees, and court costs—may leave fewer resources available for negotiation. Child custody is another area where a DUI conviction can have significant implications. If one parent has been convicted of drunk driving, the other parent’s attorney may use this to argue against awarding custody. Courts in Ohio prioritize the child’s best interests, and a history of impaired judgment or dangerous behavior, such as DUI, can weigh heavily in custody decisions. A conviction may result in reduced parenting time or loss of decision-making authority for the child’s welfare, including education and medical care. Understanding DUI Laws in Ohio In Ohio, DUI laws (often referred to as OVI or operating a vehicle under the influence) impose penalties based on factors like blood alcohol concentration (BAC) and prior offenses. Depending on the circumstances, a DUI may be charged as a misdemeanor or a felony. A conviction can lead to a license suspension, which may hinder your ability to fulfill parenting responsibilities or meet employment obligations. How Hoover Kacyon, LLC, Can Help Divorce proceedings are complex, and the added element of a DUI can make the process even more challenging. The skilled family law attorneys at Hoover Kacyon, LLC are here to help. Our team provides personalized legal guidance tailored to your unique circumstances, ensuring you understand how a DUI could affect your divorce. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact Hoover Kacyon, LLC today at 330-922-4491 to schedule a consultation and take the first step toward protecting your rights and future.
By Hoover Kacyon
•
November 25, 2024
Prenuptial agreements, or prenups , are essential legal documents created before marriage to establish how assets and liabilities will be divided in the event of divorce or death. For high-net-worth individuals, these agreements are crucial for protecting wealth, investments, and business interests. At Hoover Kacyon, LLC, we emphasize the value of proactively addressing financial matters, especially when substantial assets are involved. Asset Protection A primary benefit of prenuptial agreements is safeguarding assets. High-net-worth individuals often have complex financial portfolios, including real estate, businesses, stocks, and inheritances. Without a prenup, dividing these assets during a divorce can become unnecessarily complicated. A well-drafted prenuptial agreement ensures clear guidelines for asset division, helping to mitigate conflicts and streamline the resolution process. Transparency in Marriage Prenuptial agreements also promote transparency and clarity regarding financial expectations within a marriage. At Hoover Kacyon, LLC, we encourage open communication between partners when drafting prenups. These discussions not only protect assets but also foster mutual understanding, creating a solid foundation for a lasting relationship. Our collaborative approach to family law ensures our clients' interests are prioritized while promoting amicable resolutions. Beyond Asset Protection Prenuptial agreements address more than just asset protection; they can also cover spousal support and future property rights. For individuals entering a marriage with significant assets, such as a home, retirement accounts, or anticipated inheritances, it’s essential to have open discussions about how these assets will be handled in the event of divorce. A prenup provides fairness and financial security for both spouses, offering peace of mind as they move forward together. Postnuptial Options Effective January 1, 2023, Ohio law has drastically changed to allow for postnuptial agreements between spouses. This update means that now, after parties are married, they can enter into a contract with one another that changes some of their legal rights and responsibilities, similar to what a prenuptial agreement can do before parties are married. Contact Us Today For high-net-worth individuals in Ohio, prenuptial agreements are more than legal documents—they are tools for asset protection, transparency, and long-term stability. Let Hoover Kacyon, LLC guide you through the process with professionalism and compassion. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact us at 330-922-4491 or online to learn more about prenuptial agreements or postnuptial services.
By Hoover Kacyon
•
November 12, 2024
Divorce marks a significant change in life, not just emotionally but also financially. Understanding how to protect your investments through this transition is crucial to setting a stable foundation for your future. Here, we outline essential steps to help safeguard your assets and navigate the process effectively. 1. Know Your State’s Property Division Laws State laws guide the division of assets in divorce, which generally follow either community property or equitable distribution principles. Ohio follows equitable distribution of property , which aims for fairness, not necessarily a 50/50 split. In either case, any property acquired during the marriage is typically considered “marital property” and subject to division. Knowing your state’s approach can help you prepare and plan strategically. 2. Inventory Your Assets A critical early step is identifying all your financial and investment accounts. Even if you haven’t managed the finances before, it’s essential to familiarize yourself with account details, including types of ownership (joint or individual), balances, and access information. This step will provide a clearer picture of your marital assets and help prevent any surprises later. 3. Consider Consulting a Financial Advisor A financial advisor can be invaluable, especially if you and your spouse have substantial investments. They can help create a marital net worth statement, calculate tax implications, and guide you through potential pitfalls. If you previously shared an advisor with your spouse, consider hiring an independent one to avoid conflicts of interest. An advisor will also help you build a post-divorce financial plan and protect your credit. 4. Update Beneficiaries Divorce is an ideal time to review and update beneficiary designations on your investment accounts, as these take precedence over wills. Neglecting to update beneficiaries could unintentionally benefit your ex-spouse. Simply log in to your accounts or contact your financial institution to make these changes. 5. Document Contributions  In equitable distribution states, the court considers each spouse’s contributions to the marriage. If you made financial sacrifices, such as paying down debt or managing a home renovation, keep records as evidence. This documentation could strengthen your case for a fair share of the assets. Dividing Investments in Divorce Investment accounts, especially retirement plans, can be challenging to divide. Workplace retirement plans like 401(k)s require a Qualified Domestic Relations Order (QDRO) to allocate funds to an ex-spouse without incurring penalties. Understanding the tax implications of different account types—such as traditional IRAs versus Roth IRAs—is also important, as the long-term impact can vary. In Essence Divorce is undeniably difficult, but taking the proper steps can safeguard your financial future. By working with a financial advisor and understanding your rights, you can approach asset division with clarity. At Hoover Kacyon, LLC, we understand the complexities of divorce and asset protection. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
November 11, 2024
Spousal support, formally known as alimony , is often a central issue in divorce cases, designed to ensure financial fairness and provide stability to a spouse after a marriage ends. In Ohio, spousal support laws aim to assist dependent spouses as they transition to financial independence, making it essential for those going through a divorce to understand the process. Who Qualifies for Spousal Support? Ohio bases spousal support eligibility on several factors, including the duration of the marriage, the standard of living during the marriage, each spouse’s earning potential, age, health, and contributions to the household. Courts take these factors into account when deciding if support is warranted and, if so, how much and for how long. Types of Spousal Support in Ohio Ohio law recognizes different types of spousal support. Temporary support may be provided during the divorce process to help a spouse meet immediate needs. Short-term support can assist a spouse in adjusting to new financial realities, while long-term or permanent support may be awarded in situations where one spouse cannot achieve financial independence due to age, health, or other factors. How is Spousal Support Calculated? Unlike some states, Ohio does not use a specific formula to calculate spousal support. Instead, the court examines both parties’ income, earning capacity, financial needs, and any existing child support obligations. This case-by-case approach allows for flexibility in determining fair support but also requires careful consideration of each unique situation. Adjusting and Ending Spousal Support Spousal support orders are not always permanent. They can be modified or terminated under specific circumstances, such as job loss, retirement, or a significant change in the financial status of either spouse. In many cases, support will automatically end if the recipient spouse remarries or if the court deems the original order no longer necessary. Tax Implications for Spousal Support Since the 2018 Tax Cuts and Jobs Act, spousal support payments are no longer tax-deductible for the payer, and recipients do not have to declare them as taxable income. Understanding these tax changes is vital for those negotiating or paying spousal support, as they can impact overall financial planning. Negotiating Outside of Court Divorcing couples can also negotiate spousal support outside the courtroom through mediation or collaborative divorce, allowing for greater flexibility and more personalized agreements. This process can be less contentious and give both parties more control over the outcome. The Importance of Legal Representation Navigating Ohio’s spousal support laws can be challenging, and it’s essential to have skilled legal guidance. The experienced family law attorneys at Hoover Kacyon, LLC, serving Akron, Cuyahoga Falls, and Fairlawn, can help you understand your rights and obligations, work through negotiations, and represent your interests in court. Whether you’re seeking or contesting spousal support, Hoover Kacyon, LLC is here to guide you through each step of the process. For a comprehensive consultation and to explore your options, contact us today at 330-922-4491 or reach out to us online.
By Hoover Kacyon
•
October 16, 2024
Parents in Ohio who either pay or receive child support often have misconceptions about how the system works. These misunderstandings can cause frustration and conflict between parents, sometimes leading to unnecessary legal battles. To avoid confusion, it's important to understand the facts about child support. Below are six common myths and the truths behind them. Myth #1: Child Support Is Based on the Child's Needs Truth : While a child's needs are considered, the primary factor in determining child support is the income of both parents. Ohio uses a specific formula that combines the gross income of both parents, taking into account certain deductions like local taxes, support for other children, or spousal support. The aim is to ensure a fair distribution of child-rearing costs based on the parents' financial situations. Myth #2: Child Support Must Only Be Spent on the Child Truth : Child support is meant to contribute to the child’s overall welfare, but there’s no strict requirement for how it is spent. In Ohio, support can be used for housing costs, utilities,transportation, food, and even entertainment. While these expenses may also benefit the custodial parent, they don't make the spending improper. Only in extreme cases where the child’s needs are neglected would the court intervene. Myth #3: Moving Out of State Cancels Child Support Obligations Truth : Relocating to another state or even outside the country does not relieve a parent from their responsibility to pay child support. The obligation remains, regardless of where a parent lives. Courts and agencies can enforce child support orders across state and national borders. Myth #4: Quitting a Job Can Eliminate the Duty to Pay Child Support Truth : A parent cannot simply avoid child support by quitting their job. If a parent intentionally becomes unemployed to avoid payments, the court may continue to enforce the original support order. Judges may base payments on the parent's potential income or assign an obligation based on minimum wage. Myth #5: Having Children with a New Partner Lowers Child Support Truth : The number of children a parent supports is a factor in determining child support, but having more children doesn’t automatically lower payments. If a parent’s income increases with a new partner, child support could stay the same or even rise depending on the circumstances. Myth #6: Child Support Ends When the Child Turns 18 Truth : In Ohio, child support typically ends when a child turns 18, but exceptions exist. Support may continue if the child is still in high school or is disabled and unable to support themselves. Additionally, the obligation will continue if parents agree in a divorce settlement to extend support past 18. By understanding the facts and clearing up these misconceptions, parents can navigate the child support process with less confusion and conflict. Hoover Kacyon, LLC, is a trusted partner in child custody legal matters, delivering results through our unwavering dedication, vast experience, and proven track record in litigation and appeals. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kacyon, LLC Attorneys at Law are here to assist you with the sensitive nature of child custody cases. If you need assistance, know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
October 7, 2024
When people think about dividing assets in a divorce, they often focus on the larger, more obvious items such as houses, cars, and real estate. However, in high-income divorces, other significant assets come into play and must be considered during property division. These assets are often classified as high-value property. What Qualifies as a High-Value Property? No specific financial threshold qualifies an asset as high-value, but certain items are generally regarded as such due to their worth. These include: Artwork Collectibles Family heirlooms Jewelry (i.e., wedding rings and engagement rings) Vacation homes or investment properties Luxury vehicles Marital vs. Separate Property Marital property includes anything that either spouse acquired during the marriage, regardless of whose name is on the deed or title. For instance, even if only one spouse’s name appears on the title of a vehicle or the deed to a home, it is still considered marital property and will be subject to division. In contrast, separate property refers to items one spouse owned before the marriage. Personal gifts and inheritances received by one spouse (unless gifted by the other spouse) are also considered separate property and generally not subject to division. Retirement Accounts Retirement accounts, such as 401(k)s, IRAs, and pensions, are considered marital property if contributions were made during the marriage. Since pensions often represent a large portion of a person’s investments, they are frequently a major point of contention in high-income divorces. Equitable Distribution Ohio courts follow the principle of equitable distribution, meaning property is divided fairly , though not necessarily equally. This approach can complicate the division of high-value assets, especially since only some things can be easily split. Equitable distribution doesn't always mean a 50/50 division but rather what the court deems fair based on the specifics of the marriage. In high-income divorces, spousal support may favor the lower-earning spouse. This factor can create more disputes over how to divide assets, particularly when both spouses contribute to accumulating high-value property. Equitable Distribution Factors Judges in Ohio consider several factors when deciding how to divide marital assets, including: The duration of the marriage Each spouse’s income and separate assets Whether there are children and custody arrangements The standard of living maintained during the marriage The health and age of each spouse Division of High-Value Property Dividing property is straightforward for liquid assets like cash. However, high-value items like real estate or artwork are more difficult to split. Couples are encouraged to reach an agreement on how to handle these assets, as this can be quicker and less expensive than going to court. If no agreement is made, one spouse may keep the asset while compensating the other with an equivalent value in different assets. Concealing High-Value Property In some high-income divorces, one spouse may attempt to hide assets to avoid losing them in the divorce. Methods of concealing assets include underreporting income, hiding assets with third parties, or deferring raises. Hiding assets is illegal and can lead to severe penalties if discovered. If you suspect this behavior a divorce attorney who can work with financial experts to uncover hidden assets. Hiring a law firm familiar with high-value divorce proceedings and splitting of property will significantly impact how you and your future are protected. No matter how complicated or complex your divorce might be, the Hoover Kaycon Attorneys at Law serving Akron, Cuyahoga Falls, and Fairlawn are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
September 24, 2024
In the United States, over half of previously-married families are either remarried or recoupled, leading to many children having step-parents. However, the rights of step-parents in shared custody situations can be complex and limited compared to biological parents. Understanding these rights is crucial for maintaining a positive relationship between biological parents, step-parents, and the children involved Step-Parent Rights in Joint Custody Arrangements Legal Limitations and Permissions Medical Decisions: Step-parents cannot consent to medical treatments for their step-children without a signed consent form from at least one of the biological parents. In emergencies, step-parents can take the child to the hospital but need to obtain consent to treat from whichever parent is charged with making medical decisions. If both natural parents have medical decision-making authority, either of them could allow a step-parent to treat the child; however, a step-parent should never circumvent the rights of the biological parents to act. Educational Access: Under the Family Educational Rights and Privacy Act (FERPA), step-parents can access school records and attend school events if the child lives with them part-time, absent a state court order to the contrary. However, it's advisable to have written consent from at least one of the biological parents. Also, step-parents should never seek to circumvent the biological parents. Custodial and Disciplinary Participation: Step-parents may be required to follow existing custodial and disciplinary agreements set by a judge during the biological parents' divorce. Adherence to these guidelines is expected for the step-parent. If not, the court can hold the step-parent's spouse accountable for allowing a step-parent to act in an inappropriate or overreaching manner. To avoid nasty and costly legal battles, it is highly advisable that a step-parent NEVER engage in corporal punishment. Gaining Legal Footing: The Complexities of adoption, step-parent guardianship and visitation matters. Adoption and Guardianship Adoption: In most states, there are proceedings for step-parents to adopt their stepchildren if the other biological parent has abandoned the child or has failed to financially support the child. However, these scenarios do not occur often when biological parents have a shared custody arrangement since abandonment by at least one parent is the prerequisite. Legal Guardianship: A legal guardianship grants some legal authority to a non-parent without requiring a biological parent to permanently give up the rights to their child. However, it's challenging to obtain if both biological parents are capable and involved. Visitation Rights: Post-divorce from a biological parent, former step-parents can seek visitation rights to maintain their relationship with their former step-child, but there are complexities involved. Legal support can assist in understanding and obtaining these rights. Seek Professional Legal Guidance For step-parents navigating shared custody situations and/or who need assistance in understanding and exercising their roles, knowledgeable legal support is crucial. The family law experts at Hoover Kaycon Attorneys specialize in representing step-parents in all of these matters and can help ensure step-parents have smooth integration into shared custody arrangements. With extensive experience and a track record of success, the lawyers at Hoover Kacyon, LLC are committed to helping you achieve your goals and maintain healthy family dynamics. By focusing on mediation, fair negotiations, and realistic expectations, the attorneys at Hoover Kaycon LLC can help step-parents successfully navigate the complexities of blended families. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to assist you with the sensitive nature of child custody cases. If you need assistance, know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
August 28, 2024
Imagine having a trusted ally ready to manage your affairs and uphold your wishes, even when you can't—this is the power of establishing a Power of Attorney . What is a Power of Attorney? A Power of Attorney (POA) is a legal document that allows you to appoint someone to handle your financial, legal, or health-related matters. This appointed person, your agent or attorney-in-fact, can have broad or specific powers based on your preferences and needs. Safeguarding Your Interests By having a POA, you ensure your interests are protected if you cannot make decisions. Your agent can manage your finances, pay bills, and make critical financial decisions, preventing potential financial abuse and ensuring your affairs are in order. Honoring Your Wishes A POA ensures your wishes are respected, even if you cannot communicate them yourself. You can provide detailed instructions on end-of-life care or asset distribution, avoiding potential disputes and confusion among family members. Avoiding Legal Hassles Without a POA, a court might have to appoint a guardian or conservator to handle your affairs if you become incapacitated. This process can be lengthy and costly and may result in someone you do not trust making decisions for you. A POA helps you avoid this scenario by giving you control over who will act on your behalf. Peace of Mind A POA offers peace of mind by designating a trusted person to manage your affairs and make decisions for you. This designation alleviates stress not only for you but, your loved ones, knowing that your interests and wishes are safeguarded. Protect Your Future Establishing a Power of Attorney is crucial in planning for the future. It protects your interests,ensures your wishes are followed, helps avoid legal complications, and provides peace of mind for you and your family. Understanding and utilizing this essential legal tool can help you confidently navigate any uncertainties that may arise. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
August 14, 2024
When a relationship ends, creating new parenting arrangements can be challenging. However, co-parenting effectively is crucial for the well-being of your children. Keeping parents involved in a child's life usually benefits the child, but it requires careful planning and cooperation. Here are some essential guidelines and tips to help you navigate the complexities of co-parenting. The Importance of Co-Parenting The primary goal of co-parenting is to ensure that children maintain healthy and safe relationships with both parents. This harmonious relationship often means making compromises and working through practical issues. For instance, you and your co-parent might want equal time with your child, but this might only sometimes be feasible due to various factors. Additionally, geographical distance between parents can complicate living arrangements, though children generally fare better when parents live close to each other. Establishing a Co-Parenting Plan A well-thought-out co-parenting plan is essential. This plan should clearly outline care arrangements, parental responsibilities, and the dynamics of the new parental relationship. Key elements to include are: Visitation Schedule: Define when and how each parent will spend time with the child. Education: Ensure both parents are involved in educational decisions and activities. Finances: Agree on financial responsibilities for the child's upbringing. Medical Needs: Outline how to handle medical care and emergencies. Holidays and Special Events: Plan how to spend holidays and birthdays. Decision-Making: Establish guidelines for resolving disputes and making joint decisions. Backup arrangements are also crucial. Discuss contingency plans for unexpected situations, such as a child falling ill and needing to stay home from school. Communication methods, such as in-person meetings, phone calls, or emails, should be agreed upon. Flexibility and Adaptability Flexibility is vital in co-parenting. For example, a child starting school or participating in new activities might require adjustments in the parenting plan. Accepting different parenting styles is also important. While preferences might differ, focus on your child's health and safety rather than minor disagreements. Promoting Positive Relationships Encouraging your child to stay connected with their other parent helps them feel secure. Displaying family photos that include the other parent and speaking positively about their time together fosters a supportive environment. Keep the other parent updated on your child's activities and milestones through shared calendars or communication apps. Handling Special Celebrations Special days like holidays or birthdays can be challenging. Some parents split the day, while others alternate celebrations yearly. Creating new traditions while preserving some old ones can make these occasions enjoyable for everyone. It's essential to discuss these plans with your child and, if appropriate, include them in the decision-making process. Coping with Emotions Co-parenting can evoke feelings of loss and loneliness when your child is with the other parent. Use this time to focus on self-care, such as exercising, spending time with friends, or pursuing hobbies. Planning activities can help manage these emotions and provide a positive distraction. Seeking Professional Help If creating or adjusting a co-parenting plan proves difficult, seek assistance from family dispute resolution practitioners, mediators, or relationship counselors. Resources like The Ohio State University in-person or online courses and information found on the Center for Family Safety and Healing website can also provide valuable support. Successful co-parenting requires patience, communication, and a willingness to adapt. Focusing on your child's needs and maintaining a cooperative relationship with your co-parent can create a nurturing and stable environment for your child to thrive in. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to assist you with the sensitive nature of family law cases. If you need assistance, know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
August 7, 2024
Divorces bring hurdles and emotional turmoil. High-asset divorces are a unique challenge with more at stake. High-asset divorces are usually defined as divorces with over $1,000,000 in liquid assets, substantial business or real estate ownership, substantial investment account holdings, or combined annual incomes above $750,000. With these kinds of assets on the line, these are not "run of the mill" cases and should be handled by an attorney with added experience, credentials, and experience in these matters. Attorneys with education and experience in high-asset divorce cases know the following 10 mistakes to avoid in a high-asset divorce, as listed below. 1. Rushing to the courthouse: Absent matters of financial misconduct or secreting of assets or marital funds, opting for a private negotiation with a skilled mediator can help avoid public litigation and achieve a fair settlement, as exemplified by high-profile cases like Bill and Melinda Gates. With high-net-worth individuals, privacy is even more important, and having an attorney experienced in avoiding litigation when it best benefits a client is key. Divorce mediation and dissolution of marriage proceedings present a more cost-effective and efficient alternative that allows for greater control over settlement terms, resulting in higher satisfaction rates and reduced chances of future legal disputes. Research shows that divorcing spouses who opt for mediation and/or dissolution also report higher compliance rates and fewer post-divorce conflicts than those who go through adversarial litigation in court. 2. Entitlement During Negotiations: Feeling like your efforts during your marriage need to be reflected in your settlement may harm the process and are contrary to Ohio law. Acknowledging the contributions of both spouses can lead to a fairer division of assets and a more amicable divorce process because Ohio statutes are clear that any assets accumulated during the marriage are considered to be the joint effort of both spouses. Because of this, it's crucial to avoid entrenched positions driven solely by a sense of entitlement to preserve the assets both parties worked hard to accumulate for the benefit of the family (and not spending it all on divorce lawyers!). 3. Poor Choice of Divorce Attorney or Law Firm: Opting for a "one size fits all" approach in choosing your legal representation can lead to being mismatched by a more skilled opposing counsel. Whether you want to settle your case quickly and amicably or desire more aggressive litigation, you need a lawyer and legal team who know the law well and have experience in your particular court system and the specific issues that are most important to you. For example, a general practitioner will not be as intimately aware of new and emerging issues in family law as someone who focuses the entirety of their practice in this specific field. 4. Hiding or Not Disclosing Assets: During the divorce, you'll undergo a discovery process, where you disclose all your financial details, and your spouse will be required to do the same. Hiding or failing to disclose assets can have a disastrous outcome for the person engaging in such activity, which courts call "financial misconduct. Sometimes, forensic accounts are necessary to help discover the financial misconduct of an opposing party. 5. Forgetting About Estate Planning: Wealthy couples often allocate assets for their children's future, but during a divorce, these funds can become a point of contention. Often, these matters can be resolved with adequate estate planning during and combined with the divorce process to ensure the assets are passed down to the next generation of family members. 6. Expecting Inheritances: For high-asset couples, assuming future inheritances during divorce negotiations can lead to significant financial complications. While one spouse may anticipate an inheritance, there are no guarantees, and basing property division or spousal support agreements on potential inheritances can prolong disputes. Discussing how inheritance or potential inheritance may come into play when divorcing with a divorce professional early on is crucial to navigating such complexities effectively. 7. Not Considering Tax Implications: With high-asset divorces come additional worries and tax implications, such as capital gains on selling real estate or liquidating investments. These matters can significantly impact asset division. Timing your divorce filing can also affect tax liabilities, making it essential to work with a divorce professional who understands these complexities and how to best navigate them to keep as much money in your pocket as possible and out of the hands of the government. 8. Not knowing the complexities associated with child and spousal support: Child support guidelines in the U.S. can be challenging for high-income earners or self-employed individuals due to upper-income limits and variable income components. Ohio amended its child support rules in June 2023, but the spousal support laws have not been amended in nearly twenty years. Negotiating expenses beyond basic needs like food and shelter, such as car insurance or private school, becomes essential for divorcing parents, especially in high-income families with higher extraordinary costs. Specific factors for high-earning individuals also come into play post-divorce lifestyle expectations, varied compensation structures, and employment risks unique to high-level employees. Parties in high-net-worth divorces must consider these complexities and plan for future changes to avoid future court disputes years after the divorce has been finalized. 9. Lack of Financial Planning: Typically, one spouse in high-asset cases manages household finances and understands the costs associated with maintaining their lifestyle, while the other spouse has less knowledge of the family's finances. The other spouse must become financially informed to avoid unrealistic settlement demands and prolonged, costly divorce proceedings that hinder reaching a negotiated settlement. After divorcing, however, both parties must change their lifestyles to understand their finances and how their former spouse's finances may continue to impact theirs. Having an attorney who can help navigate financial planning and make referrals to financial planning specialists can bring added security to someone in their post-divorce era 10. Misinformed expectations: High-net-worth couples can divorce amicably by prioritizing their children's well-being, engaging in full financial disclosure, and negotiating with mutual respect. This approach preserves wealth and leads to a peaceful resolution that benefits everyone involved. However, this is not the case for everyone. Hiring a law firm familiar with high-asset divorce proceedings and splitting of property will significantly impact how you are protected and your future. No matter how complicated or complex your divorce might be, the Hoover Kaycon Attorneys at Law serving Akron, Cuyahoga Falls, and Fairlawn are here to answer your questions and help you through the process. We promise we know much more about this than your sister's neighbor's cousin! At Hoover Kacyon, LLC, we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
February 5, 2023
Facing a felony of any kind is a serious matter. A felony conviction can bring prison time, fines, and penalties long after you serve your sentence. Starting off strong in your case will give you the best chance at avoiding harsh consequences. Follow these steps if you are charged with a felony: Remain Silent: Deciding to invoke your fifth amendment and kindly refusing to answer any questions without a lawyer present will prevent you from incriminating yourself. Stay Calm and Polite: Remind yourself to cooperate and be nice even if wrongfully arrested or are met with aggression. Any resistance or anger may only make you look guilty or result in additional charges. Contact Attorney: The single most important decision you will make when facing felony charges is calling an attorney to get a professional looking at all the legal aspects for your best possible outcome. Know Your Offense: Familiarize yourself with the crime and potential punishment associated with what you may be facing so you understand the gravity of the situation. No Posting Bail: Speak with your attorney before a loved one posts bail so there’s time to evaluate the charges, and see if the bail should be lowered, or if you should be released without bail. Having the proper guidance from a criminal defense attorney will likely save you time, effort, and money. Be Honest: Honesty is the best policy when relaying information to your attorney (it is confidential). The more details they know, the better equipped they will be to defend you and the more prepared they can be to provide you with the best possible results. Avoid Talking to Family/Friends: Confidentiality rules do not extend to friends and family, so talking about the case with them should be strictly off-limits until after the case has concluded. Write Your Version: As soon after the incident as you can, write down everything you remember of the event while it is still fresh in your mind and you can recall more accurate details. List Witnesses: Not only do you want a list of anyone who may have seen the crime take place, but you also want to write contact information and names of anyone who could testify on your behalf as a show of your good character. Attend Court: Make a calendar and set alarms so you don’t forget the dates and times; failure in court does not reflect well and can result in a warrant for your arrest. If you are facing felony charges, Hoover Kacyon, LLC has attorneys ready to get you the best possible outcome. The Hoover Kacyon, LLC. lawyers are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
January 25, 2023
Even though the medical marijuana program was to be fully operational by September 2018, sales didn’t begin until the start of 2019 due to regulatory red tape. This red tape has made permissions and ramifications unclear. Here are the pieces you need to know about medical marijuana laws in Ohio. Qualifying Conditions Patients who are prescribed medical cannabis by a doctor to treat one, or more, of 21 qualifying conditions are the only ones allowed to use medical marijuana. The 21 conditions include cancer, PTSD, traumatic brain injury, chronic or severe pain, CTE, Parkinson's, Alzheimer's, HIV / AIDS, amyotrophic lateral sclerosis, Crohn’s disease, epilepsy/seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, sickle cell anemia, spinal cord disease or injury, Tourette’s, and ulcerative colitis... Approved Doctor Prescriptions State Board of Ohio-approved doctors only can recommend medical cannabis. The requirements by law for them to recommend use are having a patient-doctor relationship, reviewing patients’ past month of prescriptions, and discussing the risks and benefits of treating their conditions with marijuana. Required Registration To purchase, possess, and use medical marijuana, patients and caregivers must be registered with the State Board of Pharmacy. Registered patients and caregivers will receive registry cards and photo IDs that are valid for one year and are mandatory to have to buy marijuana at a licensed dispensary in Ohio. Number Details A 90-day supply is permitted for patients and caregivers to possess. If a patient purchases a 30-day supply on their initial trip, then the subsequent trip will be limited to a 60-day supply until 90 days after their first purchase. Products and Use Ohio state law permits the use of vaporized medicinal cannabis. The first dispensaries sold only dried “flowers” or buds which must be vaporized. No open-flame smoking is technically legal. While Ohio’s medical marijuana program is still in its “start-up phase” with many areas and issues to address, medical cannabis is being sold across the state. If you find yourself in a quandary, reach out to Hoover Kacyon, LLC to help guide you through. The Hoover Kacyon, LLC. lawyers are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
January 10, 2023
When it comes to domestic violence, you often see stalking in addition to the offense. One partner will relentlessly call, show up at places of employment or public outings, or wait outside living quarters. The threatening behavior is the focal point rather than the method used to stalk. Let’s discuss what constitutes stalking; it’s defined as a behavioral pattern intended to cause a victim fear or apprehension. Stalking may include the following: Harassing or threatening persistent behavior (e.g., phone calls or texts) Following/shadowing an individual Turn up at an individual’s home or workplace Property vandalism Other behavior/activity that makes an individual fear for their safety Three common forms of stalking include: Erotomania: A delusional obsession with someone out of the stalker’s reach, like a public figure. Love Obsessional: Usually involving a stranger, the stalker follows someone they think they are in love with delusionally. Simple Obsessional: The offender stalks someone they have a prior or existing personal or romantic relationship. As it generally involves a spouse, ex, lover, boyfriend, or girlfriend, domestic violence stalking would fit into this last category. However, states differ in their stalking laws. To discern whether or not stalking is a form of domestic violence, you must familiarize yourself with local law. Ohio includes a “menacing by stalking” law which is when an individual knowingly engages in a pattern of conduct that causes you to believe that they will cause you physical harm or mental distress. Know your rights and protections through the legal system, or hire the support you need to navigate your case. If you find yourself with questions, the attorneys at Hoover Kacyon are ready to help you. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
January 2, 2023
It’s easy to confuse burglary and robbery as the same crime. However, there’s a major difference in penalties if convicted of one or the other. Hiring a professional defense attorney who understands the nuances will help you get the best possible outcome when facing a burglary or robbery crime. Here are some of the main differences to help you discern a burglary from a robbery: Burglary A burglary involves property. While it doesn’t require stolen items, intent must be proven. It’s an attempted or forced entry into a building with the intent of committing a crime. Theft is not always included in the crime, but illegal entry into a structure with the intent to commit a crime is the deciding factor for a burglary. Walking through an unlocked door may not constitute a forced entry. Allowing your defense lawyer to look through evidence and decide how to proceed may be the best course of action. Robbery A robbery involves a violent crime against a person. It’s attempting to take something of value from someone by the threat of force or violence which also caused the person to be afraid. Two vital components of robbery are the stolen item’s value and the victim’s level of injury. Charges of either grand theft or petty theft is determined by the value of what is taken. When an experienced attorney presents favorable evidence on your behalf, the results will likely be much better for you. Penalties Both crimes bring a possibility of imprisonment and fines. The degree to which you are convicted determines the amount of each. According to findlaw.com, any conviction of burglary in Ohio can result in the following: First-degree felony: 3 to 11 years in prison and fines not exceeding $20,000. Second-degree felony: 2 to 8 years in prison and fines not exceeding $15,000. Third-degree felony: 9, 12, 18, 24, 30, or 36 months in prison* and fines not exceeding$10,000. Fourth degree felony: 6 to 18 months in prison and fines not exceeding $5,000. Fifth degree felony: 6 to 12 months in prison and fines not exceeding $2,500. On the other hand, a conviction of robbery in Ohio may result in any of these punishments: First degree felony: prison term of 3 to 11 years and fines not exceeding $20,000. Second degree felony: prison term of 2 to 8 years and fines not exceeding $15,000. Third degree felony: prison term of 9, 12, 18, 24, 30, or 36 months and fines not exceeding $10,000. You want a professional attorney to assure you get the best possible outcome in your case. If you or someone you know has been charged with a criminal burglary or robbery offense, the lawyers at Hoover Kacyon, LLC are both knowledgeable and able to assist you. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment. ** https://www.findlaw.com/state/ohio-law/ohio-burglary-laws.html ** https://www.findlaw.com/state/ohio-law/ohio-robbery-laws.html
By Hoover Kacyon
•
December 6, 2022
In today’s world, with the development of online Google reviews, social media, and even sites like LinkedIn, choosing a good criminal defense attorney has become much easier than before. However, it is still important for you to select a criminal defense attorney that is right for you. Consulting with several attorneys is imperative to receiving the defense you want and deserve. Generally speaking, a good criminal defense attorney will be: Sympathetic and compassionate: Being charged with a crime can be devastating and life change for many people. A good attorney will make you feel at ease and listen carefully to your side of the story. Prepared: A knowledgeable attorney will be able to tell you upfront what you can expect during proceedings as well as possible outcomes and further actions. Respect your privacy: All information you disclose is legally confidential. Your attorney should respect your right to attorney-client privilege. Be up-to-date on current laws that affect your case: Continued education is imperative for a good defense attorney. Laws can change often, and you want an attorney knowledgeable about the most recent legislation that could affect the outcome of your case. Be able to negotiate: You will want an attorney who is reasonable and makes every effort to ensure you receive a fair and just outcome. An overly aggressive attorney may be impossible for others to collaborate with them effectively. On the flip side, an attorney who is too passive may not be working hard enough for the most favorable outcome. Working with an experienced attorney can mean the difference between a dismissal and a criminal record. It can mean the difference between jail time, probation, and fines or freedom. Be sure you choose an attorney who you feel comfortable with and trust. Having a good working relationship with your lawyer can greatly affect the outcome of your case. If you or someone you know has been charged with a criminal offense, the lawyers at Hoover Kacyon, LLC are both knowledgeable and able to assist you. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
November 17, 2022
Most people can safely drive or operate machinery when taking over-the-counter or prescribed medications. However, some medicine (and even some supplements) can affect your ability to drive or operate machinery safely. If you are driving while impaired, you are putting yourself and others at risk. In Ohio, a DUI falls under statute 4511.19 | Operating a vehicle under the influence of drugs or alcohol (OVI), and that includes any medications, whether legally prescribed by a doctor or not. You should read all medication labels carefully. Be cautious when taking medications with side effects that include: sleepiness blurred vision dizziness slowed movement fainting inability to focus or pay attention nausea These side effects make it dangerous for you to be on the road. Everyone is different, and medications can cause various side effects for different people. Taking multiple medications may cause interactions that taking a single medication may not cause when taken alone. You should avoid operating a vehicle or machinery until you know what side effects a particular medicine or combination of medications may cause. If you have questions, talk to your doctor or pharmacist. A DUI/OVI is a serious offense. A conviction can result in the suspension of your license. You can be sentenced to fines or even jail time. Your employment and ability to obtain insurance may be affected. When possible, find alternative options for transportation or utilize delivery services. If you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area, contact our office to schedule an initial consultation. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution for your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form.
By Hoover Kacyon
•
October 28, 2022
Being scared, nervous, or stressed is not uncommon if you’ve just been pulled over for a DUI/OVI. Your mind may be racing, and you want to be compliant, but in doing so, you may be doing yourself a disservice. Knowing your rights and what you should and shouldn’t do is essential before facing this situation. In Ohio, a DUI is called an OVI (Operating a Vehicle Under the Influence). An OVI arrest begins with a law enforcement officer's initial traffic stop or another initial contact. The officer will immediately begin observation to determine if there is suspicion of intoxication, including: assessing your physical appearance engaging in conversation to evaluate your speech identifying other behavioral information such as where you are coming from and if you have been drinking It is important to remember you have the right to, and should, remain silent. You are not required to answer any questions, with the exception of providing your name and identification to the officer. An investigation by the officer begins with initial contact, but if you are asked to perform a series of roadside tests, you are officially being investigated for a DUI. Again, it is essential to comply with the officer’s request to step outside the vehicle, but it is within your rights to refuse any field sobriety test, including a breathalyzer. There are reasons to decline the breath alcohol test. The roadside test administered with a portable breath test (PBT) is frequently unreliable. As such, it is not admissible in court. Refusing any testing prevents law enforcement from gathering additional evidence that could be used against you during court proceedings. However, refusing a breath test will result in a mandatory administrative license suspension (usually one year) from the BMV. It is also very likely that you will be arrested for Suspicion of DUI/OVI. If you have been arrested, you should continue to exercise your right to remain silent and contact an attorney as soon as possible. A DUI conviction on your record can have an enduring negative impact on your life. It could result in jail time, fines, or the loss of your job. Contact our office to schedule an initial consultation if you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution for your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form .
By Hoover Kacyon
•
October 5, 2022
Most of us, at some time in our lives, will interact with law enforcement. In a stressful situation, people can react in ways they normally wouldn’t. Simply engaging with a law enforcement officer can be anxiety-inducing for some people. Therefore it’s important to know your rights before finding yourself in a situation where contact with law enforcement is inevitable. Knowing your rights can help you remain calm and possibly prevent the situation from escalating. You have the right to remain silent. In any situation where you have been contacted by law enforcement, you are not required to answer any questions, with the exception of providing your name and identification to an officer. However, If you choose to answer questions, you should not lie or give false information. You have the right to refuse consent to search of your person or belongings. Whether you have been pulled over or the police have come to your door, you are not obligated to give consent for them to enter your home or your vehicle. They may perform a pat-down if they suspect you are concealing a weapon. It is important to keep in mind that you or your vehicle may still be searched against your objections, and you should not interfere with a search. However, stating your objection may help preserve your rights in any further legal proceedings. Your rights If you are arrested, you have the right to speak with an attorney, either court-appointed or hired privately. If you believe your rights have been violated, you should immediately write down what details you can remember and document any evidence of injury. You may consider filing a complaint with the agency’s oversight division or consult with an attorney to determine what further action to take. If you witness police abuse or brutality, you should stand at a safe distance from the situation. Record the interaction with your phone. Remember that law enforcement may not ask you to stop recording, may not confiscate your phone, and may not remove photos or video from your phone without your authorization. If your encounter with law enforcement results in your arrest or if you feel an encounter violates your rights, contact the lawyers at Hoover Kacyon, LLC. We are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Getting the best possible outcome is our goal.
By Hoover Kacyon
•
August 18, 2022
You may not always be sure when you need to consult with a criminal defense attorney or a personal injury lawyer. Criminal defense attorneys defend those who have been accused of a crime. Whereas a personal injury attorney will handle cases that involve injury, most often from accidents. Every person charged with a crime is entitled to a defense attorney. You can elect to hire a private criminal defense attorney or request that the court appoints you one. The responsibilities of a criminal defense attorney are to: Interview their client Investigate their client’s case Examine the evidence of the case Discuss plea bargain options with the prosecutor Prepare for trial Represent their client at trial Handle sentencing negotiations if their client is convicted Personal injury, on the other hand, is a civil matter and requires you to hire a private attorney. Often, personal injury attorneys are hired when you’ve been in an accident resulting from someone else’s actions or negligence. A personal injury represents their client in a lawsuit again another party. The responsibilities of a personal injury attorney include: Interview their client Investigate their client’s case Examine the evidence of the case Negotiate with insurance companies Prepare for trial Represent their client at trial Whether you’ve sustained an injury or have been charged with a criminal offense, hiring a knowledgeable attorney is the best way to ensure a favorable outcome for your case. Fortunately, the lawyers at Hoover Kacyon, LLC are both knowledgeable and able to provide you with assistance no matter which type of attorney you need. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
August 3, 2022
If you have been drinking or are impaired in any way, you should not drive. Finding an alternative to getting behind the wheel when you’ve had too much to drink ensures everyone’s safety and is a guaranteed way to prevent a costly DUI on your record. However, if you are pulled over and suspected of driving intoxicated: You should be polite and cooperative. Your behavior matters. Refrain from being argumentative. An officer’s testimony is almost always given more weight in court. You have the right to (and should) refuse a breath test. Breath tests have been proven to give inaccurate results and are sensitive to improper administration. You have the right to politely refuse to take one. You can refuse a field sobriety test. Most people know a breath test is voluntary, but you can also decline an officer’s request to administer a field sobriety test. At all times during your interaction with a police officer, you have the right to remain silent. You are not required to and should not answer questions beyond providing your name and identification to the officer. An officer can (and probably will) arrest you under suspicion of DUI. In this situation, you should not run or resist arrest. Once you have been arrested, an officer will ask you to perform an implied consent test.1 These tests are administered by medically trained professionals and are different than the field tests performed by law enforcement officers. While you may refuse to take this test, doing so can result in the loss of your license for up to a year. You have the right to speak with an attorney, either court-appointed or hired privately. You should contact an attorney right away. You should write down what you remember about your encounter as soon as possible, including names and badge numbers, and document any evidence of injury. You may choose to consult with an attorney to determine further action. Follow the terms of your release from jail while your case is pending. Getting yourself in more trouble will only result in more severe punishment. Accept the consequences of your actions and complete your punishment. A DUI is a serious offense and puts the lives of others in danger. In 2019, nearly one-third of Ohio's fatal accidents were a result of alcohol impairment. Contact our office to schedule an initial consultation if you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution in your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form. 1 ORC Section 4511.191. The statute provides that the driver has implicitly consented to taking a breath test, blood test, or urine test for the purpose of determining the alcoholic content. https://www.responsibility.org/alcohol-statistics/state-map/state/ohio/
By Hoover Kacyon
•
February 4, 2025
Remarrying after a divorce can feel like a fresh start and an opportunity to build a lasting partnership. However, Census statistics show that second marriages have a higher rate of failure than first marriages, making it essential to approach this new chapter with awareness and preparation. For those planning to remarry in Ohio, understanding the legal and personal implications can help set the foundation for a successful union. Unique Challenges of Second Marriages Couples entering a second marriage often face hurdles not present in first marriages. Some of these challenges include: Lingering emotions like resentment or anger toward a former spouse. Balancing greater financial and personal independence. Managing financial obligations, including child support or alimony. Blending families and navigating relationships with stepchildren. Adjusting to changes in social networks and family dynamics. Steps to Consider Before Remarrying To increase the likelihood of a successful second marriage, thoughtful planning is crucial. Key steps include: Understanding Past Mistakes: Reflect on the reasons your first marriage ended. Identify patterns or behaviors to avoid repeating in your new relationship. Discussing Family Dynamics: Blending families can be challenging. Open communication with your children and your new partner about expectations and concerns is essential for building trust and harmony. Reviewing Financial Implications: Second marriages often involve complex financial considerations, including: Alimony : Remarriage typically terminates alimony payments. Notify your former spouse promptly, as required by your divorce agreement. Household Finances : Discuss shared expenses and financial responsibilities to avoid conflict later. Life and Health Insurance : Update beneficiaries and ensure compliance with previous agreements before making changes. Considering a Prenuptial Agreement : Protect your premarital assets and plan for your children’s inheritance with a prenuptial agreement. This precaution is especially valuable if there are significant financial disparities between you and your partner. Emotional Readiness: Before remarrying, take the time to heal and address any unresolved emotions. Counseling can help you process lingering feelings and prepare you for a healthy relationship. Setting Yourself Up for Success While challenges exist, second marriages can thrive with open communication, mutual respect, and a shared commitment to resolving issues as they arise. Building trust with your partner and stepchildren and prioritizing the relationship can help create a strong foundation for your new family. Contact Hoover Kacyon, LLC If you’re planning to remarry and have concerns about the legal implications, the experienced family law attorneys at Hoover Kacyon, LLC can help. We provide guidance on prenuptial agreements, financial planning, and family dynamics to ensure you’re fully prepared for this new chapter. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact us today to schedule a consultation and receive personalized advice tailored to your unique situation. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
January 15, 2025
When you’ve built a successful business, safeguarding it is crucial—especially within the context of marriage. While no one enters marriage expecting a divorce, planning for potential outcomes can protect both your livelihood and your peace of mind. Several proactive strategies can help you secure your business interests, such as prenuptial agreements, postnuptial agreements, and buy/sell agreements. Prenuptial Agreements A prenuptial agreement is a powerful tool for ensuring your business remains protected in the event of divorce. This legally binding document entered into before marriage, allows both parties to agree on how to divide assets if the marriage ends. Specifically, you can designate whether your business qualifies as marital property. By excluding the business from marital property, you protect it from being subject to division. Prenuptial agreements are widely recognized and often provide the strongest protection for business owners. Postnuptial Agreements If you’re already married and haven’t established a prenuptial agreement, a postnuptial agreement offers an alternative. These agreements serve a similar purpose, allowing you to outline how to treat business assets in case of divorce. However, postnuptial agreements can be more challenging to enforce than prenuptial agreements, as courts may scrutinize them more closely to ensure fairness. Still, they can be an effective safeguard when drafted with the help of an experienced attorney. Buy/Sell Agreements For those who co-own a business, a buy/sell agreement can provide additional protection. This type of agreement determines how a spouse’s interest in the business will be valued and handled during a divorce. It can specify a cash award for the spouse’s share while ensuring that the business remains operational under your control. Buy/sell agreements not only protect your business but also provide clarity and stability during potentially turbulent times. Taking Action to Secure Your Business Proactively addressing the “what ifs” with legal agreements allows you to focus on growing your business without worrying about unforeseen complications. Consulting an attorney to create tailored agreements can ensure your business interests are thoroughly protected, no matter what the future holds. At Hoover Kacyon, LLC, we understand the importance of safeguarding your hard-earned business. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact us today to discuss your options and take the first step toward protecting your financial future. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
January 7, 2025
Between 2019 and 2024, the Ohio State Highway Patrol made 101,809 arrests for operating a vehicle while impaired (OVI), with approximately 30% involving repeat offenders. Ohio's laws impose strict penalties on impaired driving, particularly for repeat offenses. Understanding the potential consequences and legal options is crucial when facing an OVI charge. What Constitutes OVI in Ohio? Ohio Revised Code Section 4511.19 outlines OVI laws, which prohibit operating any vehicle, streetcar, or trackless trolley under these conditions: Being under the influence of alcohol, drugs, or their combination Having a blood alcohol concentration (BAC) of 0.08% or higher Exceeding legal limits of controlled substances like cocaine, marijuana, or heroin Even if your substance levels fall within legal thresholds, you can still be charged if the impairment is evident. Immediate Consequences of an OVI Arrest Law enforcement may suspend your license immediately if chemical testing confirms you are over the legal limit. This administrative suspension begins immediately and ranges from 90 days to five years, depending on prior offenses. Refusal to submit to chemical testing under Ohio's implied consent laws also results in immediate suspension, lasting one to five years. Criminal Penalties for OVI Convictions Penalties depend on prior convictions, BAC levels, and compliance with testing. First Offense Jail: 3 days to 6 months Fines: $375 to $1,075 License Suspension: 1 to 3 years Second Offense Jail: 10 days to 6 months Fines: $525 to $1,625 License Suspension: 1 to 7 years Third Offense Jail: 30 days to 1 year Fines: $850 to $2,750 License Suspension: 2 to 12 years Subsequent offenses may lead to felony charges with harsher penalties. Defending Against OVI Charges An OVI conviction requires proof beyond a reasonable doubt. If evidence was collected improperly or your constitutional rights were violated, it might be possible to suppress it. Another potential strategy is negotiating plea agreements for reduced charges, though Ohio does not offer pre-trial diversion programs for OVI cases. Seek Legal Assistance Ohio's stringent OVI laws necessitate having an experienced advocate on your side. A skilled attorney can help navigate the legal system, protect your rights, and minimize penalties. If you're facing OVI charges, contact a lawyer promptly to discuss your case and legal strategy. If you need representation and someone to guide you through the OVI process to get the best possible outcome, contact the attorneys at Hoover Kacyon, LLC. The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
November 27, 2024
A DUI (driving under the influence) conviction carries severe consequences, including potential jail time, license suspension, and substantial fines. Beyond these penalties, a DUI conviction may also complicate divorce proceedings, influencing property division and child custody outcomes. If you or your spouse face DUI charges during a divorce , it’s critical to consult with an experienced attorney, like those at Hoover Kacyon, LLC, to understand your options and protect your interests. DUI and Its Impact on Divorce In Ohio, the repercussions of a DUI can extend beyond the criminal court and into family law matters. A conviction can negatively influence property division during divorce proceedings. Courts aim for an equitable division of marital assets, but a DUI-related financial strain—such as fines, legal fees, and court costs—may leave fewer resources available for negotiation. Child custody is another area where a DUI conviction can have significant implications. If one parent has been convicted of drunk driving, the other parent’s attorney may use this to argue against awarding custody. Courts in Ohio prioritize the child’s best interests, and a history of impaired judgment or dangerous behavior, such as DUI, can weigh heavily in custody decisions. A conviction may result in reduced parenting time or loss of decision-making authority for the child’s welfare, including education and medical care. Understanding DUI Laws in Ohio In Ohio, DUI laws (often referred to as OVI or operating a vehicle under the influence) impose penalties based on factors like blood alcohol concentration (BAC) and prior offenses. Depending on the circumstances, a DUI may be charged as a misdemeanor or a felony. A conviction can lead to a license suspension, which may hinder your ability to fulfill parenting responsibilities or meet employment obligations. How Hoover Kacyon, LLC, Can Help Divorce proceedings are complex, and the added element of a DUI can make the process even more challenging. The skilled family law attorneys at Hoover Kacyon, LLC are here to help. Our team provides personalized legal guidance tailored to your unique circumstances, ensuring you understand how a DUI could affect your divorce. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact Hoover Kacyon, LLC today at 330-922-4491 to schedule a consultation and take the first step toward protecting your rights and future.
By Hoover Kacyon
•
November 25, 2024
Prenuptial agreements, or prenups , are essential legal documents created before marriage to establish how assets and liabilities will be divided in the event of divorce or death. For high-net-worth individuals, these agreements are crucial for protecting wealth, investments, and business interests. At Hoover Kacyon, LLC, we emphasize the value of proactively addressing financial matters, especially when substantial assets are involved. Asset Protection A primary benefit of prenuptial agreements is safeguarding assets. High-net-worth individuals often have complex financial portfolios, including real estate, businesses, stocks, and inheritances. Without a prenup, dividing these assets during a divorce can become unnecessarily complicated. A well-drafted prenuptial agreement ensures clear guidelines for asset division, helping to mitigate conflicts and streamline the resolution process. Transparency in Marriage Prenuptial agreements also promote transparency and clarity regarding financial expectations within a marriage. At Hoover Kacyon, LLC, we encourage open communication between partners when drafting prenups. These discussions not only protect assets but also foster mutual understanding, creating a solid foundation for a lasting relationship. Our collaborative approach to family law ensures our clients' interests are prioritized while promoting amicable resolutions. Beyond Asset Protection Prenuptial agreements address more than just asset protection; they can also cover spousal support and future property rights. For individuals entering a marriage with significant assets, such as a home, retirement accounts, or anticipated inheritances, it’s essential to have open discussions about how these assets will be handled in the event of divorce. A prenup provides fairness and financial security for both spouses, offering peace of mind as they move forward together. Postnuptial Options Effective January 1, 2023, Ohio law has drastically changed to allow for postnuptial agreements between spouses. This update means that now, after parties are married, they can enter into a contract with one another that changes some of their legal rights and responsibilities, similar to what a prenuptial agreement can do before parties are married. Contact Us Today For high-net-worth individuals in Ohio, prenuptial agreements are more than legal documents—they are tools for asset protection, transparency, and long-term stability. Let Hoover Kacyon, LLC guide you through the process with professionalism and compassion. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact us at 330-922-4491 or online to learn more about prenuptial agreements or postnuptial services.
By Hoover Kacyon
•
November 12, 2024
Divorce marks a significant change in life, not just emotionally but also financially. Understanding how to protect your investments through this transition is crucial to setting a stable foundation for your future. Here, we outline essential steps to help safeguard your assets and navigate the process effectively. 1. Know Your State’s Property Division Laws State laws guide the division of assets in divorce, which generally follow either community property or equitable distribution principles. Ohio follows equitable distribution of property , which aims for fairness, not necessarily a 50/50 split. In either case, any property acquired during the marriage is typically considered “marital property” and subject to division. Knowing your state’s approach can help you prepare and plan strategically. 2. Inventory Your Assets A critical early step is identifying all your financial and investment accounts. Even if you haven’t managed the finances before, it’s essential to familiarize yourself with account details, including types of ownership (joint or individual), balances, and access information. This step will provide a clearer picture of your marital assets and help prevent any surprises later. 3. Consider Consulting a Financial Advisor A financial advisor can be invaluable, especially if you and your spouse have substantial investments. They can help create a marital net worth statement, calculate tax implications, and guide you through potential pitfalls. If you previously shared an advisor with your spouse, consider hiring an independent one to avoid conflicts of interest. An advisor will also help you build a post-divorce financial plan and protect your credit. 4. Update Beneficiaries Divorce is an ideal time to review and update beneficiary designations on your investment accounts, as these take precedence over wills. Neglecting to update beneficiaries could unintentionally benefit your ex-spouse. Simply log in to your accounts or contact your financial institution to make these changes. 5. Document Contributions  In equitable distribution states, the court considers each spouse’s contributions to the marriage. If you made financial sacrifices, such as paying down debt or managing a home renovation, keep records as evidence. This documentation could strengthen your case for a fair share of the assets. Dividing Investments in Divorce Investment accounts, especially retirement plans, can be challenging to divide. Workplace retirement plans like 401(k)s require a Qualified Domestic Relations Order (QDRO) to allocate funds to an ex-spouse without incurring penalties. Understanding the tax implications of different account types—such as traditional IRAs versus Roth IRAs—is also important, as the long-term impact can vary. In Essence Divorce is undeniably difficult, but taking the proper steps can safeguard your financial future. By working with a financial advisor and understanding your rights, you can approach asset division with clarity. At Hoover Kacyon, LLC, we understand the complexities of divorce and asset protection. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
November 11, 2024
Spousal support, formally known as alimony , is often a central issue in divorce cases, designed to ensure financial fairness and provide stability to a spouse after a marriage ends. In Ohio, spousal support laws aim to assist dependent spouses as they transition to financial independence, making it essential for those going through a divorce to understand the process. Who Qualifies for Spousal Support? Ohio bases spousal support eligibility on several factors, including the duration of the marriage, the standard of living during the marriage, each spouse’s earning potential, age, health, and contributions to the household. Courts take these factors into account when deciding if support is warranted and, if so, how much and for how long. Types of Spousal Support in Ohio Ohio law recognizes different types of spousal support. Temporary support may be provided during the divorce process to help a spouse meet immediate needs. Short-term support can assist a spouse in adjusting to new financial realities, while long-term or permanent support may be awarded in situations where one spouse cannot achieve financial independence due to age, health, or other factors. How is Spousal Support Calculated? Unlike some states, Ohio does not use a specific formula to calculate spousal support. Instead, the court examines both parties’ income, earning capacity, financial needs, and any existing child support obligations. This case-by-case approach allows for flexibility in determining fair support but also requires careful consideration of each unique situation. Adjusting and Ending Spousal Support Spousal support orders are not always permanent. They can be modified or terminated under specific circumstances, such as job loss, retirement, or a significant change in the financial status of either spouse. In many cases, support will automatically end if the recipient spouse remarries or if the court deems the original order no longer necessary. Tax Implications for Spousal Support Since the 2018 Tax Cuts and Jobs Act, spousal support payments are no longer tax-deductible for the payer, and recipients do not have to declare them as taxable income. Understanding these tax changes is vital for those negotiating or paying spousal support, as they can impact overall financial planning. Negotiating Outside of Court Divorcing couples can also negotiate spousal support outside the courtroom through mediation or collaborative divorce, allowing for greater flexibility and more personalized agreements. This process can be less contentious and give both parties more control over the outcome. The Importance of Legal Representation Navigating Ohio’s spousal support laws can be challenging, and it’s essential to have skilled legal guidance. The experienced family law attorneys at Hoover Kacyon, LLC, serving Akron, Cuyahoga Falls, and Fairlawn, can help you understand your rights and obligations, work through negotiations, and represent your interests in court. Whether you’re seeking or contesting spousal support, Hoover Kacyon, LLC is here to guide you through each step of the process. For a comprehensive consultation and to explore your options, contact us today at 330-922-4491 or reach out to us online.
By Hoover Kacyon
•
October 16, 2024
Parents in Ohio who either pay or receive child support often have misconceptions about how the system works. These misunderstandings can cause frustration and conflict between parents, sometimes leading to unnecessary legal battles. To avoid confusion, it's important to understand the facts about child support. Below are six common myths and the truths behind them. Myth #1: Child Support Is Based on the Child's Needs Truth : While a child's needs are considered, the primary factor in determining child support is the income of both parents. Ohio uses a specific formula that combines the gross income of both parents, taking into account certain deductions like local taxes, support for other children, or spousal support. The aim is to ensure a fair distribution of child-rearing costs based on the parents' financial situations. Myth #2: Child Support Must Only Be Spent on the Child Truth : Child support is meant to contribute to the child’s overall welfare, but there’s no strict requirement for how it is spent. In Ohio, support can be used for housing costs, utilities,transportation, food, and even entertainment. While these expenses may also benefit the custodial parent, they don't make the spending improper. Only in extreme cases where the child’s needs are neglected would the court intervene. Myth #3: Moving Out of State Cancels Child Support Obligations Truth : Relocating to another state or even outside the country does not relieve a parent from their responsibility to pay child support. The obligation remains, regardless of where a parent lives. Courts and agencies can enforce child support orders across state and national borders. Myth #4: Quitting a Job Can Eliminate the Duty to Pay Child Support Truth : A parent cannot simply avoid child support by quitting their job. If a parent intentionally becomes unemployed to avoid payments, the court may continue to enforce the original support order. Judges may base payments on the parent's potential income or assign an obligation based on minimum wage. Myth #5: Having Children with a New Partner Lowers Child Support Truth : The number of children a parent supports is a factor in determining child support, but having more children doesn’t automatically lower payments. If a parent’s income increases with a new partner, child support could stay the same or even rise depending on the circumstances. Myth #6: Child Support Ends When the Child Turns 18 Truth : In Ohio, child support typically ends when a child turns 18, but exceptions exist. Support may continue if the child is still in high school or is disabled and unable to support themselves. Additionally, the obligation will continue if parents agree in a divorce settlement to extend support past 18. By understanding the facts and clearing up these misconceptions, parents can navigate the child support process with less confusion and conflict. Hoover Kacyon, LLC, is a trusted partner in child custody legal matters, delivering results through our unwavering dedication, vast experience, and proven track record in litigation and appeals. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kacyon, LLC Attorneys at Law are here to assist you with the sensitive nature of child custody cases. If you need assistance, know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
October 7, 2024
When people think about dividing assets in a divorce, they often focus on the larger, more obvious items such as houses, cars, and real estate. However, in high-income divorces, other significant assets come into play and must be considered during property division. These assets are often classified as high-value property. What Qualifies as a High-Value Property? No specific financial threshold qualifies an asset as high-value, but certain items are generally regarded as such due to their worth. These include: Artwork Collectibles Family heirlooms Jewelry (i.e., wedding rings and engagement rings) Vacation homes or investment properties Luxury vehicles Marital vs. Separate Property Marital property includes anything that either spouse acquired during the marriage, regardless of whose name is on the deed or title. For instance, even if only one spouse’s name appears on the title of a vehicle or the deed to a home, it is still considered marital property and will be subject to division. In contrast, separate property refers to items one spouse owned before the marriage. Personal gifts and inheritances received by one spouse (unless gifted by the other spouse) are also considered separate property and generally not subject to division. Retirement Accounts Retirement accounts, such as 401(k)s, IRAs, and pensions, are considered marital property if contributions were made during the marriage. Since pensions often represent a large portion of a person’s investments, they are frequently a major point of contention in high-income divorces. Equitable Distribution Ohio courts follow the principle of equitable distribution, meaning property is divided fairly , though not necessarily equally. This approach can complicate the division of high-value assets, especially since only some things can be easily split. Equitable distribution doesn't always mean a 50/50 division but rather what the court deems fair based on the specifics of the marriage. In high-income divorces, spousal support may favor the lower-earning spouse. This factor can create more disputes over how to divide assets, particularly when both spouses contribute to accumulating high-value property. Equitable Distribution Factors Judges in Ohio consider several factors when deciding how to divide marital assets, including: The duration of the marriage Each spouse’s income and separate assets Whether there are children and custody arrangements The standard of living maintained during the marriage The health and age of each spouse Division of High-Value Property Dividing property is straightforward for liquid assets like cash. However, high-value items like real estate or artwork are more difficult to split. Couples are encouraged to reach an agreement on how to handle these assets, as this can be quicker and less expensive than going to court. If no agreement is made, one spouse may keep the asset while compensating the other with an equivalent value in different assets. Concealing High-Value Property In some high-income divorces, one spouse may attempt to hide assets to avoid losing them in the divorce. Methods of concealing assets include underreporting income, hiding assets with third parties, or deferring raises. Hiding assets is illegal and can lead to severe penalties if discovered. If you suspect this behavior a divorce attorney who can work with financial experts to uncover hidden assets. Hiring a law firm familiar with high-value divorce proceedings and splitting of property will significantly impact how you and your future are protected. No matter how complicated or complex your divorce might be, the Hoover Kaycon Attorneys at Law serving Akron, Cuyahoga Falls, and Fairlawn are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
September 24, 2024
In the United States, over half of previously-married families are either remarried or recoupled, leading to many children having step-parents. However, the rights of step-parents in shared custody situations can be complex and limited compared to biological parents. Understanding these rights is crucial for maintaining a positive relationship between biological parents, step-parents, and the children involved Step-Parent Rights in Joint Custody Arrangements Legal Limitations and Permissions Medical Decisions: Step-parents cannot consent to medical treatments for their step-children without a signed consent form from at least one of the biological parents. In emergencies, step-parents can take the child to the hospital but need to obtain consent to treat from whichever parent is charged with making medical decisions. If both natural parents have medical decision-making authority, either of them could allow a step-parent to treat the child; however, a step-parent should never circumvent the rights of the biological parents to act. Educational Access: Under the Family Educational Rights and Privacy Act (FERPA), step-parents can access school records and attend school events if the child lives with them part-time, absent a state court order to the contrary. However, it's advisable to have written consent from at least one of the biological parents. Also, step-parents should never seek to circumvent the biological parents. Custodial and Disciplinary Participation: Step-parents may be required to follow existing custodial and disciplinary agreements set by a judge during the biological parents' divorce. Adherence to these guidelines is expected for the step-parent. If not, the court can hold the step-parent's spouse accountable for allowing a step-parent to act in an inappropriate or overreaching manner. To avoid nasty and costly legal battles, it is highly advisable that a step-parent NEVER engage in corporal punishment. Gaining Legal Footing: The Complexities of adoption, step-parent guardianship and visitation matters. Adoption and Guardianship Adoption: In most states, there are proceedings for step-parents to adopt their stepchildren if the other biological parent has abandoned the child or has failed to financially support the child. However, these scenarios do not occur often when biological parents have a shared custody arrangement since abandonment by at least one parent is the prerequisite. Legal Guardianship: A legal guardianship grants some legal authority to a non-parent without requiring a biological parent to permanently give up the rights to their child. However, it's challenging to obtain if both biological parents are capable and involved. Visitation Rights: Post-divorce from a biological parent, former step-parents can seek visitation rights to maintain their relationship with their former step-child, but there are complexities involved. Legal support can assist in understanding and obtaining these rights. Seek Professional Legal Guidance For step-parents navigating shared custody situations and/or who need assistance in understanding and exercising their roles, knowledgeable legal support is crucial. The family law experts at Hoover Kaycon Attorneys specialize in representing step-parents in all of these matters and can help ensure step-parents have smooth integration into shared custody arrangements. With extensive experience and a track record of success, the lawyers at Hoover Kacyon, LLC are committed to helping you achieve your goals and maintain healthy family dynamics. By focusing on mediation, fair negotiations, and realistic expectations, the attorneys at Hoover Kaycon LLC can help step-parents successfully navigate the complexities of blended families. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to assist you with the sensitive nature of child custody cases. If you need assistance, know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
February 5, 2023
Facing a felony of any kind is a serious matter. A felony conviction can bring prison time, fines, and penalties long after you serve your sentence. Starting off strong in your case will give you the best chance at avoiding harsh consequences. Follow these steps if you are charged with a felony: Remain Silent: Deciding to invoke your fifth amendment and kindly refusing to answer any questions without a lawyer present will prevent you from incriminating yourself. Stay Calm and Polite: Remind yourself to cooperate and be nice even if wrongfully arrested or are met with aggression. Any resistance or anger may only make you look guilty or result in additional charges. Contact Attorney: The single most important decision you will make when facing felony charges is calling an attorney to get a professional looking at all the legal aspects for your best possible outcome. Know Your Offense: Familiarize yourself with the crime and potential punishment associated with what you may be facing so you understand the gravity of the situation. No Posting Bail: Speak with your attorney before a loved one posts bail so there’s time to evaluate the charges, and see if the bail should be lowered, or if you should be released without bail. Having the proper guidance from a criminal defense attorney will likely save you time, effort, and money. Be Honest: Honesty is the best policy when relaying information to your attorney (it is confidential). The more details they know, the better equipped they will be to defend you and the more prepared they can be to provide you with the best possible results. Avoid Talking to Family/Friends: Confidentiality rules do not extend to friends and family, so talking about the case with them should be strictly off-limits until after the case has concluded. Write Your Version: As soon after the incident as you can, write down everything you remember of the event while it is still fresh in your mind and you can recall more accurate details. List Witnesses: Not only do you want a list of anyone who may have seen the crime take place, but you also want to write contact information and names of anyone who could testify on your behalf as a show of your good character. Attend Court: Make a calendar and set alarms so you don’t forget the dates and times; failure in court does not reflect well and can result in a warrant for your arrest. If you are facing felony charges, Hoover Kacyon, LLC has attorneys ready to get you the best possible outcome. The Hoover Kacyon, LLC. lawyers are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
January 25, 2023
Even though the medical marijuana program was to be fully operational by September 2018, sales didn’t begin until the start of 2019 due to regulatory red tape. This red tape has made permissions and ramifications unclear. Here are the pieces you need to know about medical marijuana laws in Ohio. Qualifying Conditions Patients who are prescribed medical cannabis by a doctor to treat one, or more, of 21 qualifying conditions are the only ones allowed to use medical marijuana. The 21 conditions include cancer, PTSD, traumatic brain injury, chronic or severe pain, CTE, Parkinson's, Alzheimer's, HIV / AIDS, amyotrophic lateral sclerosis, Crohn’s disease, epilepsy/seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, sickle cell anemia, spinal cord disease or injury, Tourette’s, and ulcerative colitis... Approved Doctor Prescriptions State Board of Ohio-approved doctors only can recommend medical cannabis. The requirements by law for them to recommend use are having a patient-doctor relationship, reviewing patients’ past month of prescriptions, and discussing the risks and benefits of treating their conditions with marijuana. Required Registration To purchase, possess, and use medical marijuana, patients and caregivers must be registered with the State Board of Pharmacy. Registered patients and caregivers will receive registry cards and photo IDs that are valid for one year and are mandatory to have to buy marijuana at a licensed dispensary in Ohio. Number Details A 90-day supply is permitted for patients and caregivers to possess. If a patient purchases a 30-day supply on their initial trip, then the subsequent trip will be limited to a 60-day supply until 90 days after their first purchase. Products and Use Ohio state law permits the use of vaporized medicinal cannabis. The first dispensaries sold only dried “flowers” or buds which must be vaporized. No open-flame smoking is technically legal. While Ohio’s medical marijuana program is still in its “start-up phase” with many areas and issues to address, medical cannabis is being sold across the state. If you find yourself in a quandary, reach out to Hoover Kacyon, LLC to help guide you through. The Hoover Kacyon, LLC. lawyers are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
January 10, 2023
When it comes to domestic violence, you often see stalking in addition to the offense. One partner will relentlessly call, show up at places of employment or public outings, or wait outside living quarters. The threatening behavior is the focal point rather than the method used to stalk. Let’s discuss what constitutes stalking; it’s defined as a behavioral pattern intended to cause a victim fear or apprehension. Stalking may include the following: Harassing or threatening persistent behavior (e.g., phone calls or texts) Following/shadowing an individual Turn up at an individual’s home or workplace Property vandalism Other behavior/activity that makes an individual fear for their safety Three common forms of stalking include: Erotomania: A delusional obsession with someone out of the stalker’s reach, like a public figure. Love Obsessional: Usually involving a stranger, the stalker follows someone they think they are in love with delusionally. Simple Obsessional: The offender stalks someone they have a prior or existing personal or romantic relationship. As it generally involves a spouse, ex, lover, boyfriend, or girlfriend, domestic violence stalking would fit into this last category. However, states differ in their stalking laws. To discern whether or not stalking is a form of domestic violence, you must familiarize yourself with local law. Ohio includes a “menacing by stalking” law which is when an individual knowingly engages in a pattern of conduct that causes you to believe that they will cause you physical harm or mental distress. Know your rights and protections through the legal system, or hire the support you need to navigate your case. If you find yourself with questions, the attorneys at Hoover Kacyon are ready to help you. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
January 2, 2023
It’s easy to confuse burglary and robbery as the same crime. However, there’s a major difference in penalties if convicted of one or the other. Hiring a professional defense attorney who understands the nuances will help you get the best possible outcome when facing a burglary or robbery crime. Here are some of the main differences to help you discern a burglary from a robbery: Burglary A burglary involves property. While it doesn’t require stolen items, intent must be proven. It’s an attempted or forced entry into a building with the intent of committing a crime. Theft is not always included in the crime, but illegal entry into a structure with the intent to commit a crime is the deciding factor for a burglary. Walking through an unlocked door may not constitute a forced entry. Allowing your defense lawyer to look through evidence and decide how to proceed may be the best course of action. Robbery A robbery involves a violent crime against a person. It’s attempting to take something of value from someone by the threat of force or violence which also caused the person to be afraid. Two vital components of robbery are the stolen item’s value and the victim’s level of injury. Charges of either grand theft or petty theft is determined by the value of what is taken. When an experienced attorney presents favorable evidence on your behalf, the results will likely be much better for you. Penalties Both crimes bring a possibility of imprisonment and fines. The degree to which you are convicted determines the amount of each. According to findlaw.com, any conviction of burglary in Ohio can result in the following: First-degree felony: 3 to 11 years in prison and fines not exceeding $20,000. Second-degree felony: 2 to 8 years in prison and fines not exceeding $15,000. Third-degree felony: 9, 12, 18, 24, 30, or 36 months in prison* and fines not exceeding$10,000. Fourth degree felony: 6 to 18 months in prison and fines not exceeding $5,000. Fifth degree felony: 6 to 12 months in prison and fines not exceeding $2,500. On the other hand, a conviction of robbery in Ohio may result in any of these punishments: First degree felony: prison term of 3 to 11 years and fines not exceeding $20,000. Second degree felony: prison term of 2 to 8 years and fines not exceeding $15,000. Third degree felony: prison term of 9, 12, 18, 24, 30, or 36 months and fines not exceeding $10,000. You want a professional attorney to assure you get the best possible outcome in your case. If you or someone you know has been charged with a criminal burglary or robbery offense, the lawyers at Hoover Kacyon, LLC are both knowledgeable and able to assist you. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment. ** https://www.findlaw.com/state/ohio-law/ohio-burglary-laws.html ** https://www.findlaw.com/state/ohio-law/ohio-robbery-laws.html
By Hoover Kacyon
•
December 6, 2022
In today’s world, with the development of online Google reviews, social media, and even sites like LinkedIn, choosing a good criminal defense attorney has become much easier than before. However, it is still important for you to select a criminal defense attorney that is right for you. Consulting with several attorneys is imperative to receiving the defense you want and deserve. Generally speaking, a good criminal defense attorney will be: Sympathetic and compassionate: Being charged with a crime can be devastating and life change for many people. A good attorney will make you feel at ease and listen carefully to your side of the story. Prepared: A knowledgeable attorney will be able to tell you upfront what you can expect during proceedings as well as possible outcomes and further actions. Respect your privacy: All information you disclose is legally confidential. Your attorney should respect your right to attorney-client privilege. Be up-to-date on current laws that affect your case: Continued education is imperative for a good defense attorney. Laws can change often, and you want an attorney knowledgeable about the most recent legislation that could affect the outcome of your case. Be able to negotiate: You will want an attorney who is reasonable and makes every effort to ensure you receive a fair and just outcome. An overly aggressive attorney may be impossible for others to collaborate with them effectively. On the flip side, an attorney who is too passive may not be working hard enough for the most favorable outcome. Working with an experienced attorney can mean the difference between a dismissal and a criminal record. It can mean the difference between jail time, probation, and fines or freedom. Be sure you choose an attorney who you feel comfortable with and trust. Having a good working relationship with your lawyer can greatly affect the outcome of your case. If you or someone you know has been charged with a criminal offense, the lawyers at Hoover Kacyon, LLC are both knowledgeable and able to assist you. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
November 17, 2022
Most people can safely drive or operate machinery when taking over-the-counter or prescribed medications. However, some medicine (and even some supplements) can affect your ability to drive or operate machinery safely. If you are driving while impaired, you are putting yourself and others at risk. In Ohio, a DUI falls under statute 4511.19 | Operating a vehicle under the influence of drugs or alcohol (OVI), and that includes any medications, whether legally prescribed by a doctor or not. You should read all medication labels carefully. Be cautious when taking medications with side effects that include: sleepiness blurred vision dizziness slowed movement fainting inability to focus or pay attention nausea These side effects make it dangerous for you to be on the road. Everyone is different, and medications can cause various side effects for different people. Taking multiple medications may cause interactions that taking a single medication may not cause when taken alone. You should avoid operating a vehicle or machinery until you know what side effects a particular medicine or combination of medications may cause. If you have questions, talk to your doctor or pharmacist. A DUI/OVI is a serious offense. A conviction can result in the suspension of your license. You can be sentenced to fines or even jail time. Your employment and ability to obtain insurance may be affected. When possible, find alternative options for transportation or utilize delivery services. If you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area, contact our office to schedule an initial consultation. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution for your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form.
By Hoover Kacyon
•
October 28, 2022
Being scared, nervous, or stressed is not uncommon if you’ve just been pulled over for a DUI/OVI. Your mind may be racing, and you want to be compliant, but in doing so, you may be doing yourself a disservice. Knowing your rights and what you should and shouldn’t do is essential before facing this situation. In Ohio, a DUI is called an OVI (Operating a Vehicle Under the Influence). An OVI arrest begins with a law enforcement officer's initial traffic stop or another initial contact. The officer will immediately begin observation to determine if there is suspicion of intoxication, including: assessing your physical appearance engaging in conversation to evaluate your speech identifying other behavioral information such as where you are coming from and if you have been drinking It is important to remember you have the right to, and should, remain silent. You are not required to answer any questions, with the exception of providing your name and identification to the officer. An investigation by the officer begins with initial contact, but if you are asked to perform a series of roadside tests, you are officially being investigated for a DUI. Again, it is essential to comply with the officer’s request to step outside the vehicle, but it is within your rights to refuse any field sobriety test, including a breathalyzer. There are reasons to decline the breath alcohol test. The roadside test administered with a portable breath test (PBT) is frequently unreliable. As such, it is not admissible in court. Refusing any testing prevents law enforcement from gathering additional evidence that could be used against you during court proceedings. However, refusing a breath test will result in a mandatory administrative license suspension (usually one year) from the BMV. It is also very likely that you will be arrested for Suspicion of DUI/OVI. If you have been arrested, you should continue to exercise your right to remain silent and contact an attorney as soon as possible. A DUI conviction on your record can have an enduring negative impact on your life. It could result in jail time, fines, or the loss of your job. Contact our office to schedule an initial consultation if you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution for your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form .
By Hoover Kacyon
•
October 5, 2022
Most of us, at some time in our lives, will interact with law enforcement. In a stressful situation, people can react in ways they normally wouldn’t. Simply engaging with a law enforcement officer can be anxiety-inducing for some people. Therefore it’s important to know your rights before finding yourself in a situation where contact with law enforcement is inevitable. Knowing your rights can help you remain calm and possibly prevent the situation from escalating. You have the right to remain silent. In any situation where you have been contacted by law enforcement, you are not required to answer any questions, with the exception of providing your name and identification to an officer. However, If you choose to answer questions, you should not lie or give false information. You have the right to refuse consent to search of your person or belongings. Whether you have been pulled over or the police have come to your door, you are not obligated to give consent for them to enter your home or your vehicle. They may perform a pat-down if they suspect you are concealing a weapon. It is important to keep in mind that you or your vehicle may still be searched against your objections, and you should not interfere with a search. However, stating your objection may help preserve your rights in any further legal proceedings. Your rights If you are arrested, you have the right to speak with an attorney, either court-appointed or hired privately. If you believe your rights have been violated, you should immediately write down what details you can remember and document any evidence of injury. You may consider filing a complaint with the agency’s oversight division or consult with an attorney to determine what further action to take. If you witness police abuse or brutality, you should stand at a safe distance from the situation. Record the interaction with your phone. Remember that law enforcement may not ask you to stop recording, may not confiscate your phone, and may not remove photos or video from your phone without your authorization. If your encounter with law enforcement results in your arrest or if you feel an encounter violates your rights, contact the lawyers at Hoover Kacyon, LLC. We are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Getting the best possible outcome is our goal.
By Hoover Kacyon
•
August 18, 2022
You may not always be sure when you need to consult with a criminal defense attorney or a personal injury lawyer. Criminal defense attorneys defend those who have been accused of a crime. Whereas a personal injury attorney will handle cases that involve injury, most often from accidents. Every person charged with a crime is entitled to a defense attorney. You can elect to hire a private criminal defense attorney or request that the court appoints you one. The responsibilities of a criminal defense attorney are to: Interview their client Investigate their client’s case Examine the evidence of the case Discuss plea bargain options with the prosecutor Prepare for trial Represent their client at trial Handle sentencing negotiations if their client is convicted Personal injury, on the other hand, is a civil matter and requires you to hire a private attorney. Often, personal injury attorneys are hired when you’ve been in an accident resulting from someone else’s actions or negligence. A personal injury represents their client in a lawsuit again another party. The responsibilities of a personal injury attorney include: Interview their client Investigate their client’s case Examine the evidence of the case Negotiate with insurance companies Prepare for trial Represent their client at trial Whether you’ve sustained an injury or have been charged with a criminal offense, hiring a knowledgeable attorney is the best way to ensure a favorable outcome for your case. Fortunately, the lawyers at Hoover Kacyon, LLC are both knowledgeable and able to provide you with assistance no matter which type of attorney you need. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
August 3, 2022
If you have been drinking or are impaired in any way, you should not drive. Finding an alternative to getting behind the wheel when you’ve had too much to drink ensures everyone’s safety and is a guaranteed way to prevent a costly DUI on your record. However, if you are pulled over and suspected of driving intoxicated: You should be polite and cooperative. Your behavior matters. Refrain from being argumentative. An officer’s testimony is almost always given more weight in court. You have the right to (and should) refuse a breath test. Breath tests have been proven to give inaccurate results and are sensitive to improper administration. You have the right to politely refuse to take one. You can refuse a field sobriety test. Most people know a breath test is voluntary, but you can also decline an officer’s request to administer a field sobriety test. At all times during your interaction with a police officer, you have the right to remain silent. You are not required to and should not answer questions beyond providing your name and identification to the officer. An officer can (and probably will) arrest you under suspicion of DUI. In this situation, you should not run or resist arrest. Once you have been arrested, an officer will ask you to perform an implied consent test.1 These tests are administered by medically trained professionals and are different than the field tests performed by law enforcement officers. While you may refuse to take this test, doing so can result in the loss of your license for up to a year. You have the right to speak with an attorney, either court-appointed or hired privately. You should contact an attorney right away. You should write down what you remember about your encounter as soon as possible, including names and badge numbers, and document any evidence of injury. You may choose to consult with an attorney to determine further action. Follow the terms of your release from jail while your case is pending. Getting yourself in more trouble will only result in more severe punishment. Accept the consequences of your actions and complete your punishment. A DUI is a serious offense and puts the lives of others in danger. In 2019, nearly one-third of Ohio's fatal accidents were a result of alcohol impairment. Contact our office to schedule an initial consultation if you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution in your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form. 1 ORC Section 4511.191. The statute provides that the driver has implicitly consented to taking a breath test, blood test, or urine test for the purpose of determining the alcoholic content. https://www.responsibility.org/alcohol-statistics/state-map/state/ohio/
By Hoover Kacyon
•
February 4, 2025
Remarrying after a divorce can feel like a fresh start and an opportunity to build a lasting partnership. However, Census statistics show that second marriages have a higher rate of failure than first marriages, making it essential to approach this new chapter with awareness and preparation. For those planning to remarry in Ohio, understanding the legal and personal implications can help set the foundation for a successful union. Unique Challenges of Second Marriages Couples entering a second marriage often face hurdles not present in first marriages. Some of these challenges include: Lingering emotions like resentment or anger toward a former spouse. Balancing greater financial and personal independence. Managing financial obligations, including child support or alimony. Blending families and navigating relationships with stepchildren. Adjusting to changes in social networks and family dynamics. Steps to Consider Before Remarrying To increase the likelihood of a successful second marriage, thoughtful planning is crucial. Key steps include: Understanding Past Mistakes: Reflect on the reasons your first marriage ended. Identify patterns or behaviors to avoid repeating in your new relationship. Discussing Family Dynamics: Blending families can be challenging. Open communication with your children and your new partner about expectations and concerns is essential for building trust and harmony. Reviewing Financial Implications: Second marriages often involve complex financial considerations, including: Alimony : Remarriage typically terminates alimony payments. Notify your former spouse promptly, as required by your divorce agreement. Household Finances : Discuss shared expenses and financial responsibilities to avoid conflict later. Life and Health Insurance : Update beneficiaries and ensure compliance with previous agreements before making changes. Considering a Prenuptial Agreement : Protect your premarital assets and plan for your children’s inheritance with a prenuptial agreement. This precaution is especially valuable if there are significant financial disparities between you and your partner. Emotional Readiness: Before remarrying, take the time to heal and address any unresolved emotions. Counseling can help you process lingering feelings and prepare you for a healthy relationship. Setting Yourself Up for Success While challenges exist, second marriages can thrive with open communication, mutual respect, and a shared commitment to resolving issues as they arise. Building trust with your partner and stepchildren and prioritizing the relationship can help create a strong foundation for your new family. Contact Hoover Kacyon, LLC If you’re planning to remarry and have concerns about the legal implications, the experienced family law attorneys at Hoover Kacyon, LLC can help. We provide guidance on prenuptial agreements, financial planning, and family dynamics to ensure you’re fully prepared for this new chapter. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact us today to schedule a consultation and receive personalized advice tailored to your unique situation. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
January 15, 2025
When you’ve built a successful business, safeguarding it is crucial—especially within the context of marriage. While no one enters marriage expecting a divorce, planning for potential outcomes can protect both your livelihood and your peace of mind. Several proactive strategies can help you secure your business interests, such as prenuptial agreements, postnuptial agreements, and buy/sell agreements. Prenuptial Agreements A prenuptial agreement is a powerful tool for ensuring your business remains protected in the event of divorce. This legally binding document entered into before marriage, allows both parties to agree on how to divide assets if the marriage ends. Specifically, you can designate whether your business qualifies as marital property. By excluding the business from marital property, you protect it from being subject to division. Prenuptial agreements are widely recognized and often provide the strongest protection for business owners. Postnuptial Agreements If you’re already married and haven’t established a prenuptial agreement, a postnuptial agreement offers an alternative. These agreements serve a similar purpose, allowing you to outline how to treat business assets in case of divorce. However, postnuptial agreements can be more challenging to enforce than prenuptial agreements, as courts may scrutinize them more closely to ensure fairness. Still, they can be an effective safeguard when drafted with the help of an experienced attorney. Buy/Sell Agreements For those who co-own a business, a buy/sell agreement can provide additional protection. This type of agreement determines how a spouse’s interest in the business will be valued and handled during a divorce. It can specify a cash award for the spouse’s share while ensuring that the business remains operational under your control. Buy/sell agreements not only protect your business but also provide clarity and stability during potentially turbulent times. Taking Action to Secure Your Business Proactively addressing the “what ifs” with legal agreements allows you to focus on growing your business without worrying about unforeseen complications. Consulting an attorney to create tailored agreements can ensure your business interests are thoroughly protected, no matter what the future holds. At Hoover Kacyon, LLC, we understand the importance of safeguarding your hard-earned business. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact us today to discuss your options and take the first step toward protecting your financial future. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
January 7, 2025
Between 2019 and 2024, the Ohio State Highway Patrol made 101,809 arrests for operating a vehicle while impaired (OVI), with approximately 30% involving repeat offenders. Ohio's laws impose strict penalties on impaired driving, particularly for repeat offenses. Understanding the potential consequences and legal options is crucial when facing an OVI charge. What Constitutes OVI in Ohio? Ohio Revised Code Section 4511.19 outlines OVI laws, which prohibit operating any vehicle, streetcar, or trackless trolley under these conditions: Being under the influence of alcohol, drugs, or their combination Having a blood alcohol concentration (BAC) of 0.08% or higher Exceeding legal limits of controlled substances like cocaine, marijuana, or heroin Even if your substance levels fall within legal thresholds, you can still be charged if the impairment is evident. Immediate Consequences of an OVI Arrest Law enforcement may suspend your license immediately if chemical testing confirms you are over the legal limit. This administrative suspension begins immediately and ranges from 90 days to five years, depending on prior offenses. Refusal to submit to chemical testing under Ohio's implied consent laws also results in immediate suspension, lasting one to five years. Criminal Penalties for OVI Convictions Penalties depend on prior convictions, BAC levels, and compliance with testing. First Offense Jail: 3 days to 6 months Fines: $375 to $1,075 License Suspension: 1 to 3 years Second Offense Jail: 10 days to 6 months Fines: $525 to $1,625 License Suspension: 1 to 7 years Third Offense Jail: 30 days to 1 year Fines: $850 to $2,750 License Suspension: 2 to 12 years Subsequent offenses may lead to felony charges with harsher penalties. Defending Against OVI Charges An OVI conviction requires proof beyond a reasonable doubt. If evidence was collected improperly or your constitutional rights were violated, it might be possible to suppress it. Another potential strategy is negotiating plea agreements for reduced charges, though Ohio does not offer pre-trial diversion programs for OVI cases. Seek Legal Assistance Ohio's stringent OVI laws necessitate having an experienced advocate on your side. A skilled attorney can help navigate the legal system, protect your rights, and minimize penalties. If you're facing OVI charges, contact a lawyer promptly to discuss your case and legal strategy. If you need representation and someone to guide you through the OVI process to get the best possible outcome, contact the attorneys at Hoover Kacyon, LLC. The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
November 27, 2024
A DUI (driving under the influence) conviction carries severe consequences, including potential jail time, license suspension, and substantial fines. Beyond these penalties, a DUI conviction may also complicate divorce proceedings, influencing property division and child custody outcomes. If you or your spouse face DUI charges during a divorce , it’s critical to consult with an experienced attorney, like those at Hoover Kacyon, LLC, to understand your options and protect your interests. DUI and Its Impact on Divorce In Ohio, the repercussions of a DUI can extend beyond the criminal court and into family law matters. A conviction can negatively influence property division during divorce proceedings. Courts aim for an equitable division of marital assets, but a DUI-related financial strain—such as fines, legal fees, and court costs—may leave fewer resources available for negotiation. Child custody is another area where a DUI conviction can have significant implications. If one parent has been convicted of drunk driving, the other parent’s attorney may use this to argue against awarding custody. Courts in Ohio prioritize the child’s best interests, and a history of impaired judgment or dangerous behavior, such as DUI, can weigh heavily in custody decisions. A conviction may result in reduced parenting time or loss of decision-making authority for the child’s welfare, including education and medical care. Understanding DUI Laws in Ohio In Ohio, DUI laws (often referred to as OVI or operating a vehicle under the influence) impose penalties based on factors like blood alcohol concentration (BAC) and prior offenses. Depending on the circumstances, a DUI may be charged as a misdemeanor or a felony. A conviction can lead to a license suspension, which may hinder your ability to fulfill parenting responsibilities or meet employment obligations. How Hoover Kacyon, LLC, Can Help Divorce proceedings are complex, and the added element of a DUI can make the process even more challenging. The skilled family law attorneys at Hoover Kacyon, LLC are here to help. Our team provides personalized legal guidance tailored to your unique circumstances, ensuring you understand how a DUI could affect your divorce. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact Hoover Kacyon, LLC today at 330-922-4491 to schedule a consultation and take the first step toward protecting your rights and future.
By Hoover Kacyon
•
November 25, 2024
Prenuptial agreements, or prenups , are essential legal documents created before marriage to establish how assets and liabilities will be divided in the event of divorce or death. For high-net-worth individuals, these agreements are crucial for protecting wealth, investments, and business interests. At Hoover Kacyon, LLC, we emphasize the value of proactively addressing financial matters, especially when substantial assets are involved. Asset Protection A primary benefit of prenuptial agreements is safeguarding assets. High-net-worth individuals often have complex financial portfolios, including real estate, businesses, stocks, and inheritances. Without a prenup, dividing these assets during a divorce can become unnecessarily complicated. A well-drafted prenuptial agreement ensures clear guidelines for asset division, helping to mitigate conflicts and streamline the resolution process. Transparency in Marriage Prenuptial agreements also promote transparency and clarity regarding financial expectations within a marriage. At Hoover Kacyon, LLC, we encourage open communication between partners when drafting prenups. These discussions not only protect assets but also foster mutual understanding, creating a solid foundation for a lasting relationship. Our collaborative approach to family law ensures our clients' interests are prioritized while promoting amicable resolutions. Beyond Asset Protection Prenuptial agreements address more than just asset protection; they can also cover spousal support and future property rights. For individuals entering a marriage with significant assets, such as a home, retirement accounts, or anticipated inheritances, it’s essential to have open discussions about how these assets will be handled in the event of divorce. A prenup provides fairness and financial security for both spouses, offering peace of mind as they move forward together. Postnuptial Options Effective January 1, 2023, Ohio law has drastically changed to allow for postnuptial agreements between spouses. This update means that now, after parties are married, they can enter into a contract with one another that changes some of their legal rights and responsibilities, similar to what a prenuptial agreement can do before parties are married. Contact Us Today For high-net-worth individuals in Ohio, prenuptial agreements are more than legal documents—they are tools for asset protection, transparency, and long-term stability. Let Hoover Kacyon, LLC guide you through the process with professionalism and compassion. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact us at 330-922-4491 or online to learn more about prenuptial agreements or postnuptial services.
By Hoover Kacyon
•
November 12, 2024
Divorce marks a significant change in life, not just emotionally but also financially. Understanding how to protect your investments through this transition is crucial to setting a stable foundation for your future. Here, we outline essential steps to help safeguard your assets and navigate the process effectively. 1. Know Your State’s Property Division Laws State laws guide the division of assets in divorce, which generally follow either community property or equitable distribution principles. Ohio follows equitable distribution of property , which aims for fairness, not necessarily a 50/50 split. In either case, any property acquired during the marriage is typically considered “marital property” and subject to division. Knowing your state’s approach can help you prepare and plan strategically. 2. Inventory Your Assets A critical early step is identifying all your financial and investment accounts. Even if you haven’t managed the finances before, it’s essential to familiarize yourself with account details, including types of ownership (joint or individual), balances, and access information. This step will provide a clearer picture of your marital assets and help prevent any surprises later. 3. Consider Consulting a Financial Advisor A financial advisor can be invaluable, especially if you and your spouse have substantial investments. They can help create a marital net worth statement, calculate tax implications, and guide you through potential pitfalls. If you previously shared an advisor with your spouse, consider hiring an independent one to avoid conflicts of interest. An advisor will also help you build a post-divorce financial plan and protect your credit. 4. Update Beneficiaries Divorce is an ideal time to review and update beneficiary designations on your investment accounts, as these take precedence over wills. Neglecting to update beneficiaries could unintentionally benefit your ex-spouse. Simply log in to your accounts or contact your financial institution to make these changes. 5. Document Contributions  In equitable distribution states, the court considers each spouse’s contributions to the marriage. If you made financial sacrifices, such as paying down debt or managing a home renovation, keep records as evidence. This documentation could strengthen your case for a fair share of the assets. Dividing Investments in Divorce Investment accounts, especially retirement plans, can be challenging to divide. Workplace retirement plans like 401(k)s require a Qualified Domestic Relations Order (QDRO) to allocate funds to an ex-spouse without incurring penalties. Understanding the tax implications of different account types—such as traditional IRAs versus Roth IRAs—is also important, as the long-term impact can vary. In Essence Divorce is undeniably difficult, but taking the proper steps can safeguard your financial future. By working with a financial advisor and understanding your rights, you can approach asset division with clarity. At Hoover Kacyon, LLC, we understand the complexities of divorce and asset protection. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
November 11, 2024
Spousal support, formally known as alimony , is often a central issue in divorce cases, designed to ensure financial fairness and provide stability to a spouse after a marriage ends. In Ohio, spousal support laws aim to assist dependent spouses as they transition to financial independence, making it essential for those going through a divorce to understand the process. Who Qualifies for Spousal Support? Ohio bases spousal support eligibility on several factors, including the duration of the marriage, the standard of living during the marriage, each spouse’s earning potential, age, health, and contributions to the household. Courts take these factors into account when deciding if support is warranted and, if so, how much and for how long. Types of Spousal Support in Ohio Ohio law recognizes different types of spousal support. Temporary support may be provided during the divorce process to help a spouse meet immediate needs. Short-term support can assist a spouse in adjusting to new financial realities, while long-term or permanent support may be awarded in situations where one spouse cannot achieve financial independence due to age, health, or other factors. How is Spousal Support Calculated? Unlike some states, Ohio does not use a specific formula to calculate spousal support. Instead, the court examines both parties’ income, earning capacity, financial needs, and any existing child support obligations. This case-by-case approach allows for flexibility in determining fair support but also requires careful consideration of each unique situation. Adjusting and Ending Spousal Support Spousal support orders are not always permanent. They can be modified or terminated under specific circumstances, such as job loss, retirement, or a significant change in the financial status of either spouse. In many cases, support will automatically end if the recipient spouse remarries or if the court deems the original order no longer necessary. Tax Implications for Spousal Support Since the 2018 Tax Cuts and Jobs Act, spousal support payments are no longer tax-deductible for the payer, and recipients do not have to declare them as taxable income. Understanding these tax changes is vital for those negotiating or paying spousal support, as they can impact overall financial planning. Negotiating Outside of Court Divorcing couples can also negotiate spousal support outside the courtroom through mediation or collaborative divorce, allowing for greater flexibility and more personalized agreements. This process can be less contentious and give both parties more control over the outcome. The Importance of Legal Representation Navigating Ohio’s spousal support laws can be challenging, and it’s essential to have skilled legal guidance. The experienced family law attorneys at Hoover Kacyon, LLC, serving Akron, Cuyahoga Falls, and Fairlawn, can help you understand your rights and obligations, work through negotiations, and represent your interests in court. Whether you’re seeking or contesting spousal support, Hoover Kacyon, LLC is here to guide you through each step of the process. For a comprehensive consultation and to explore your options, contact us today at 330-922-4491 or reach out to us online.
By Hoover Kacyon
•
October 16, 2024
Parents in Ohio who either pay or receive child support often have misconceptions about how the system works. These misunderstandings can cause frustration and conflict between parents, sometimes leading to unnecessary legal battles. To avoid confusion, it's important to understand the facts about child support. Below are six common myths and the truths behind them. Myth #1: Child Support Is Based on the Child's Needs Truth : While a child's needs are considered, the primary factor in determining child support is the income of both parents. Ohio uses a specific formula that combines the gross income of both parents, taking into account certain deductions like local taxes, support for other children, or spousal support. The aim is to ensure a fair distribution of child-rearing costs based on the parents' financial situations. Myth #2: Child Support Must Only Be Spent on the Child Truth : Child support is meant to contribute to the child’s overall welfare, but there’s no strict requirement for how it is spent. In Ohio, support can be used for housing costs, utilities,transportation, food, and even entertainment. While these expenses may also benefit the custodial parent, they don't make the spending improper. Only in extreme cases where the child’s needs are neglected would the court intervene. Myth #3: Moving Out of State Cancels Child Support Obligations Truth : Relocating to another state or even outside the country does not relieve a parent from their responsibility to pay child support. The obligation remains, regardless of where a parent lives. Courts and agencies can enforce child support orders across state and national borders. Myth #4: Quitting a Job Can Eliminate the Duty to Pay Child Support Truth : A parent cannot simply avoid child support by quitting their job. If a parent intentionally becomes unemployed to avoid payments, the court may continue to enforce the original support order. Judges may base payments on the parent's potential income or assign an obligation based on minimum wage. Myth #5: Having Children with a New Partner Lowers Child Support Truth : The number of children a parent supports is a factor in determining child support, but having more children doesn’t automatically lower payments. If a parent’s income increases with a new partner, child support could stay the same or even rise depending on the circumstances. Myth #6: Child Support Ends When the Child Turns 18 Truth : In Ohio, child support typically ends when a child turns 18, but exceptions exist. Support may continue if the child is still in high school or is disabled and unable to support themselves. Additionally, the obligation will continue if parents agree in a divorce settlement to extend support past 18. By understanding the facts and clearing up these misconceptions, parents can navigate the child support process with less confusion and conflict. Hoover Kacyon, LLC, is a trusted partner in child custody legal matters, delivering results through our unwavering dedication, vast experience, and proven track record in litigation and appeals. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kacyon, LLC Attorneys at Law are here to assist you with the sensitive nature of child custody cases. If you need assistance, know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
October 7, 2024
When people think about dividing assets in a divorce, they often focus on the larger, more obvious items such as houses, cars, and real estate. However, in high-income divorces, other significant assets come into play and must be considered during property division. These assets are often classified as high-value property. What Qualifies as a High-Value Property? No specific financial threshold qualifies an asset as high-value, but certain items are generally regarded as such due to their worth. These include: Artwork Collectibles Family heirlooms Jewelry (i.e., wedding rings and engagement rings) Vacation homes or investment properties Luxury vehicles Marital vs. Separate Property Marital property includes anything that either spouse acquired during the marriage, regardless of whose name is on the deed or title. For instance, even if only one spouse’s name appears on the title of a vehicle or the deed to a home, it is still considered marital property and will be subject to division. In contrast, separate property refers to items one spouse owned before the marriage. Personal gifts and inheritances received by one spouse (unless gifted by the other spouse) are also considered separate property and generally not subject to division. Retirement Accounts Retirement accounts, such as 401(k)s, IRAs, and pensions, are considered marital property if contributions were made during the marriage. Since pensions often represent a large portion of a person’s investments, they are frequently a major point of contention in high-income divorces. Equitable Distribution Ohio courts follow the principle of equitable distribution, meaning property is divided fairly , though not necessarily equally. This approach can complicate the division of high-value assets, especially since only some things can be easily split. Equitable distribution doesn't always mean a 50/50 division but rather what the court deems fair based on the specifics of the marriage. In high-income divorces, spousal support may favor the lower-earning spouse. This factor can create more disputes over how to divide assets, particularly when both spouses contribute to accumulating high-value property. Equitable Distribution Factors Judges in Ohio consider several factors when deciding how to divide marital assets, including: The duration of the marriage Each spouse’s income and separate assets Whether there are children and custody arrangements The standard of living maintained during the marriage The health and age of each spouse Division of High-Value Property Dividing property is straightforward for liquid assets like cash. However, high-value items like real estate or artwork are more difficult to split. Couples are encouraged to reach an agreement on how to handle these assets, as this can be quicker and less expensive than going to court. If no agreement is made, one spouse may keep the asset while compensating the other with an equivalent value in different assets. Concealing High-Value Property In some high-income divorces, one spouse may attempt to hide assets to avoid losing them in the divorce. Methods of concealing assets include underreporting income, hiding assets with third parties, or deferring raises. Hiding assets is illegal and can lead to severe penalties if discovered. If you suspect this behavior a divorce attorney who can work with financial experts to uncover hidden assets. Hiring a law firm familiar with high-value divorce proceedings and splitting of property will significantly impact how you and your future are protected. No matter how complicated or complex your divorce might be, the Hoover Kaycon Attorneys at Law serving Akron, Cuyahoga Falls, and Fairlawn are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
September 24, 2024
In the United States, over half of previously-married families are either remarried or recoupled, leading to many children having step-parents. However, the rights of step-parents in shared custody situations can be complex and limited compared to biological parents. Understanding these rights is crucial for maintaining a positive relationship between biological parents, step-parents, and the children involved Step-Parent Rights in Joint Custody Arrangements Legal Limitations and Permissions Medical Decisions: Step-parents cannot consent to medical treatments for their step-children without a signed consent form from at least one of the biological parents. In emergencies, step-parents can take the child to the hospital but need to obtain consent to treat from whichever parent is charged with making medical decisions. If both natural parents have medical decision-making authority, either of them could allow a step-parent to treat the child; however, a step-parent should never circumvent the rights of the biological parents to act. Educational Access: Under the Family Educational Rights and Privacy Act (FERPA), step-parents can access school records and attend school events if the child lives with them part-time, absent a state court order to the contrary. However, it's advisable to have written consent from at least one of the biological parents. Also, step-parents should never seek to circumvent the biological parents. Custodial and Disciplinary Participation: Step-parents may be required to follow existing custodial and disciplinary agreements set by a judge during the biological parents' divorce. Adherence to these guidelines is expected for the step-parent. If not, the court can hold the step-parent's spouse accountable for allowing a step-parent to act in an inappropriate or overreaching manner. To avoid nasty and costly legal battles, it is highly advisable that a step-parent NEVER engage in corporal punishment. Gaining Legal Footing: The Complexities of adoption, step-parent guardianship and visitation matters. Adoption and Guardianship Adoption: In most states, there are proceedings for step-parents to adopt their stepchildren if the other biological parent has abandoned the child or has failed to financially support the child. However, these scenarios do not occur often when biological parents have a shared custody arrangement since abandonment by at least one parent is the prerequisite. Legal Guardianship: A legal guardianship grants some legal authority to a non-parent without requiring a biological parent to permanently give up the rights to their child. However, it's challenging to obtain if both biological parents are capable and involved. Visitation Rights: Post-divorce from a biological parent, former step-parents can seek visitation rights to maintain their relationship with their former step-child, but there are complexities involved. Legal support can assist in understanding and obtaining these rights. Seek Professional Legal Guidance For step-parents navigating shared custody situations and/or who need assistance in understanding and exercising their roles, knowledgeable legal support is crucial. The family law experts at Hoover Kaycon Attorneys specialize in representing step-parents in all of these matters and can help ensure step-parents have smooth integration into shared custody arrangements. With extensive experience and a track record of success, the lawyers at Hoover Kacyon, LLC are committed to helping you achieve your goals and maintain healthy family dynamics. By focusing on mediation, fair negotiations, and realistic expectations, the attorneys at Hoover Kaycon LLC can help step-parents successfully navigate the complexities of blended families. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to assist you with the sensitive nature of child custody cases. If you need assistance, know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
February 5, 2023
Facing a felony of any kind is a serious matter. A felony conviction can bring prison time, fines, and penalties long after you serve your sentence. Starting off strong in your case will give you the best chance at avoiding harsh consequences. Follow these steps if you are charged with a felony: Remain Silent: Deciding to invoke your fifth amendment and kindly refusing to answer any questions without a lawyer present will prevent you from incriminating yourself. Stay Calm and Polite: Remind yourself to cooperate and be nice even if wrongfully arrested or are met with aggression. Any resistance or anger may only make you look guilty or result in additional charges. Contact Attorney: The single most important decision you will make when facing felony charges is calling an attorney to get a professional looking at all the legal aspects for your best possible outcome. Know Your Offense: Familiarize yourself with the crime and potential punishment associated with what you may be facing so you understand the gravity of the situation. No Posting Bail: Speak with your attorney before a loved one posts bail so there’s time to evaluate the charges, and see if the bail should be lowered, or if you should be released without bail. Having the proper guidance from a criminal defense attorney will likely save you time, effort, and money. Be Honest: Honesty is the best policy when relaying information to your attorney (it is confidential). The more details they know, the better equipped they will be to defend you and the more prepared they can be to provide you with the best possible results. Avoid Talking to Family/Friends: Confidentiality rules do not extend to friends and family, so talking about the case with them should be strictly off-limits until after the case has concluded. Write Your Version: As soon after the incident as you can, write down everything you remember of the event while it is still fresh in your mind and you can recall more accurate details. List Witnesses: Not only do you want a list of anyone who may have seen the crime take place, but you also want to write contact information and names of anyone who could testify on your behalf as a show of your good character. Attend Court: Make a calendar and set alarms so you don’t forget the dates and times; failure in court does not reflect well and can result in a warrant for your arrest. If you are facing felony charges, Hoover Kacyon, LLC has attorneys ready to get you the best possible outcome. The Hoover Kacyon, LLC. lawyers are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
January 25, 2023
Even though the medical marijuana program was to be fully operational by September 2018, sales didn’t begin until the start of 2019 due to regulatory red tape. This red tape has made permissions and ramifications unclear. Here are the pieces you need to know about medical marijuana laws in Ohio. Qualifying Conditions Patients who are prescribed medical cannabis by a doctor to treat one, or more, of 21 qualifying conditions are the only ones allowed to use medical marijuana. The 21 conditions include cancer, PTSD, traumatic brain injury, chronic or severe pain, CTE, Parkinson's, Alzheimer's, HIV / AIDS, amyotrophic lateral sclerosis, Crohn’s disease, epilepsy/seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, sickle cell anemia, spinal cord disease or injury, Tourette’s, and ulcerative colitis... Approved Doctor Prescriptions State Board of Ohio-approved doctors only can recommend medical cannabis. The requirements by law for them to recommend use are having a patient-doctor relationship, reviewing patients’ past month of prescriptions, and discussing the risks and benefits of treating their conditions with marijuana. Required Registration To purchase, possess, and use medical marijuana, patients and caregivers must be registered with the State Board of Pharmacy. Registered patients and caregivers will receive registry cards and photo IDs that are valid for one year and are mandatory to have to buy marijuana at a licensed dispensary in Ohio. Number Details A 90-day supply is permitted for patients and caregivers to possess. If a patient purchases a 30-day supply on their initial trip, then the subsequent trip will be limited to a 60-day supply until 90 days after their first purchase. Products and Use Ohio state law permits the use of vaporized medicinal cannabis. The first dispensaries sold only dried “flowers” or buds which must be vaporized. No open-flame smoking is technically legal. While Ohio’s medical marijuana program is still in its “start-up phase” with many areas and issues to address, medical cannabis is being sold across the state. If you find yourself in a quandary, reach out to Hoover Kacyon, LLC to help guide you through. The Hoover Kacyon, LLC. lawyers are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
January 10, 2023
When it comes to domestic violence, you often see stalking in addition to the offense. One partner will relentlessly call, show up at places of employment or public outings, or wait outside living quarters. The threatening behavior is the focal point rather than the method used to stalk. Let’s discuss what constitutes stalking; it’s defined as a behavioral pattern intended to cause a victim fear or apprehension. Stalking may include the following: Harassing or threatening persistent behavior (e.g., phone calls or texts) Following/shadowing an individual Turn up at an individual’s home or workplace Property vandalism Other behavior/activity that makes an individual fear for their safety Three common forms of stalking include: Erotomania: A delusional obsession with someone out of the stalker’s reach, like a public figure. Love Obsessional: Usually involving a stranger, the stalker follows someone they think they are in love with delusionally. Simple Obsessional: The offender stalks someone they have a prior or existing personal or romantic relationship. As it generally involves a spouse, ex, lover, boyfriend, or girlfriend, domestic violence stalking would fit into this last category. However, states differ in their stalking laws. To discern whether or not stalking is a form of domestic violence, you must familiarize yourself with local law. Ohio includes a “menacing by stalking” law which is when an individual knowingly engages in a pattern of conduct that causes you to believe that they will cause you physical harm or mental distress. Know your rights and protections through the legal system, or hire the support you need to navigate your case. If you find yourself with questions, the attorneys at Hoover Kacyon are ready to help you. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
January 2, 2023
It’s easy to confuse burglary and robbery as the same crime. However, there’s a major difference in penalties if convicted of one or the other. Hiring a professional defense attorney who understands the nuances will help you get the best possible outcome when facing a burglary or robbery crime. Here are some of the main differences to help you discern a burglary from a robbery: Burglary A burglary involves property. While it doesn’t require stolen items, intent must be proven. It’s an attempted or forced entry into a building with the intent of committing a crime. Theft is not always included in the crime, but illegal entry into a structure with the intent to commit a crime is the deciding factor for a burglary. Walking through an unlocked door may not constitute a forced entry. Allowing your defense lawyer to look through evidence and decide how to proceed may be the best course of action. Robbery A robbery involves a violent crime against a person. It’s attempting to take something of value from someone by the threat of force or violence which also caused the person to be afraid. Two vital components of robbery are the stolen item’s value and the victim’s level of injury. Charges of either grand theft or petty theft is determined by the value of what is taken. When an experienced attorney presents favorable evidence on your behalf, the results will likely be much better for you. Penalties Both crimes bring a possibility of imprisonment and fines. The degree to which you are convicted determines the amount of each. According to findlaw.com, any conviction of burglary in Ohio can result in the following: First-degree felony: 3 to 11 years in prison and fines not exceeding $20,000. Second-degree felony: 2 to 8 years in prison and fines not exceeding $15,000. Third-degree felony: 9, 12, 18, 24, 30, or 36 months in prison* and fines not exceeding$10,000. Fourth degree felony: 6 to 18 months in prison and fines not exceeding $5,000. Fifth degree felony: 6 to 12 months in prison and fines not exceeding $2,500. On the other hand, a conviction of robbery in Ohio may result in any of these punishments: First degree felony: prison term of 3 to 11 years and fines not exceeding $20,000. Second degree felony: prison term of 2 to 8 years and fines not exceeding $15,000. Third degree felony: prison term of 9, 12, 18, 24, 30, or 36 months and fines not exceeding $10,000. You want a professional attorney to assure you get the best possible outcome in your case. If you or someone you know has been charged with a criminal burglary or robbery offense, the lawyers at Hoover Kacyon, LLC are both knowledgeable and able to assist you. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment. ** https://www.findlaw.com/state/ohio-law/ohio-burglary-laws.html ** https://www.findlaw.com/state/ohio-law/ohio-robbery-laws.html
By Hoover Kacyon
•
December 6, 2022
In today’s world, with the development of online Google reviews, social media, and even sites like LinkedIn, choosing a good criminal defense attorney has become much easier than before. However, it is still important for you to select a criminal defense attorney that is right for you. Consulting with several attorneys is imperative to receiving the defense you want and deserve. Generally speaking, a good criminal defense attorney will be: Sympathetic and compassionate: Being charged with a crime can be devastating and life change for many people. A good attorney will make you feel at ease and listen carefully to your side of the story. Prepared: A knowledgeable attorney will be able to tell you upfront what you can expect during proceedings as well as possible outcomes and further actions. Respect your privacy: All information you disclose is legally confidential. Your attorney should respect your right to attorney-client privilege. Be up-to-date on current laws that affect your case: Continued education is imperative for a good defense attorney. Laws can change often, and you want an attorney knowledgeable about the most recent legislation that could affect the outcome of your case. Be able to negotiate: You will want an attorney who is reasonable and makes every effort to ensure you receive a fair and just outcome. An overly aggressive attorney may be impossible for others to collaborate with them effectively. On the flip side, an attorney who is too passive may not be working hard enough for the most favorable outcome. Working with an experienced attorney can mean the difference between a dismissal and a criminal record. It can mean the difference between jail time, probation, and fines or freedom. Be sure you choose an attorney who you feel comfortable with and trust. Having a good working relationship with your lawyer can greatly affect the outcome of your case. If you or someone you know has been charged with a criminal offense, the lawyers at Hoover Kacyon, LLC are both knowledgeable and able to assist you. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
November 17, 2022
Most people can safely drive or operate machinery when taking over-the-counter or prescribed medications. However, some medicine (and even some supplements) can affect your ability to drive or operate machinery safely. If you are driving while impaired, you are putting yourself and others at risk. In Ohio, a DUI falls under statute 4511.19 | Operating a vehicle under the influence of drugs or alcohol (OVI), and that includes any medications, whether legally prescribed by a doctor or not. You should read all medication labels carefully. Be cautious when taking medications with side effects that include: sleepiness blurred vision dizziness slowed movement fainting inability to focus or pay attention nausea These side effects make it dangerous for you to be on the road. Everyone is different, and medications can cause various side effects for different people. Taking multiple medications may cause interactions that taking a single medication may not cause when taken alone. You should avoid operating a vehicle or machinery until you know what side effects a particular medicine or combination of medications may cause. If you have questions, talk to your doctor or pharmacist. A DUI/OVI is a serious offense. A conviction can result in the suspension of your license. You can be sentenced to fines or even jail time. Your employment and ability to obtain insurance may be affected. When possible, find alternative options for transportation or utilize delivery services. If you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area, contact our office to schedule an initial consultation. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution for your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form.
By Hoover Kacyon
•
October 28, 2022
Being scared, nervous, or stressed is not uncommon if you’ve just been pulled over for a DUI/OVI. Your mind may be racing, and you want to be compliant, but in doing so, you may be doing yourself a disservice. Knowing your rights and what you should and shouldn’t do is essential before facing this situation. In Ohio, a DUI is called an OVI (Operating a Vehicle Under the Influence). An OVI arrest begins with a law enforcement officer's initial traffic stop or another initial contact. The officer will immediately begin observation to determine if there is suspicion of intoxication, including: assessing your physical appearance engaging in conversation to evaluate your speech identifying other behavioral information such as where you are coming from and if you have been drinking It is important to remember you have the right to, and should, remain silent. You are not required to answer any questions, with the exception of providing your name and identification to the officer. An investigation by the officer begins with initial contact, but if you are asked to perform a series of roadside tests, you are officially being investigated for a DUI. Again, it is essential to comply with the officer’s request to step outside the vehicle, but it is within your rights to refuse any field sobriety test, including a breathalyzer. There are reasons to decline the breath alcohol test. The roadside test administered with a portable breath test (PBT) is frequently unreliable. As such, it is not admissible in court. Refusing any testing prevents law enforcement from gathering additional evidence that could be used against you during court proceedings. However, refusing a breath test will result in a mandatory administrative license suspension (usually one year) from the BMV. It is also very likely that you will be arrested for Suspicion of DUI/OVI. If you have been arrested, you should continue to exercise your right to remain silent and contact an attorney as soon as possible. A DUI conviction on your record can have an enduring negative impact on your life. It could result in jail time, fines, or the loss of your job. Contact our office to schedule an initial consultation if you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution for your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form .
By Hoover Kacyon
•
October 5, 2022
Most of us, at some time in our lives, will interact with law enforcement. In a stressful situation, people can react in ways they normally wouldn’t. Simply engaging with a law enforcement officer can be anxiety-inducing for some people. Therefore it’s important to know your rights before finding yourself in a situation where contact with law enforcement is inevitable. Knowing your rights can help you remain calm and possibly prevent the situation from escalating. You have the right to remain silent. In any situation where you have been contacted by law enforcement, you are not required to answer any questions, with the exception of providing your name and identification to an officer. However, If you choose to answer questions, you should not lie or give false information. You have the right to refuse consent to search of your person or belongings. Whether you have been pulled over or the police have come to your door, you are not obligated to give consent for them to enter your home or your vehicle. They may perform a pat-down if they suspect you are concealing a weapon. It is important to keep in mind that you or your vehicle may still be searched against your objections, and you should not interfere with a search. However, stating your objection may help preserve your rights in any further legal proceedings. Your rights If you are arrested, you have the right to speak with an attorney, either court-appointed or hired privately. If you believe your rights have been violated, you should immediately write down what details you can remember and document any evidence of injury. You may consider filing a complaint with the agency’s oversight division or consult with an attorney to determine what further action to take. If you witness police abuse or brutality, you should stand at a safe distance from the situation. Record the interaction with your phone. Remember that law enforcement may not ask you to stop recording, may not confiscate your phone, and may not remove photos or video from your phone without your authorization. If your encounter with law enforcement results in your arrest or if you feel an encounter violates your rights, contact the lawyers at Hoover Kacyon, LLC. We are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Getting the best possible outcome is our goal.
By Hoover Kacyon
•
August 18, 2022
You may not always be sure when you need to consult with a criminal defense attorney or a personal injury lawyer. Criminal defense attorneys defend those who have been accused of a crime. Whereas a personal injury attorney will handle cases that involve injury, most often from accidents. Every person charged with a crime is entitled to a defense attorney. You can elect to hire a private criminal defense attorney or request that the court appoints you one. The responsibilities of a criminal defense attorney are to: Interview their client Investigate their client’s case Examine the evidence of the case Discuss plea bargain options with the prosecutor Prepare for trial Represent their client at trial Handle sentencing negotiations if their client is convicted Personal injury, on the other hand, is a civil matter and requires you to hire a private attorney. Often, personal injury attorneys are hired when you’ve been in an accident resulting from someone else’s actions or negligence. A personal injury represents their client in a lawsuit again another party. The responsibilities of a personal injury attorney include: Interview their client Investigate their client’s case Examine the evidence of the case Negotiate with insurance companies Prepare for trial Represent their client at trial Whether you’ve sustained an injury or have been charged with a criminal offense, hiring a knowledgeable attorney is the best way to ensure a favorable outcome for your case. Fortunately, the lawyers at Hoover Kacyon, LLC are both knowledgeable and able to provide you with assistance no matter which type of attorney you need. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon
•
August 3, 2022
If you have been drinking or are impaired in any way, you should not drive. Finding an alternative to getting behind the wheel when you’ve had too much to drink ensures everyone’s safety and is a guaranteed way to prevent a costly DUI on your record. However, if you are pulled over and suspected of driving intoxicated: You should be polite and cooperative. Your behavior matters. Refrain from being argumentative. An officer’s testimony is almost always given more weight in court. You have the right to (and should) refuse a breath test. Breath tests have been proven to give inaccurate results and are sensitive to improper administration. You have the right to politely refuse to take one. You can refuse a field sobriety test. Most people know a breath test is voluntary, but you can also decline an officer’s request to administer a field sobriety test. At all times during your interaction with a police officer, you have the right to remain silent. You are not required to and should not answer questions beyond providing your name and identification to the officer. An officer can (and probably will) arrest you under suspicion of DUI. In this situation, you should not run or resist arrest. Once you have been arrested, an officer will ask you to perform an implied consent test.1 These tests are administered by medically trained professionals and are different than the field tests performed by law enforcement officers. While you may refuse to take this test, doing so can result in the loss of your license for up to a year. You have the right to speak with an attorney, either court-appointed or hired privately. You should contact an attorney right away. You should write down what you remember about your encounter as soon as possible, including names and badge numbers, and document any evidence of injury. You may choose to consult with an attorney to determine further action. Follow the terms of your release from jail while your case is pending. Getting yourself in more trouble will only result in more severe punishment. Accept the consequences of your actions and complete your punishment. A DUI is a serious offense and puts the lives of others in danger. In 2019, nearly one-third of Ohio's fatal accidents were a result of alcohol impairment. Contact our office to schedule an initial consultation if you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution in your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form. 1 ORC Section 4511.191. The statute provides that the driver has implicitly consented to taking a breath test, blood test, or urine test for the purpose of determining the alcoholic content. https://www.responsibility.org/alcohol-statistics/state-map/state/ohio/
The law firm of Hoover Kacyon, LLC has one overarching goal — to fight for your cause, protect your interests, provide reasonable and prompt resolutions to your matter, and to do it all with professionalism and honor.
Practice Areas
Monday - Friday: 9:00 am - 5:00 pm
Convenient parking available
Contact Information
Main Office:
Portage Lakes Office:
Fairlawn Office:
Office Hours:
Phone and Fax:
Phone: 330-922-4491
Fax: 330-922-4498
© 2025
All Rights Reserved | Hoover Kacyon, LLC. All rights reserved. On Findlaw and Avvo
Designed & Powered By
