Attorney Dave Schaps Volunteers at Student Mock Arbitration

December 16, 2015  |  BGS

On Saturday, December 12, Associate Attorney Dave Schaps performed the role of Arbitrator at the Hamline University’s Center for Public Administration and Leadership graduate level Arbitration class, which was conducted by Professor Craig Waldron. Dave arbitrated the class’s final project, which involved a mock employment grievance dispute between a City and a police officer held in accordance with the terms of a collective bargaining agreement. The class of approximately 25 students came extremely prepared to serve in the various roles of giving witness testimony and conducting direct and cross examination, which contributed greatly to the learning experience in the class. Dave’s role was to conduct and moderate the course of the arbitration, and to deliver a decision at the conclusion of the proceedings. In the end, the decision to administer discipline by the City was sustained, but was reduced from a termination of employment to a one week suspension without pay. The students all appreciated the opportunity to learn through the mock arbitration and Dave Schaps’ guidance as Arbitrator as well as the debriefing after the actual arbitration presentation.  

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STEP BY STEP GUIDE: Can I Get Criminal Charges Against Me Dismissed?

December 15, 2015  |  Adriel B. Villarreal

Criminal charges will stay on your record. Getting these charges dismissed is the best way to beat a charge and finally be able to move on with your life. While the obvious choice is to hire a criminal defense attorney to help you beat your charges, there are some vital steps that will need to be taken when a case goes to dismissal. 1. Understand Grounds for Dismissal Dismissal may come from the following: Lack of probable cause Lack of evidence Illegal stop and search Improper filing Lack of key witness Normally, dismissals will only occur before an appeal, but there is a chance that if an appeal is won, all charges will be dismissed. 2. View Your Options As you now understand, there are various reasons that a charge may be dismissed. You’ll need to build your defense based on these reasons. Let’s take an in-depth look at each: Lack of Probable Cause There must be a cause for your arrest. If you were arrested for looking suspicious, this is simply not enough. There always has to be a reason to be arrested. If you were not caught in the act or did not match a witness’ description, you may be able to get a dismissal based on lack of probable cause….

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Dealing with Financial Matters in Divorce

December 14, 2015  |  Elizabeth A. Schading

Divorce can be complicated – especially when it comes to financial matters. Even couples who are otherwise cooperative on other issues may  find themselves at odds when dividing assets. Numerous things can prevent a couple from coming to an agreement on financial matters and ensuring that each party is satisfied.  A complex financial portfolio, valuable collectibles, business ownership interests and other assets can make it more challenging to settle financial disputes in a divorce. In some cases, a spouse will delay the process by taking a while to provide financial information. Further delays can be caused by unorganized or poorly-prepared paperwork. One way to overcome complex financial issues is a Financial Early Neutral Evaluation, or FENE. This evaluation is held with either an accountant who has extensive knowledge of property issues, or a skilled attorney. Evaluators generally have extensive experience working with the local court system, and will be realistically evaluate how property issues will likely be decided. While an evaluator can’t know for sure how a judge will decide, he or she can help you determine which property would likely be considered marital and non-marital. In addition, an evaluator can provide you with alternative options for handling pay-outs, like the division of 401K and spousal maintenance. Bringing in a third party to…

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