Collaborative Law

Collaborative Law

Hopkins Law Erie – Collaborative Law Attorney

Divorce | Custody | Support | Property Division Cases

Damon C. Hopkins has been practicing law since 1995 everywhere in Erie County, including North East, and Corry, PA. After years of nasty family litigation, he is genuinely delighted to represent clients using the collaborative process. His goal has always been to leave a client in a better position than when he first met them.

During the collaborative process, both parties work together with their collaborative attorneys and other professionals to resolve all their issues. The process resolves divorce, custody, support, and property division issues, while causing less emotional discomfort for everyone involved.

Schedule an Appointment with Attorney Hopkins Today.

The Process and Goals of Collaborative Law

In collaborative law, a respectful, creative effort to meet the legitimate needs of both parties and their children replaces positional bargaining backed by a threat of litigation. Each client has built-in legal advice and advocacy during negotiations, and each attorney is committed to guiding the clients toward reasonable resolutions. The goal of the collaborative process is to:


  • Create an environment where each party can have his/her legitimate needs met

  • Assist the parties in gathering all necessary information and analyzing that information in developing choices and options

  • Assess all options and determine the consequences of each

  • Guide the parties in developing settlement proposals

  • Help the parties negotiate a durable and lasting agreement

Attorney Hopkins offers you the ability to handle your family law issues using the collaborative process. Using collaborative law allows your family to stay out of court.

Using Collaborative Law for Separation, Divorce, Custody, and Support Cases

The decisions made by the court system rarely ever equal what either person wanted. The last thing anyone should ever want is for a stranger to make decisions about how your children should be raised, or how your hard earned assets should be divided. All too often, a family law case becomes “nasty” due to the nature of the court based legal system. Make sure Damon C. Hopkins is there to represent you correctly and respectfully when it comes to settling family disagreements, including:


  • Separation

  • Divorce

  • Abusive relationships

  • Prenuptial agreements

The cruelty of separation and divorce can lead spouses down the wrong path, encouraging them to oppose one another and to give the responsibility for decision-making to their attorneys and the court. Using collaborative law, Attorney Hopkins provides information and guidance to help you and your spouse develop mutually beneficial solutions for a separation or divorce.

Divorces, separations, and premarital agreements all deal with money, but custody cases deal with children. Working things out with the other parent through the collaborative process benefits you and your children. Figuring out what’s best for the child/children is what everyone prioritizes in the collaborative process. With the help of Attorney Hopkins, you can guarantee a better outcome for everyone involved by using the collaborative law process.

For more information on the principles of collaborative law check out the “Principles of Collaborative Law” (PDF) and the “Handbook for Potential Collaborative Clients” (PDF).

Choose Attorney Hopkins. Choose Collaborative Law.

Online Wills Vs. Hiring an Estate Attorney–Estate Planning in Pennsylvania

Potential clients–especially the younger, more tech-savvy generation–often ask why they should see an attorney about wills when forms are readily available at the click of a button. Simply put, a will is not something that you should tackle on your own. Damon Hopkins, a qualified estate and probate planning attorney, assesses your current situation and can devote more attention to making wills and developing comprehensive estate plans. Life is complicated, and family dynamics often come into play when drafting an estate plan. A form has no way of counseling you on any emotionally-charged issues, or can it provide much-needed advice during these sometimes precarious proceedings.

Advantages & Disadvantages of Creating a Will Online

According to the AARP article, Haven’t Done a Will Yet?, “only 4 in 10 American adults have a will or living trust.” If you decide to do your estate planning online and by yourself, the advantage is that you will have a plan as quickly and cheaply as possible. For some, that may be better than having no plan at all–especially in regards to getting a will, power of attorney, and advance health care directive. The reality is, many people have no idea what they want or need when it comes to estate planning. Once you get into the complexities of family dynamics, specific laws regarding your home state, and any other unique factors for your particular situation; online estate planning can cause many more challenges compared to working with a team of dedicated professionals. While many of us would prefer to fill in the blanks at their own convenience, some of these online documents can lay estate planning traps, rather than helping you save time and money. Call estate law attorney, Damon C. Hopkins to get professional advice and a free consultation regarding the creation of a will.

What are Other Required Documents for Estate Planning?

Many people believe that having an estate plan means drafting a will or a trust. However, there is much more to include in your estate planning to make sure all of your assets are transferred seamlessly to your heirs upon end-of-life. A successful estate plan also includes provisions allowing family members to access or control assets should the grantor become unable to do so. Here is a list of items every estate plan should include:

  • Will/trust
  • A durable power of attorney
  • Beneficiary designations
  • Letter of intent
  • Healthcare power of attorney
  • Guardianship designations

Individuals put off estate planning because they think they don’t own enough, they’re not old enough, are too busy, or are confused and don’t know who can help them. But estate planning could be the most important exercise ever performed during one’s lifetime to give peace of mind and ensures the next generation receives the fair amount owed to them.

Damon C. Hopkins – Your Erie, PA Estate Administration Lawyer

The best way to avoid mistakes when making wills is to consult with an experienced estate planning attorney like Damon C. Hopkins with offices in Erie, PA. It could save your family from unnecessary stress, and ensures they receive both your probate and non-probate assets as intended. Damon C. Hopkins provides over 22 years of experience to people in need of legal assistance in settling the estate of a loved one. Attorney Hopkins personally handles every estate, taking the time to learn the specific details of your case, looking out for all potential problems, and assuring the timely settlement of the estate. If you are in Erie County, including Edinboro, North East, Corry, Girard, and other surrounding townships, call Damon C. Hopkins today. 

What Can A Personal Injury Lawyer/Accident Attorney In Erie, PA Do For You?

An auto accident can be a terrifying experience, even if it is only a minor fender-bender. Unfortunately, insurance issues, impaired drivers, and corporate vehicles can cause a small wreck to become a major hassle. When car accidents involve one of these serious issues or long-term injuries, a car accident attorney may be required to get the most desirable outcome for the plaintiff. If you feel like another driver or party has wronged you in some way after being involved in a wreck, look to attorney Damon Hopkins, a car accident and personal injury lawyer. 

Attorney Hopkins is specially trained to help you recover monetary losses due to auto accidents. With over 20 years of experience, he works hard to get his clients reimbursed for any medical expenses that may be incurred. Learn more about Damon Hopkins Law, and how he should be your next Accident Attorney in Erie, PA.  

When Is A Car Accident Attorney in Erie, PA Needed?

Handling personal injury claims and accident claims on your own is challenging. If you were injured in a serious car accident and are paying for medical bills, car repairs, etc., hiring a lawyer will make everything easier, and ensure a respected settlement. There are many reasons why you may want to consult with an Erie, PA personal injury attorney.

Another Party’s Denying Liability

In a few cases, the cause of the accident is unclear, and an insurance company will not accept liability. If the insurance provider denies liability for the claim, you must provide clear and convincing evidence that the other party is responsible for causing the accident. Damon Hopkins, Erie’s accident attorney, understands all the legal elements under Pennsylvania’s personal injury laws and will help fight insurance claims for clients.

Unable to Meet Deadlines to File Personal Injury Claim

Claims related to personal injuries and wrongful deaths must be filed within a specific period after the accident has taken place. If you do not file within a certain time frame, what typically happens is the loss of rights to recover compensation from the responsible party. Knowing that Pennsylvania’s Statute of Limitations sets the deadline for filing personal injury claims, there are however several exceptions to modify the time for filing a claim: 

  • If a government entity or government employee is involved
  • In the case of a minor being involved
  • Someone with disabilities is involved

Because factors are taken into consideration for personal injury lawsuit deadlines, it is best to contact an Erie personal injury lawyer after an accident or injury.

Injuries Are Serious 

Some car accidents result in severe injuries, and even death. The losses and damages caused by these severe injuries can consequently increase in medical bills, loss of a stable income, and other traumatic life changes. Along with these life changes, insurance companies are searching for any reason to deny your claim. Accident attorney Hopkins protects you from unfair insurance tactics used when you are most vulnerable.

Accidents are Overwhelming & You’re Not Sure Where to Start 

After an accident happens, oftentimes it’s just the beginning. From driving along the road safely to now dealing with the doctor’s visits, medical bills, property damage claims, and more, things start to become overwhelming. Allowing Damon Hopkins, an accident attorney in Erie, PA to handle your claim, allows you to focus on getting better while he protects your rights and deals with all legal matters that are required to file an accident claim.

Take the Weight Off Your Shoulders & Call a Car Accident Lawyer in Erie, PA 

An automobile accident brings on a lot of questions:

  • Who is at fault? 
  • Who pays for damage to my car? 
  • Who will pay for my medical bills? 
  • How much should I get for pain and suffering? 
  • Can I ask the insurance company to reimburse me for lost wages? 

Perhaps the most important way an attorney can help you with your car accident case is by being your advocate. This may be your first time dealing with an accident claim. There is a lot of work that goes into negotiating an insurance settlement. An accident attorney, like Damon Hopkins, can do it all for you.

Negotiating with automobile insurance companies can be a daunting task if you choose to act alone. If you have been seriously injured and are trying to recover, finding an experienced attorney to obtain the necessary evidence to support your claim is crucial. Alongside that, having an experienced and articulate advocate working for you is essential in obtaining a fair resolution in your car accident case. Erie, PA personal injury attorney Hopkins will be your advocate before the judge, jury, and other attorneys, making sure you are compensated.

Accident Attorney Hopkins’s Knowledge of Personal Injury Law 

Damon Hopkins is extremely knowledgeable about personal injury law and the procedural rules that may affect any case. As a car accident lawyer, attorney Hopkins can help with a client’s statutes of limitations when filing a lawsuit against the at-fault driver. Having an attorney who is knowledgeable about the law, like Damon Hopkins, evens the playing field, especially when you are going up against the experience and vast resources of a large insurance company. Don’t settle without talking to accident attorney Damon Hopkins.

DAI vs. DUI – What Is The Difference in PA?

In 2003, the Pennsylvania legislature overhauled its drunk driving laws. The crime of driving under the influence (DUI) is now technically called DAI, or “driving after imbibing” (DAI). This new legislation also lowered the blood alcohol concentration (BAC) levels to .08% in order to include drivers who consider themselves sober or “buzzed,” and not necessarily what they would assume as being “drunk.” Pennsylvania has a zero-tolerance policy for drivers operating a motor vehicle while under the influence of any mind-altering substance; including alcohol, illegal drugs (yes, even medical marijuana) and prescription or over-the-counter drugs. Regardless of what it is called, drunk driving in Pennsylvania is a serious criminal offense with severe penalties that include the loss of ones’ driver’s license, Erie county fines, and even jail time. That is why it is critical to act quickly following a DAI /DUI arrest in Erie, PA.

DAI / DUI defense Attorney, Damon C. Hopkins has successfully defended countless clients against drunk driving charges throughout Pennsylvania and, in many cases, have cleared the charges entirely. Damon C. Hopkins is prepared to help minimize the damages of a DAI / DUI arrest. Contact Attorney Hopkins anytime to discuss your Pennsylvania DUI / DAI case or to schedule a free consultation in Erie, PA.

Explaining the Consequences of Receiving a DAI / DUI in Pennsylvania

When it comes to DAI / DUI in Pennsylvania, the penalties are severe. Pennsylvania is one of just a few states that has a “per se” law related to driving under the influence of illegal drugs (DUI Drugs). Meaning, that if a Pennsylvania DUI / DAI arrestee has any illegal drugs in their system, they will be punished as if they were at the highest alcohol levels. A first-time DUI / DAI for illegal drugs requires a mandatory minimum of 72-hour incarceration in jail, that could be as long as six months depending on other factors. The fines for a first-time DUI / DAI offense can also be as high as $5,000, along with a 12-month driver’s license suspension.

Drunk driving defense attorney Damon Hopkins might be able to challenge your DUI / DAI charges if the arresting officer did not a proper basis to stop the vehicle. Keep in mind that if the arrestee was not observed committing a crime or traffic violation before being pulled over, the police may not have had the right to stop or question that person. As an experienced DUI attorney in Erie, PA, Damon C. Hopkins can assess whether the police had the right to pull you over in the first place.

3 Common Tests Used in Pennsylvania DUI / DAI Cases:

  • Portable Breath Test: Commonly called a “portable breathalyzer”, or “PBT”.  Based on the results of this test, the police officer may arrest a driver for drunk driving.
  • Field Sobriety Test: If a driver appears intoxicated, the police may ask them to perform a series of field sobriety tests.  If they fail the tests, the police officer may arrest the driver.
  • Blood Test: After DAI or DUI arrest in Pennsylvania, the arrestee may be taken to a hospital where blood is drawn to more accurately determine their BAC level.
  • Breathalyzer: After DAI or DUI arrest in Pennsylvania, the arrestee may be taken to a location where they are given a full-sized breath test to more accurately determine their BAC level.

DAI Defense Attorney Hopkins, DUI Attorney in Erie Pa, looks for any errors that could’ve been made:  

  • Police improperly detained the driver or made an error of law during the stop.
  • Police failed to follow proper policies and procedures during DUI tests.
  • The breathalyzer was improperly calibrated, causing a false reading.
  • The results of the blood test were inaccurate or improperly obtained.

Charged With Drunk Driving or DAI In PA? Contact Damon Hopkins – Erie’s DUI / DAI Defense Lawyer

Attorney Damon C. Hopkins is a former prosecutor, providing a unique insight into the process of criminal defense across Erie County. He can view your case from all angles and plan the best possible line of defense. With more than 23 years of trial experience, both as a prosecutor and a defense lawyer, he is prepared to assist you in any criminal case, helping to protect people’s civil rights.

If you have been charged with DAI / DUI in Northeastern Pennsylvania, don’t assume that you have to plead guilty. Contact Damon Hopkins, an experienced DUI defense lawyer, today for a consultation before making any further moves. He will fight to defend you against the DAI charges and help to avoid more severe penalties for drunk driving in Erie, North East, Harborcreek, Corry, and across Northeastern PA. Please fill out our contact form for a free initial consultation about drunk driving charges.

 

Juvenile Charges

Juvenile Court

Hopkins Law Erie – Juvenile Criminal Defense Lawyer

In today’s world, temptations exist that may entice young people into making poor choices. When a juvenile is charged with a crime, such as drug possession or underage drinking, his or her future may be at stake. An experienced juvenile law attorney like Damon C. Hopkins can help to eliminate or lessen the impact these charges will have on his or her life.

Contact Attorney Hopkins Today.

Erie Juvenile Law Attorney

In Pennsylvania, we have a separate court system for our juveniles who are accused of criminal violations. There are significant differences in procedure and philosophy in the juvenile system as opposed to the adult criminal system. For example, the juvenile system is more geared toward correcting the child’s behavior so that they do not come back into the system again, whereas the adult system is more geared toward punishment.

One other significant difference is that in the adult system you get a sentence where you know how long you must serve before you are free, such as 6-12 months in jail and then you are released. In the juvenile system, the courts can keep you under their supervision up until your 21st birthday. That’s right, even though the child will become an adult at age 18, the court can keep them in the juvenile system until their 21st birthday.

Most juvenile offenders can be dealt with by receiving some form of probation, from informal to formal. However, if that does not work, or if the offense is too severe to begin with, the child may be placed in a shelter, a boot camp, a Residential Treatment Facility for mental health concerns (RTF), or in a juvenile jail called a detention center. How long the child will remain in any one of these types of facilities is uncertain, as it usually depends on how well they do in adjusting those behaviors that the Court has identified as a problem.

Will the Record be Sealed?

A major misconception about juvenile charges is that they are “sealed” once you turn 18. That is not true for any Felony offense. A felony offense remains on your record after your 18th birthday unless you successfully go through a process of having it removed. Which means a youthful indiscretion that leads to a juvenile adjudication of criminal trespass when you were 15, very well may prevent you from getting that great job when you are 25 or 30 because your employer did a state police record check. You should be very careful about any juvenile criminal charges; they have serious consequences, both presently, and for your future.

You need an experienced juvenile criminal defense attorney who practices in juvenile criminal court. Most criminal attorneys do not routinely handle juvenile criminal matters. Attorney Hopkins not only handles these cases all the time as a defense attorney, but he also used to be the prosecutor assigned to the juvenile division of the District Attorney’s Office. Call our office immediately for your free consultation on your juvenile charges.

At our firm, we understand that good people sometimes make bad choices. Schedule an appointment today.