If you are convicted of a crime, you could be deported. The United States government is serious when it comes to excluding and deporting immigrants who have been committed and subsequently been found guilty, either through a voluntary plea or a jury trial. U.S. policy is strict and it does not take into account whether…
I made a guest appearance at Kababayan LA to talk about this last week since I think it is critically important that parents of both the child bullying and the child being bullied are informed. The girls’ arrest in Florida and the unprecedented felony charges against two girls accused of harassing a classmate so much…
Mention “restraining order, “ and most people think you are referring to physical violence or someone needing a court order to be protected. However, the Automatic Temporary Restraining Orders (ATROs) are something different entirely. ATROs are used to insure a measure of respect between divorcing spouses and establish specific rules pertaining to assets, insurance policies,…
There are many types of abuse, and a family law court shall take all of them in consideration. There are generally eight types of domestic violence/abuse: physical, intimidation, child abuse, verbal and emotional, social isolation, religious, male/female privilege (diminishing the victim’s authority and preventing him/her from contributing to the relationship and sexual abuse. If you…
Medicare fraud happens when Medicare is billed for services or supplies you never received. Medicare fraud costs Medicare a great deal of money each year. Medicare abuse is when doctors or suppliers do not follow good medical practices, which leads to unnecessary costs to Medicare, improper payment, or services that are not medically necessary. A…
I am in the midst of a bitter divorce case that involved the opposing party filing the second restraining order (RO) in family court in the same case. The first one did not proceed since the filing party took the matter off calendar (meaning, she did not want to continue with the request for a…
The most difficult child support cases to enforce are those in which the parent obligated to pay child support lives in one state and the child and custodial parent lives in another. However, all states are required to pursue child support enforcement, including establishment of paternity and support obligations, as vigorously for children who live…
A “dry reckless” is a misdemeanor charge defined as a flagrant disregard for people or property. Unlike any alcohol or drug related offenses, the benefits of this charge are huge. There is no mandatory sentencing enhancements for repeat offenders, shorter county jail sentence, if any, shorter probation, a reduced fine, no mandatory court-ordered license suspension,…
The Drive Sober or Get Pulled Over Campaign began on August 16, 2013 and will last until September 2, 2013. It is a nationwide campaign that kicks to high gear this Labor Day when local and state law enforcement in all states will conduct sobriety checkpoints and heightened street patrols, looking for motorists who may…
I had a client recently who had four prior petty theft criminal convictions. Three of the four judges or courts in four different Los Angeles Superior Court locations granted our motion to expunge the criminal conviction. Based on new factual information, I filed a motion for the judge who denied our fourth motion to dismiss…
Being falsely accused (and/or wrongly arrested) for blackmail is a nightmare. As such, it is critical to retain an experienced criminal defense attorney. Common defenses to this charge are, you did not coerce the victim to give you money or property, falsely accused, or there is insufficient evidence to support a conviction. Extortion by threat…
What can a spouse do? California Family Code, Section 271 basically states that if “the other side doesn’t play ball or play nice,” the court can make them pay the other side’s attorney’s fees. It applies even to a pro per spouse. The text of Section 271 (a): Notwithstanding any other provision of this code,…
FC 2030 (a)(1) states that in a proceeding for dissolution of marriage, nullity of marriage, or legal separation of the parties, and in any proceeding subsequent to entry of a related judgment, the court shall ensure that each party has access to legal representation, including access early in the proceedings, to preserve each party’s rights…
Retirement plans at work. A qualified family attorney should know that these accounts are split up by using a qualified domestic relations order or a QDRO. What is this? It is an order that needs to be -included in your divorce papers. The QDRO establishes your soon-to-be-ex-spouse’s legal right to receive a designated percentage of…
Many do not see the difference between being charged with another white- collar crime like larceny. The difference is this: with larceny, the perpetrator never had legal possession of the property carried away. While the crime of embezzlement requires that the perpetrator had lawfully possessed the property, but then converted it into his/her own property….
The minor has the right to remain silent and right to an attorney. The minor can and should request to have a parent present during questioning. My advice to parents is to have the minor’s attorney present during interrogations, line-up or any other investigations. As the parent, you have the following rights: The right to…
DUI cases constitute the largest group of misdemeanor violations in many counties. Notable legal enactments: the lowering of the unlawful blood alcohol level, the addition of a statute prohibiting DUI while driving a commercial vehicle, enhanced penalties for DUI with a minor in the vehicle or the requirement that ignition interlock devices be installed in…
I had a client recently who had four prior petty theft criminal convictions. Three of the four judges or courts in four different Los Angeles Superior Court locations granted our motion to expunge the criminal conviction. Based on new factual information, I filed a motion for the judge who denied our fourth motion to dismiss…
Miranda v. Arizona 384 U.S. 436, 86 S.Ct. 1602 (1966) continues to evoke confusion by many individuals confronted by the police. Ernesto Miranda, a rape suspect, was arrested and taken to the police station. After two hours of questioning, he signed a written confession and was subsequently found guilty. Miranda appealed his conviction on the…
The “box” is that place on many employment applications that asks whether the applicant has been convicted of a crime or have been incarcerated. Some may even inquire about arrests. The initiative would remove those questions from the application and the initial stage of the employment process so that those who are responsible for making…