It is important to understand that when people live together, whether or not they are married, a “confidential relationship” arises between them. For married persons this relationship arises from a legally recognized nature of matrimony. For unmarried persons, certain important legal obligations are present but may be of lesser value. Nonetheless, due to the trust…
There are several ways a prenuptial agreement can be attacked and found invalid. A premarital agreement is unenforceable if a party against whom enforcement is sought proves either of the following: (1) consent was involuntary; (2) the agreement was unconscionable. I have a client that was not represented by an attorney at the time she…
Although family law and criminal law are two very distinct areas of the law, they frequently overlap creating challenges for lawyers who specialize in just one area. When a family law case involves elements of criminal law such as domestic violence, child abuse, restraining orders, alcohol (DUI) or drug offenses, the case becomes exponentially more…
It is approaching July 4th and as many of us know many people enjoy “blowing” things up. It maybe a “homage” to the rockets’ red glare that Americans love fireworks and prior to 1950, few states regulated them. But due to concern over injuries, enactment of laws were implemented. Even sparklers burns at 2,000 degrees…
I had two clients call me recently about why they were not provided their “Miranda” rights prior to the police asking them questions. If you are not under “arrest,” the rights are not triggered. Both clients made admissions to the alleged crimes and the analysis then proceeds to whether they were under arrest and should…
With the travel season here beginning, you can be sure that the police will be setting up sobriety checkpoints. In California and in many states, police conducting checkpoints must comply with a strict guideline that is laid out by case laws. In California, the landmark case is Ingersoll v. Palmer. Why are these case laws…
Divorces could take years and in California, at least six months minimum would be required. If you want or need to get divorced sooner, there is a Motion for Bifurcation in which a party asks the court to terminate the marriage and restore each spouse to their single status. In some situations, the parties’ or…
Professional licensing agencies may suspend or revoke a license issued for reasons enumerated in the California Business and Professions Code (BPC). For many who have criminal convictions, whether they are doctors, nurses, contractors, they will be served and must defend against an accusation that impacts their careers and livelihood. I had a client come in…
The primary purpose of the contempt power is to preserve the effectiveness and sustain the power of the courts. The secondary purpose is to protect and enforce the parties’ rights by compelling obedience to court orders and judgments. Examples of this would be failure to appear when subpoenaed, screaming profanities in court, and failure to…
An annulment is very different from divorces. In a divorce, there are no questions about the marriage. You simply want to end it and move forward with your life. In an annulment, the marriage itself is questioned—whether it is valid and enforceable. In California, there are 2 types of annulments: (1) void marriage (not legally…
Your criminal defense attorney should engage in serious talks with the prosecutor about a plea bargain. The goal is to get the charge and the penalties decreased. One of the lesser offenses is what is commonly referred to as “dry reckless” pursuant to Vehicle Code Section 23103. A “dry reckless” is a misdemeanor charge defined…
I have a client that has a visitation order of a mere 5% due to a prior restraining order. He came to my office and wants to know what his options would be. Since the restraining order had expired, a modification is “necessary or proper” in the child’s best interests. Generally, a custody or visitation…
Like most states, the standard for child custody determinations in California is the overall best interest of the child with an emphasis on assuring the “health, safety, and welfare” of the child and “frequent and continuing contact” with both parents. This is especially true when there are no issues of child abuse, domestic violence, or…
I just dealt with a case dealing with the victim of a very serious crime (attempted murder). The initial bail in this amount was $100,000 but after discussing the case with the victim and his wife, this amount was too low. I immediately worked with the victim and his wife to contact the District Attorney…
As all of us know, immigration under the current Trump administration is in the state of “flux”—to put it mildly. For many who have entered a guilty plea to a criminal charge or have “open” criminal cases, it has never been so critical to understand that a guilty plea to criminal charges will have negative…
Family Code (FC) 2030 (a) to (d) enables a party without financial resources to have an “equal” playing field. Access to representation and preservation of each spouse’s rights is critical. This code section applies to divorces, annulment or legal separation cases and any subsequent family law matter related to those three types of actions. The…
A mother who resides in Norway is pursuing a case against my client who resides in California. As noted in my prior articles, Department of Child Support will enforce child support cases even if the mother and child is outside of the United States since we have treaties with certain countries. My client did not…
Atty. Castañeda successfully obtains for her client a 3 years state prison sentence reduced nunc pro tunc to 364 days of county jail. Her client had been recommended to Atty. Castañeda by a well-respected immigration firm in San Francisco to do what they told her would be a near “impossibility.” One of the attorneys in…
A new client just called me about being arrested for a DUI from a checkpoint. Yes, as we know the holidays mean festivities and parties more likely than not include alcoholic beverages. So again, checkpoints are legal but the police are required to insure that state and federal laws are followed before they institute a…
It is the end of the year and for many that is a time to assess one’s financial situation. For many clients, it seems like child support debt is something they can never “erase.” Unlike many debts, bankruptcy does not “zero” out your child support debt. In fact, the public policy towards collecting child support…