Many of us are aware that employers have a legal duty to exercise due diligence in the hiring process. That duty may be violated if an employer hires someone they knew or should have known in the exercise of reasonable care was dangerous or unfit for the job. Employers are well aware that they could…
Filing false or forged official documents is a crime and probably the most common form of this is the filing of false real estate deeds or deeds of trust. Other examples would be filing a forged notarized deed transferring ownership of an elderly parent’s house to you and filing it with the county recorder’s office,…
“Arrears” means past due support. Arrears are created when a child support order is made and there have periods of time in which payments were paid partially or not at all. If you owe arrears, you may be able to reduce the arrears (and interests) significantly. Arrears owed to the local child support agency for…
Are you a suspect? If you are under investigation of a crime, it is crucial that you hire an attorney right away. It is at this point that an honest, straightforward, no-nonsense consultation with your criminal defense attorney is critical so filing a criminal case against you may be prevented. If you are a suspect…
In California, Penal Code (PC) 1203.3 allows a judge to terminate probation ahead of schedule. A motion will need to be filed and served on the government in order for the prosecution to have an opportunity to oppose or submit to the court’s ruling. Before an early termination of probation, the judge will want to…
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…
Tomorrow I start a trial for a client who was convicted of a misdemeanor crime and whose professional license is subject to be revoked. I have another client who retained me for her trial next year dealing also with the revocation of her license. I have written many times about how licensing boards (medical, legal,…
Family law cases: divorce, custody battles, child and spousal support establishment and enforcement, discovery, restraining orders and on and on. Family law litigation is stressful and personal. But when you have an ex-spouse or a parent who keeps filing frivolous motions with the court and loses each motion but does not stop, what can you…
I just finished defending a client in his family law case in which the opposing party who is represented by an attorney filed a contempt affidavit for alleging that my client filed a false I&E. There were 10 counts of criminal contempt filed and I was able to successfully defend him by requesting dismissal at…
The issue of child support enforcement is a high priority to the United States. The Bureau of Consular Affairs and the Office of the Legal Adviser for Private International Law work closely with the Department of Health and Human Services, Administration for Children and Families, Office of Child Support Enforcement to find innovative solutions to…
The United States Supreme Court today, June 8, 2015 rejects to hear an appeal filed by gun owners and the National Rifle Association (NRA). The Court left intact a March 2014 ruling by the San Francisco based 9th U.S. Circuit Court of Appeals that upheld the regulation that requires gun owners to keep their weapons…
With the summer travel season here, 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…
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 recently who…
California Penal Code (PC) 273.6 makes it a crime to violate the conditions set forth in a restraining order (RO) and used sometimes interchangeably as a “protective order” (PO). This usually occurs when a judge issue a legal restraining order and you intentionally ignore the terms of the order. Generally, a PO is a court…
When your child is arrested, you feel overwhelmed and powerless. But you have rights. You have the right to be informed when your child has been taken into custody, to advise your child to talk to an attorney and to be present at all the court hearings. The minor has the same constitutional rights afforded…
In March 2006, a 50-year old woman from a rural area in Maine testified before the state Legislature that “it wasn’t just the cats and dogs; it was the sheep and the chickens. I was terrified for their welfare. I knew if I were to leave, he wouldn’t hesitate to kill them. He had done…
You will be charged with a hit and run if you leave the scene of an accident without identifying yourself to the party or parties involved, and another’s property was damaged in the accident. The prosecution can file the charge either as a misdemeanor (property damage) and felony (injury sustained). Many will call me and…
The case of Mapp v. Ohio is poignant for many reasons. This seminal case which guards against all of us, citizens or not, the right against unreasonable searches and seizures was decided 50 years ago on June 19, 1961. Incredibly enough, this case all began with Don King, the future boxing promoter with the unique…
California Penal Code (PC) 273.6 makes it a crime to violate the conditions set forth in a restraining order (RO) and used sometimes interchangeably as a “protective order” (PO). This usually occurs when a judge issue a legal restraining order and you intentionally ignore the terms of the order. Generally, a PO is a court…
I have a client who came to me after being represented by a prior family attorney in his divorce case. After one year and having lost custody of his children, this client came in to my office asking me to take over the case. This client wanted a payment history since he will need them…