California Criminal Defense: Misdemeanors
These are serious criminal crimes punishable by up to one year in local, county jail. Additionally, fines up to $1,000 can be ordered by the court. The most common types of criminal misdemeanor offenses are D.U.I., petty theft, simple drug possession, and most domestic violence. While jail is a distinct possibility, other more likely outcomes can include counseling and/or work service. Additionally, unlike felony cases, you have the right to "waive" your presence at all misdemeanor court appearances and have your criminal defense lawyer appear on your behalf. Not only does it save you time, but it saves you money and the potential for embarrassment. And contrary to what you think, your "waiver" does not harm you in the judge's eyes. In fact, given that most clients at this level "waive" their appearance, an actual client appearance is a most unusual sight in the courtroom. Regardless, it is your decision and our criminal defense attorneys will advise you accordingly.
California Criminal Defense: Felonies
These represent the most serious types of crimes, and for that reason, you must personally appear for each court date. Common types of felonies include robbery, grand theft, drug possession and/or sales, sexual assault, and some domestic violence. Punishment can range from probation to straight prison time with a minimum sentence of 16 months. Typical probation terms can include the following: fines, restitution, counseling, work service, and up to one year of county jail.If you learn that you are under investigation for a federal charge, it is very likely that you will be charged. By the time you are charged or indicted, the feds will have built a substantial criminal case against you. Because of their vast resources, that evidence may include wire taps and video surveillance.
It is important to understand whether you are facing criminal charges by a state or the federal government. Although the federal government can charge you with a crime for any violation of federal legal code, it typically focuses on major drug offenses, white collar crimes and cybercrimes. Increasingly, the FBI has been engaging in sting operations designed to trap sex offenders, such as distributors of child pornography or charges for solicitation of minors over the Internet.However, you don't have to be accused of an extremely serious criminal offense to face federal charges. Even a minor offense, if committed on federal property such as a national park, can result in federal criminal charges. If you are convicted of a federal criminal charge, you may be facing long prison sentences. Federal judges are very strict and almost always adhere to severe sentencing guidelines, and there is usually no chance for parole. Many of our pre-screened criminal attorneys specialize in federal criminal defense. The best time to get a defense team is when you first learn that you are under investigation. Even if the investigation is centered around someone else, if federal agents are talking to you, you need expert counsel immediately.If charges are filed against you in federal court, it is critical that you have an experienced criminal defense lawyer representing you in court. Your criminal defense attorney must have extensive trial experience in the federal court system. The federal courts are quite different from state courts not only in their procedures but also in the criminal defense strategies and potential punishments.
California Chapter 7 Bankruptcy
In Chapter 7 bankruptcy, the debtor files a petition with the court, which includes detailed financial information about his assets, debts, and income, and a list of the assets claimed as exempt. The papers filed with the court are executed under penalty of perjury. The court process usually takes about 3-4 months. The debtor filing Chapter 7 Bankruptcy attends a meeting of creditors which is usually held about 1 month after the filing. The debtor filing Chapter 7 Bankruptcy is put under oath, and the creditors have the right to ask the debtor about the debtor's assets and liabilities. In most instances, the Chapter 7 Bankruptcy meetings are quite brief, and often limited to the debtor simply confirming that the bankruptcy papers contain a true and accurate listing of all of his assets and debts. If complications arise, such as litigation with a creditor or the trustee, the debtor may have to attend a court hearing or additional Chapter 7 Bankruptcy Law examinations, and he will receive such notice from the court or his attorney. If there are no objections to the filing Chapter 7 Bankruptcy debtor's discharge, then the debtor receives a written notice from the court, stating that he has been discharged of all of his dischargeable debts. The fact that a debtor has filed bankruptcy Chapter 7 can appear on credit reports for 10 years. If the debtor was delinquent in his bill payments, then he may have already had bad credit. If the debtor receives a discharge of his debts, then he will often be in a good position to pay his current bills, and may be able to get new credit. A debtor is entitled to receive a discharge in bankruptcy once every 6 years.
California Chapter 11 Bankruptcy
Chapter 11 bankruptcy is a reorganization procedure used by businesses, including sole proprietors, partnerships, and corporations. The debtor in chapter 11 files a petition which includes a list of assets and liabilities, and a detailed statement of financial affairs. The debtor filing for Chapter 11 bankruptcy will typically act as his own trustee, called a "debtor in possession", and will remain in possession of all estate property. The court can appoint a trustee for cause shown, including mismanagement. About one month after the filing Chapter 11 bankruptcy, the debtor and his attorney attend a meeting of creditors. The debtor files monthly operating reports, showing income and disbursements, profit and loss, and a balance sheet, and pays quarterly fees to the U.S. Trustee based on the amount of money disbursed.
The debtor filing for Chapter 11 bankruptcy has the exclusive right to file a plan during the first 4 months. Thereafter, creditors are permitted to file plans. The Chapter 11 bankruptcy plan is accompanied by a disclosure statement, which describes the debtor's financial circumstances.The plan places creditors holding similar types of claims (i.e., unsecured, priority, etc.) into the same class. Creditors whose claims are impaired are allowed to vote on the plan. A class is impaired if its Chapter 11 Bankruptcy legal rights are altered by the plan. To be confirmed by the court, the creditors actually voting must approve the plan by a majority in number, and by a 2/3 majority in dollar amount of claims. At least one impaired class must approve the plan. If a class votes against the plan, the court may still approve ("cram-down") the plan if it finds that the plan is "fair and equitable" and does not unfairly discriminate. A plan often calls for the debtor to remain in business, and to repay creditors from future earnings, from borrowings, or from sale of assets. In Chapter 11 bankruptcy, priority claims, including recent tax claims, are required to be paid in full, plus interest. Secured claims are required to be paid in full, also with interest. Unsecured non-priority claims are required to be paid a dividend at least equal to that which they would receive if it were a Chapter 7 bankruptcy case. Within these limits, there are an infinite variety of Chapter 11 bankruptcy plans, each based on the debtor's own financial situation.
California Chapter 13 Bankruptcy
Chapter 13 bankruptcy is a debt adjustment procedure for individuals with regular income, who have unsecured debts under $269,250 and secured debts under $807,750. The debtor files a Chapter 13 Bankruptcy petition with schedule of assets and liabilities and statement of financial affairs, along with a Chapter 13 plan. The plan provides for repayment of the debtor's debts over a 3-5 year period, from the future earnings of the debtor. A trustee is appointed to receive payments from the debtor and disburse them to creditors. The debtor filing for Chapter 13 Bankruptcy remains in possession of all of his property, exempt and non-exempt. Upon completion of payments under the plan, the debtor typically receives a discharge, even if he has paid less than 100% of the debt. Certain debts, however, must be paid in full to be discharged. The debtor filing for Chapter 13 Bankruptcy attends a meeting of creditors. Creditors are not entitled to vote on the plan, but are allowed to file objections to the plan if they believe that the Chapter 13 Bankruptcy plan does not comply with Chapter 13 Bankruptcy requirements. Creditors will receive differing amounts of money under a Chapter 13 Bankruptcy plan, depending on the nature of the debt, i.e., whether priority, unsecured non-priority, or secured. Priority debt typically includes recent taxes (generally less than 3 years old), and certain spousal and child support claims. Unsecured non-priority debts include older income taxes (generally, more than 3 years old), credit card debt, medical bills, personal loans, and any deficiency claims. Secured debts include real estate mortgage loans, car loans, and furniture and jewelry loans. These payments are made by the debtor making payments to the trustee, and the trustee then making disbursements to the creditors.
California Personal Injury Law
Personal injury law is based in the law of "torts". A tort is a harmful act or failure to act for which the law provides a remedy. There are many different kinds of Personal injury torts. Physically injuring someone is a tort; so is damaging a person's property or character, or wrongly denying someone his or her liberty. The basic principle of tort law is that injured persons should be compensated by those responsible for their injuries. Thus, a victim of a tort has the right to sue the "tortfeasor" (the person committing the tort) for damages. It is important to understand the difference between torts and crimes. A tort is a civil wrong against an individual that exposes the tortfeasor to liability to an individual (or individuals). A crime is a wrong against society or the state and is punishable by incarceration or a fine. Some acts, however, can be both a tort and a crime. For example, someone who uses force to cause bodily injury commits a tort known as battery and is liability to the victim for damages. Battery also is a misdemeanor crime under California law, punishable by up to six months in prison and/or a fine of up to $2000. Thus, a person committing a battery could be prosecuted and convicted of the crime of battery, and also face a civil lawsuit brought by the victim.
California Personal Injury Law: Intentional Torts
An intentional tort is a wrong based on an intentional action, as contrasted with carelessness or negligence. Battery is an example of an intention tort--the defendant intended to hit the plaintiff. Other examples of intentional torts include assault (threatening someone with physical violence), false imprisonment, invasion of privacy, and trespass. Defamation also is usually considered an intentional tort, because the defendant intentionally prints or speaks the defamatory statement. To proceed in a lawsuit for damages caused by an intentional tort, a plaintiff must show that the defendant acted willfully. To act willfully means to deliberately, intentionally, or wantonly perform an act with actual or constructive knowledge that injury is a likely result, coupled with conscious failure to act to avoid the injury. The defendant's willful act must be the cause of the plaintiff's injury.
California Personal Injury Law: Negligent Torts
Negligence has to do with how careful a person was when he or she caused an injury, and how careful, according to the law, he or she should have been. There are four requirements to proving negligence. A plaintiff must show (1) the defendant had a duty to conform to a certain standard of conduct to protect the plaintiff from unreasonable risk, (2) the defendant breached that duty, (3) the defendant's breach was the proximate cause of the plaintiff's injury, and (4) the plaintiff suffered damages. In some personal injury cases, it turns out the plaintiff was partly at fault in causing his or her injury. In 1975, California adopted the doctrine of "comparative negligence", which allows a jury to apportion liability in a lawsuit. Comparative negligence permits a jury to compare the negligence of the plaintiff with the negligence of the defendant and decide damages accordingly. If the jury finds the plaintiff ten percent negligent in a car accident, and the defendant 90 percent negligent, the defendant has to pay only 90 percent of the damage award. Likewise, if the jury finds the plaintiff 90 percent negligent in the accident, and the defendant ten percent negligent, the defendant has to pay only ten percent of any damage award.
California Personal Injury Law: Strict Liability
Under the theory of strict liability, the plaintiff contends that the defendant is liable regardless of fault. The issue of how careful a defendant was or should have been is irrelevant. Even if a defendant's actions were entirely reasonable, strict liability imposes liability on the defendant if he or she caused the plaintiff's injury. Historically, strict liability was only used in cases in which a wild animal or an ultrahazardous activity caused an injury. For example, people who demolished buildings, dusted crops, or manufactured explosives were automatically liable for injuries caused by their activities. In 1963, strict liability was first applied in a defective product context. Since then, it has become the principal theory of recovery in products liability cases. One reason for applying strict liability to defective product cases is that manufacturers (often large corporations) are in a better position to incur the costs of the injuries caused by their products than the individuals who are injured. Moreover, by requiring manufacturers to pay damages for injuries caused by their products, regardless of fault, the law encourages manufacturers to produce safe and dependable products.
The principal purpose of products liability litigation is to compensate persons injured by defective products. But products liability litigation also serves an important public policy interest. It serves as a means for society to collectively decide how safe manufacturers ought to make products that consumers use every day. The application of strict liability in products liability cases demonstrates society's changing attitudes toward product-related injury. To prove a case based on strict liability, three basic elements must be established. A plaintiff must show (1) the product was defective, (2) the defect was the proximate cause of the plaintiff's injury, and (3) the plaintiff suffered damages.
California Family Law: Divorce
A divorce accomplishes several basic things. First, and most simply, the legal bond between husband and wife is dissolved. Second, the assets and debts of the marriage are distributed between the spouses. Third, child custody is determined in families with children. And, finally, support payments may be ordered – either child support or spousal support. Depending on your circumstances, there are a few different types of divorce. Which route to take all depends on where you live and whether or not you and your spouse can come to an agreement.
California Family Law: Uncontested Divorce
An uncontested divorce is similar to a summary divorce except that the parties can have children and considerable property and assets to be distributed. All that is required is for the judge to approve the couples’ agreement and the divorce can be granted. No-Fault Divorce– Most states now allow a “no-fault” divorce which simply means that the parties do not have to go into who’s to blame for the split. At-Fault Divorce – Some states still have an at-fault divorce option in addition to no-fault divorce. In this type of divorce, the filing spouse must allege fault on the part of the other spouse for the breakdown of the marriage.
California Family Law: Legal Separation
When the marriage appears to be failing, many couples choose to separate first while others seek a divorce right away. What’s the difference? The most distinct difference between separation and divorce is that a divorce legally and permanently terminates the marriage. Once the divorce is final, both parties are free to remarry someone else without any repercussions. A separation, on the other hand, does not terminate the marriage and does not give the parties the right to remarry without first getting a divorce. Other aspects of the split – such as child support, property division, custody issues and alimony can all be addressed through a legal separation just as they would be in a divorce and in many states, the legal separation agreement can later be converted to a divorce at the request of one or both of the parties. While there are a few different types of separation, a legal separation will protect your interests as well as that of your spouse while the two of you decide how to proceed as the separation is documented with a separation agreement or court order. Often couples find a way to work things out and choose to reconcile. With a legal separation, there would be no need to remarry as the marriage was never terminated. For some people, their religious or cultural beliefs prohibit them from divorcing. A legal separation would give them all of the legal protections of a divorce, without the divorce. And in the event that you do later decide divorce is the right choice, that decision is likely made with a clearer state of mind as you’ve allowed some time for the emotions to settle. In fact, many states require that couples separate first before granting a divorce to be sure that the divorce is really what they want and not just a decision made in the heat of the moment.
|
