Day in the Life of a Lawyer
Day in the Life of a Lawyer
My dog died today. We found him dead at lunch time. To compound things I found out right before leaving the office that I needed to be in two places at the same time right after lunch. I was scheduled for Court in Ventura at 1:30 p.m. and got a call that the DA was filing on another client in the Juvenile Court over in Oxnard and setting the hearing…
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Move Away Cases and Children
Through out the past years, factors in move away cases have been added and deleted from the court's laundry list. Unless the move is prompted by absolute circumstances (ie: military move away), the court would like to ascertain the following: 1. Is there a detriment established by the distance of move (will the child's relationship with non-moving parent be impaired as a result of the move)? 2. Where is the…
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CAN I BE LIKE PARIS HILTON AND DO MY JAIL TIME AT HOME?
Many people were shocked to hear that Paris Hilton's jail sentence was changed. It was altered from 45 days of actual jail time to time served in jail (4 days) plus the balance of her 45 day "jail sentence" to be served watching TV and sitting by her pool in her million dollar mansion (home incarceration). However, with the right law firm a person's jail sentence can be altered to…
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JUST SAY NO TO SEARCHES
Here are some examples on how you should exercise this GOLDEN RULE: Officer Q: Can I search your car? A: No Officer Q: Can I search your pockets? A: No Officer Q: Can I search your house? A: No You get the point? Always, under any and all circumstances, just say NO. The law says that ANY search conducted WITHOUT a Search Warrant is presumed ILLEGAL. Which means, generally speaking,…
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“I WANT TO MOVE AWAY WITH MY CHILD BUT MY EX WON’T LET ME – WHAT CAN I DO!?!”
In today's society, it is becoming ever more common that children are raised by parents who live separate and apart. Add to that the drastically rising cost of living in many Southern California areas and you are left with many parents who want to move to another area and take their child or children with them against the will of the other parent. This type of case in Family Law…
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Moving Away with Your Child While Divorce is Pending
You and your spouse are just barely able to stand one another at times. Your son just turned 11 months old. You and your spouse have talked about getting a divorce. You have no friends in the area. You came from Oklahoma and you want to go back. Your spouse grew up here and wants to stay here. Of course, you want to take your son with you. Your spouse…
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“How does DMV suspend thee? Let me count the ways.”
The California Department of Motor Vehicles (DMV) has crafted numerous methods of suspending or revoking a motorist's driver's license stemming from a wide variety of both criminal and civil traffic related and non traffic related legal matters. Suspensions and revocations can result from a violation of numerous California Vehicle Code (VC) offenses, failure to pay certain small claim's judgments in full, failure to pay child support, and violations of certain…
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What is Community Property?
Have you ever heard your buddies throw out the term Community Property and wondered what they are talking about? Did you know that generally speaking, your spouse is entitled to half of anything acquired during your marriage? With high divorce rates in California, anyone who is married or contemplating marriage should be very familiar with this term and its concept. California Family Code Section 760 states, "Except as otherwise provided…
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CALIFORNIA DEPARTMENT OF MOTOR VEHICLES SUSPENSION
Did you get a notice that DMV is suspending your driver's license for too many points? Here's what's going on. In California the DMV gives a point for most moving violations. Speeding, bad turns, rolling a stop sign etc. are one point. Some violations, like driving under the influence, or reckless driving are two points. If you get four points in a year or six points in two years, the…
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Lowe Decision Has Negative Impact on Speedy Trial Rights
The California Supreme Court has made it harder for criminal defendants to demonstrate that their speedy trial rights have been violated by the prosecution's delay in informing them of the charges. In a 7-0 decision handed down on March 29, the high court held that the chance to serve a concurrent sentence alone will not be sufficient to demonstrate a speedy trial violation. Instead, they "must show that the delay…
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