Moving Away with Your Child While Divorce is Pending
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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MINOR IN POSSESSION OF ALCOHOL
San Diego Police are writing hundreds of citations for Minor in Possession (Business and Professions Code § 25662). Many citations are for a misdemeanor. A guilty plea to a misdemeanor means you'll have a criminal record. If you plead guilty the judge must suspend your driver's license for one year. A LAWYER THAT KNOWS THE SYSTEM CAN HELP. Often the charge is reduced to an infraction. Infractions are not reported…
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Arrested for DUI? – Be Prepared
Like anything else in life, if you want to stand a good chance of a positive outcome when facing a DUI charge, it is all about who you have on your side and your "preparation" of your defense. To know how to defend yourself you need to know what the "enemy" (The Prosecution) is looking for when they review the strength of a DUI case. In almost every DUI case…
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UNDERSTANDING YOUR APPEAL
-- Information for Appellants -- This information will help explain what an appeal is about. It answers some of the general questions most often asked by our clients. Your individual attorney will help you understand your specific case. "WHAT IS AN APPEAL?" An appeal is not a new trial. The purpose of an appeal is to check over the proceedings in the trial court to see if the law was…
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Underage Drinking and Parties
While we all enjoy going to and throwing parties, a good time at a party can very easily turn into a criminal conviction, a jail sentence and a large monetary fine if we are not knowledgeable of the law pertaining to parties. In particular, people are often unaware of the law pertaining to alcohol and underage drinking. There are many harsh penalties that you may be charged with if you…
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Setting Aside a Judgment or Order
Our firm gets many calls from potential clients who have already gone through a divorce or paternity matter which resulted in a judgment or order. All child and spousal support amounts have been decided on and child visitation is pretty clear. They call us because things have changed or things haven't worked out and they want us to help them get the support or visitation terms modified. Asking a judge…
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