What is Alimony and Do I Qualify?
What is Alimony and Do I Qualify?
In decades past, it was typical for a woman to cease working after marriage in order to focus on her home and on her family. Many women never obtained a college degree or any kind of advanced career training. In the event of a divorce, it would be very difficult for a woman who has served as a homemaker for many years to be able to make ends meet. Alimony,…
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Nanny Charged With Murder of Two Children Under Her Care (PC 187)
A nanny has been charged with the murder of two small children who were under the nanny's care. The children, siblings, age six and one respectively were found fatally stabbed in a bathtub in their family's apartment. The arrest came nine days after the children were discovered dead. The nanny was arrested and charged with first-and second-degree murder according to police. The nanny was found in the apartment with stab…
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Driving under the influence of alcohol or drugs under California Vehicle Code Section 23152 (a)
Code section 23152 prohibits driving under the influence of drugs or alcohol. Drugs are substances that affect your physical or mental abilities to drive a vehicle with caution that a sober reasonable person would under the same circumstances. Some type of drugs that fall within the ambit of this code section include marijuana, prescription drugs, pain killers, anti depressants, pcp, ecstasy and even cold medicine. The prosecution will look at…
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A New Wrinkle On “Miranda Warnings”. A Good Example Of When Authorities Go Too Far
When it comes to "Miranda Warnings" the basics are simple: Any time you are legally "in custody" and authorities wish to question you, the following must first be advised: (1) You have the right to remain silent (2) Anything you say can be used against you (3) You have the right to an attorney (4) If you cannot afford an attorney, one will be provided for you. In October, a…
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If you were convicted of a sex crime and are required to register as a sex offender (PC 290) you may be able to challenge your requirement to continue to register
Here are the questions you need to ask yourself: 1. Do you wish to appeal or modify your sentence? 2. Are you on Megan's Law website and wish to be removed? 3. Are you seeking to stop 290 sex registration by filing a Certificate of Rehabilitation or a Governor's Pardon? 4. Do you want to reduce the felony conviction to a misdemeanor and seek expungement? 5. Even if ordered to…
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Is your lawyer doing all of the things they need to do to properly defend you if you are facing a sex crime charge? Part 1
If you were arrested and charged with a sex crime, you need an aggressive and experienced criminal defense firm on your side. Please consider the following: 1. Is your attorney conducting a full investigation and interviewing all witnesses involved in the case? 2. Is your attorney investigating the background of the alleged victim or possible motives on why the alleged victim is not being truthful? Or perhaps the character of…
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California Medical Marijuana Primary Caregivers – Part 2
In the context of California medical marijuana laws, a "primary caregiver" is an individual or facility that has "consistently assumed responsibility for the housing, health, or safety of a patient" over time. (California Health & Safety Code 11362.5(e)). Consistency is critical to meeting this definition. A patient can elect to frequent any dispensary that he or she chooses. The patient can visit different dispensaries on a single day or any…
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Are You Charged With Lewd And Lascivious Acts With A Minor? (PC 288)
The crime of lewd and lascivious acts with a minor is one of the most serious crimes you could be convicted of in California. Not only do you face severe criminal penalties if you are convicted of this crime, you will also have a negative stigma following you for the rest of your life. This poor public stigma -- sometimes referred to as a "scarlet letter" -- of being accused of…
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Child abuse or endangerment? (PC 273a)
Recently a child with autism was left unattended on a bus for over 6 hours. Under current California law, that could be considered child neglect or potential child endangerment. It is still unclear who was ultimately responsible for this, but certainly there is potential of a criminal charge being filed if this was done intentionally or with negligence. The school district also may face civil sanctions if it is determined…
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If You Assault Your Spouse You Will Likely Be Ordered To Only See Your Children With A Court Approved Monitor – PC 243
There are tremendous consequences if you are accused of assaulting your spouse or loved one. Of course you are facing serious criminal charges. These criminal charges can result in a felony or misdemeanor conviction. This can result in a jail sentence of from one to three years in custody. However, in addition to that a recent court of appeals decision made clear that if you are convicted of assault of…
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