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Category: General Legal Information

Categories
General Legal Information

Do I Need A Lawyer for Divorce, Bankruptcy, or Criminal Charges

Do I Need A Lawyer for Divorce, Bankruptcy, or Criminal Charges | SFVBA

“Do I need a lawyer?”

We hear this question pretty frequently from residents and business owners in the Los Angeles area so we put together a quick overview covering some of the benefits of working with a trained professional when facing divorce, bankruptcy, or criminal charges.

Please take a look and consider the situation before deciding to represent yourself.

It may just mean the difference you need to ensure the best possible outcome.

Let’s get started.

Should you represent yourself?

In most situations, you can represent yourself, although many companies like banks and insurance companies have mandatory arbitration or mediation clauses in the contracts you sign.  These provisions mean you have to solve disputes through a third party out-of-court.

But in court cases where representation is possible, the other question is, “Should you represent yourself?

You might have a certain type of small claim that you want to make. Or you may want an uncontested divorce. Or maybe there is an administrative legal issue.

Usually, these are the simpler legal cases where there are fewer conflicts and less severe penalties involved. The claim is between $25,000 and $100,000.

You may want to represent yourself in a small civil suit rather than undertake the cost of a full-time attorney.

Or you may want to work with someone else other than a lawyer.

if you decide to handle things yourself, there are still enough issues and concerns to warrant at least some discussion with a lawyer. You would be wise to have a legal consultant to make sure you are doing things the right way.

Getting legal advice on strategy and tactics may cost you a little money, but not nearly the amount of having a full-time attorney handling your case.

The idea is to find a lawyer, not just any lawyer, but one who is experienced in the type of issues involved in your lawsuit.

Conducting a personal injury lawsuit can be very different than conducting a lawsuit based on a contractual dispute.

What is your area of need?

There are required steps to follow and forms to file in just about every area of law. How you proceed may determine the success of your case. There are also red flags and potential obstacles to be aware of along the way.

Divorce

There are some traditions that guide usual court outcomes. For example, in a divorce case, usually the longer the marriage, the more likely you will need a lawyer. The amount of alimony or child supports a spouse is entitled to increases quite a bit after 7-10 years of marriage. So if the marriage has lasted this long, it is advisable to have an attorney represent you.

If the marriage is fairly recent and there is no child custody argument, you may want to consider representing yourself, but it is still advisable to seek legal advice.

If there are any premarital properties or assets involved, this is another area where legal advice should be sought.

If you and your spouse have agreed to dissolve the marriage in an uncontested way, you still could run into trouble when discussing the division of assets and responsibilities.

On the other hand, if it is a completely “no fault” divorce, and everything has been agreed to including the division of assets and responsibilities, it is possible that there will be no court hearing or appearance at all.

Bankruptcy

You can consider representing yourself in filing for bankruptcy if you have limited assets and no creditors claiming fraud. If you file for “Chapter 7Bankruptcy,” chances are your case will not be dismissed.

However, if you own a business and have significant assets, you may want to think about a lawyer in filing for “Chapter 13.”

You should be aware that a bankruptcy trustee is appointed to oversee your case and look for any potential problems like fraud or claims of fraud. Any errors on your part could lead to possible civil or criminal charges against you.

Criminal court

If you are arrested for a crime, you have a right to an attorney. If you can’t afford a criminal defense attorney, the court will appoint a Public Defender.

The Public Defender is better than representing yourself. The Defender has legal experience but does not have a great deal of time to spend on your behalf.

Representing yourself in a criminal case can be difficult and can add to your problems. For instance, if you are at an arraignment hearing alone, you could be taken into custody right away with a high bail set.

If you are unaware of legal terminology, you may test the patience of the judge.

Since a judge prefers legal representation, without it, you will not get priority treatment for hearings. You may be put at the “end of the line” and have to wait all day. If you don’t have the police report, the delay could be longer.

You must ask for permission to represent yourself, and the judge may ask you some questions to show you know what you are getting into and understand the nature of the court process.

The judge may also appoint a standby attorney to step in and help when needed.

You will have to make sure you do whatever research is needed and you follow appropriate protocols. It is much safer for you to have your own private criminal attorney working full-time to build your case.

How should you act in court?

Whether representing yourself or working with an attorney, there are things you should be aware of to give you a better chance for a positive outcome.

Preparation for a court appearance starts with your own appearance. How you dress can have an effect on how you are perceived.

You should practice what you are going to say. If you have a testimony to give, you should practice that as well as prepare for any questions you may be asked.

Be mindful of what you are allowed to carry in your pockets or purse. There are some prohibited items. An attorney could advise you on matters like these.

You should bring evidentiary documents you need as originals, not photocopies because they could be altered and challenged.

There are so many things to be cognizant of in a criminal case. You should take notes on testimony and be aware of what the other side is saying, and be ready to challenge or rebut anything controversial.

Knowing legal terms, how to address the judge, what are acceptable responses to questions, how to dress, where to sit, what documents are needed, what witnesses should be called, and a lot more – all these need to be considered to help you win your case.

Having an attorney makes it so much easier. The best way to find that attorney is through a qualified and certified Attorney Referral Service (ARS).

The ARS will listen to your problem and advise you on whether it is a good idea to represent yourself, and if so, how you might want to get some legal advice on how to proceed.

The ARS can also recommend an attorney who can work as an advisor or standby counsel who can support you as needed. This allows you to do much of the work involved in building your case but gives you the safety of having that legal backup that is so important.

How do you get started with a lawyer?

If you do choose to work with a lawyer, how do you proceed? First of all, contact an attorney early to take advantage of any free or low-cost advice and to give the attorney time to get started on your case.

It may not be possible for the lawyer to give you all the services you want within the budget you have. But many lawyers offer unbundled services or sliding-scale fees. Or they can refer you to other lawyers who can work within your budget.

Yes, you can represent yourself. But the best way to minimize your risk is with legal counsel to get you started and to stand by you when needed.

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General Legal Information Immigration Law

Street Vendors Legal in L.A.: 5 Things to Know

Update: Is Street Vending Legal In Los Angeles?

After facing an uphill battle for years to run their businesses, street vendors will soon be allowed to operate on the sidewalks of Los Angeles.

The L.A. City Council voted in February to decriminalize street vendors, though there are still a few i’s to dot and t’s to cross. It’s estimated that nearly 10,000 street vendors operate on Los Angeles sidewalks, although it’s a misdemeanor offense under Los Angeles Municipal Code 42.00(b).

Now that street vending is legal, what does it mean for the city of Los Angeles? Here are five things to know.

1. Regulations are still being developed on street vending.

Just because it’s now allowed doesn’t mean that everything’s final. The City Council also voted to approve a series of proposed concepts on how to regulate street vending, as a compromise from an initial position of a blanket set of rules for every vendor in the city. A majority of business and property owners would be able to petition to have street vending blocked from certain areas. An additional provision would require vendors to have majority support of businesses in the area before setting up shop.

What does this mean for street vendors? While the ordinance to decriminalize their work was a huge victory, they will need to continue to work with the community and government agencies on approving their particular business in the location they want to sell in.

The City Attorney’s Office and city staff are working on developing a detailed ordinance that should return to the City Council for approval by summer 2017.

2. You may not see any street vendors in your area.

As mentioned above, street vendors will be at the mercy of other local businesses before they are allowed to operate in their vicinity. Additionally, proposals to the City Council would require the city to set permit fees at a high enough level that it can cover the cost of enforcing the regulations (aka, pay for police work).

Business owners in a particular area, or the cost of the fees themselves, could be a potential barrier to street vendors. Many lack the capital to set up a brick and mortar, so it’s unclear how the permit process will affect some vendors. Businesses that had opposed earlier legislation proposals, however, are happy they have a say in determining what types of businesses and how many operate on sidewalks outside their front doors.

A Community Impact Statement by the Encino Neighborhood Council, for example, suggests a maximum of four vendors per mile, limited to commercial streets, parks, and transit hubs. Vending also shouldn’t be allowed within 500 feet of schools or on strictly residential streets, the organization says.

3. Vendors selling now can still be cited.

Because the rules around street vending are still being determined, vendors can still be cited and fined for violating the municipal code, but wouldn’t face criminal convictions. This is a heated issue, as immigrant advocates have argued that street vendors shouldn’t face criminal charges that could place them at risk of being deported. A few L.A. City Council members brought up the decriminalization of street vendors in January, fearing a national crackdown of immigrants after President Trump took office.

A first-offense citation of street vending is a $250 fee, a second offense is $500, and further offenses rack up $1,000 each. According to the city attorney’s office, about 22 people were convicted or pled guilty to a misdemeanor for engaging in illegal street vending in the last year; 13 cases are still pending, and there are additional cases where the defendant failed to appear in court. The fates of those vendors could still be up in the air.

Street vendors previously could also get jail time for offenses. The amended ordinance, however, makes the violation only punishable by a citation, per the reason of police needing to devote their resources to more serious crimes.

4. Food trucks are not the same as street vendors.

Because street vending hasn’t been legal, it hasn’t been regulated. Food trucks and carts, while seen as on a similar level to street vendors by some, are regulated as a Mobile Food Facility by the LA County Health Department. The health department’s Vehicle Inspection Program conducts annual certification inspections, routine graded inspections, and complaint inspections, while Mobile Food Facility operators must provide updates to their route and location or risk losing their public health permit.

Mobile Food Facilities include some smaller operations, such as hot dog carts, coffee carts, and churro carts.

The East LA Community Corporation, which advocates for street vendors, hopes to develop a nonprofit infrastructure to support these entrepreneurs, along with creating spaces for vendors to work legitimately at farmers markets or within the Boyle Heights New Community Plan Update.

5. Consumers expect food sold on L.A. sidewalks to be safe.

Street vendors don’t just sell food, but also goods. It’s important to know that if you buy something from a street vendor, what you’re going to eat or take home is safe.

Selling food on a sidewalk in L.A. was still illegal before the amended ordinance, after all, despite many vendors complying with LA County Health Department’s food preparation standards. Some consumers continue to be concerned with safety.

According to a Community Impact Statement submitted by Empowerment Congress Southwest Area Neighborhood Council, a survey of the 8th District found that the majority of constituents did not want street vending and were not in favor of vendor district designations. Ninety-five percent of respondents were concerned with regulation, enforcement, health, and safety of the general public. Many also felt that street vending would be a community eyesore, contributing to traffic and litter problems.

Are you a street vendor facing misdemeanor charges? We may be able to help

If you are a street vendor who has faced misdemeanor charges and you also are an immigrant, the San Fernando Valley Bar Attorney Referral Service can help you find an attorney to handle your immigration case. Immigration law deals with everything from deportation proceedings to obtaining citizenship or work authorization, obtaining a green card, applying for asylum, and more.

Immigration law is complicated. You have rights, and a safe way to speak to an attorney. Contact us today for a free case evaluation.

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Criminal Defense General Legal Information

California Law on Embezzlement: What You Need to Know

Imagine an investment opportunity is presented to you and it seems too good to pass up. You plunk forward a decent amount of money, hoping to get a solid return, when the deal goes south. The investment was never real in the first place.

That’s exactly what happened in San Fernando Valley when a former board member of the Beverly Hills Chamber of Commerce conned a North Carolina man out of millions of dollars in a scam that purportedly involved high-yield bonds. The man served eight years in prison for stealing $8.7 million from the victim, and January 2017, was sentenced to to another six months for violating the terms of his probation by appearing to travel to partake in another scheme to defraud.

In California, embezzlement is considered a “white collar crime” — non-violent and involving financial gain — in which property is fraudulently appropriated by someone to whom it has been entrusted. It’s covered under California Penal Code 503, among other laws, and may be either a felony or misdemeanor, depending on how much money was embezzled.

What is Theft by Embezzlement?

Theft by embezzlement is one of the various types of crimes covered by California Penal Code 487. Generally, any property valued at more than $950 is a grand theft.

Embezzlement typically occurs in employment and corporate settings. Some embezzlers steal all the money intended at once, while others steal a small amount over time.

Common embezzlement schemes are:

Certain elements are necessary in order for the crime to be considered theft by embezzlement. Those found guilty of embezzlement may face several charges, each with a penalty of up to three years in prison. Following prison time, a convicted embezzler may expect a period of court supervision. This is to ensure that the offender does not repeat the same or similar crimes.

Repeat Offenders are Common

Repeat offenders are actually common in investment scams. After the offender completes his prison time, he may try to take his scheme to another location where he may go undetected.

Embezzlement often involves the commission of several crimes. In the case of the San Fernando Valley man, the criminal activity involved embezzlement through high-yield bonds. Because he embezzled money from an out-of-state victim, he was found guilty of interstate transportation of stolen property as well as money laundering. The embezzler reportedly offered a $10 million investment opportunity to the victim, but that money ended up being used for personal expenses for the embezzler and his girlfriend, including the purchase of two lavish homes and five high-end automobiles.

The offender in this case was ordered to spend more than eight years in prison, which was to be followed by a three-year probation period. But he violated the terms of his probation when he traveled to the Ivory Coast without permission. The man was found to be taking the trip to engage in further embezzlement activities, violating the terms of his parole almost immediately after his release from prison. He was prosecuted for a probation violation and sentenced to an additional six months.

How to Prevent Becoming a Victim

The U.S. Securities and Exchange Commission offers some advice on how to identify the warning signs of a Ponzi scheme and avoid becoming a victim. There’s also good information available through the SEC on pyramid schemes, which are a type of investment that’s actual a multi-level marketing program typically revolving around making easy money online or from your home.

To defend yourself from a Ponzi scheme, make sure to ask these questions before investing a large amount of money:

  • Is this a high investment return with little or no risk? Beware of any “guaranteed” investment opportunity.
  • Are there overly consistent returns? Regular, positive returns are suspicious, as overall market conditions change investment values over time.
  • Does this involve unregistered investments and/or unlicensed sellers? Make sure the investment is registered with the SEC or state regulators, as well as the professional or their firm.
  • Are the strategies easy to understand and accessible? Anything that’s too complex or secretive is a bad sign. You should also be able to review information about an investment in writing.
  • Have you not received a payment? Seems like a no-brainer, but Ponzi scheme promoters often encourage investors to roll over their investments to get a higher return.

Penalties for Embezzlement

An offender who commits embezzlement may be breaking various laws. For example, in addition to embezzlement and grand theft charges, the offender may commit other crimes such as money laundering and transportation of stolen property. The offender may accumulate many counts which, if found guilty, could result in a lengthy prison sentence.

Additionally, the guilty offender may be required to repay money that was stolen, and will need to be supervised after being released from prison.

If you’ve been accused of embezzlement, you have the right to be presumed innocent under the United States Constitution. You also have the right to be heard through an attorney during court proceedings. A skilled and experienced criminal defense lawyer obtained through the San Fernando Valley Bar Association’s Attorney Referral Service may be able to help.

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Criminal Defense General Legal Information

What Does It Mean To Expunge My Records?

Having a criminal conviction on your record can make life tough – that conviction can affect your ability to get a job or a loan, for example. The law recognizes that we all make mistakes, and you may be able to “expunge,” or clear, that conviction from your records. What does that mean, and how can you do it?

What Does Expungement Do?

There are different expungement processes and rules at the state and federal level. Here, we’ll talk about why and how to expunge your record under California law.

When you expunge your record in California, your conviction is technically dismissed. But that doesn’t mean it undoes the conviction. One of the biggest benefits is that you will generally no longer have to disclose your conviction when you’re applying for a private sector job. When you apply for a government job or license and they ask if you’ve been convicted of a crime, you’ll still need to say yes. However, you’ll also mark it as “conviction dismissed.” The government must then treat your application as if you’d never been convicted.

You will still have to deal with some of the consequences of your conviction. You won’t be allowed to own firearms unless/until you would otherwise be able to. Your driving privileges may still be restricted and a dismissed conviction can still be used to increase your punishment if you’re convicted of another crime. If you were ineligible to hold public office due to your conviction, you will still be ineligible to hold office.

Finally, an expungement will not wipe out a requirement that you register as a sex offender. You will need to ask the court separately to let you out of that requirement.

Do I Qualify For Dismissal?

You can qualify for dismissal under two main circumstances:

  • You got probation, completed all the terms, and are no longer on probation (Cal. Penal Code § 1203.4)
  • Your criminal was reduced to an infraction

You’re not eligible for expungement if you’re currently charged with or serving a penalty for another crime. You’re also ineligible if you served time in a California state prison. Finally, it’s not possible to expunge some sex crimes, especially if they involve minors.

Applying for Expungement

The expungement process is much easier with the help of an experienced attorney. The court will want to look at the specifics of your case, your history since the conviction, and the specifics of the law surrounding your case. As part of the expungement process, your attorney may also be able to reduce your felony to a misdemeanor on your record. You may be able to handle the process on your own, but the law can be complicated and you may not be able to put together a convincing case for expungement.

Expungement vs. Sealing Your Records

Many people are confused about the difference between expunging and sealing your records. Expungement simply means that your conviction is dismissed and you don’t have to disclose it to most employers or other interested parties. Sealing your records, however, actually wipes them out. Going forward, you will be able to state that you have never been arrested for a crime.

However, you only qualify to have your records sealed if the prosecutor never filed charges, if your case was dismissed, or if you were acquitted in a jury trial. In those instances, it’s technically true that you were never arrested for a crime because you were innocent.

We Can Help

If you’re interested in clearing your criminal record – and making it a whole lot easier to get a job – we can connect you with an experienced local attorney. Your attorney will help you determine whether you’re eligible for expungement and whether you have other options. They will also guide you through the expungement process.

 

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General Legal Information

Breach of Contract: What To Do When Someone Breaks A Contract

A contract is a legally binding document where two or more parties agree to perform (or avoid performing) certain actions. They’re a crucial tool for business deals and other types of transactions, since the courts can enforce the contract if one party doesn’t hold up their end of the deal. That’s called a “breach of contract.” So what does a breach of contract mean for you, and what can you do about it?

Contract Law Basics

There are a few elements that must be present for a contract to be legally enforceable:

  • Legal Purpose: The purpose of the contract must be legal – a contract where one party agrees to commit murder is not enforceable
  • Offer and Acceptance: There must be a clear offer and acceptance. That means one party must clearly offer to create a contract and the other party or parties must clearly accept. A vague promise isn’t enough.
  • Meeting of the Minds: In order for a contract to be enforceable, both parties have to intend for it to be a contract. That means they intend for the contract to be legally binding and they agree on the terms.
  • Consideration: A contract is only enforceable if there is consideration from both sides, which is basically another word for payment. However, consideration doesn’t have to come in the form of cash. For example, one side could offer 1,000 pounds of widgets in exchange for 1,000 gallons of milk. Action can also be consideration; one side could provide 100 haircuts in exchange for $1,000.
  • Parties Capable of Contracting: Some people are legally unable to enter into a contract. In general, the law assumes that minors and people with serious mental illness can’t fully understand the implications of signing a contract. The courts will look at that contract and may decide not to enforce it if they feel the one or both parties didn’t understand what they were getting into.
  • No Unconscionability: No contract is perfectly equal – everyone is entering a deal because they feel they’re getting something out of it! But some contracts are so unequal that they’re considered “unconscionable.” That can happen when one party has a lot more bargaining power than the other. For example, a prenuptial agreement between an extremely wealthy spouse and a spouse that isn’t a US citizen may be found unconscionable since the wealthy spouse has so much power over the terms of the agreement.

In general, a contact can be oral or written as long as those requirements are met. There are certain exceptions – California law requires that there must be written evidence of certain kinds of contracts in order to enforce them. Note that the contract itself doesn’t necessarily have to be written, but there needs to be a memorandum or similar written record that shows that both parties intended to create a contract. Types of contracts that require written evidence in California include:

  • contracts that will last longer than a year
  • contracts that will last longer than one party’s lifetime
  • contracts for the sale of real property
  • contracts for the sale of goods worth more than $500

Cal. Civ. Code § 1624.

While it’s possible to have an enforceable oral contract, it’s always better to write things down. When it comes down to enforcing that contract, you don’t want to get stuck playing the he-said-she-said game.

Dealing With Breaches of Contract

So now we know what it takes to create a contract – what does it mean to breach one? This one is pretty self-explanatory. A breach happens whenever one party fails to perform their side of the contract. Of course, there are varying degrees of breach. Imagine a contract where you agree to buy 1,000 widgets for $1,000. You pay the money but they never send the widgets; that’s a clear breach of contract. If they deliver the widgets a few hours later than you originally agreed, that’s a much less significant issue.

The level of severity will determine what you decide to do in case of a breach of contract. For a minor issue like missing a deadline by a few hours, it may not be worth your time to do anything at all. For something serious (like completely failing to deliver your order), you may want to take more serious measures. That typically means calling your lawyer, although in some cases it may make more sense for you to approach the other party personally rather than go straight to the attorneys.

Your attorney can work with you to draft a demand letter, where you explain what happened, what it cost you, and what you want from the other party. That will generally open negotiations headed toward a settlement. You may go through mediation or arbitration to attempt to keep the matter out of court, which is expensive and time-consuming. If necessary, you can take the breach all the way to trial.

What Do I Get for Breach of Contract?

So when you make a claim for breach of contract, what are you actually asking for? There are a number of different options. Most commonly, it’s monetary damages. That number will include the harm that you suffered as a result of the breach. For example, you may have lost out on selling 100 widgets because your delivery was late – the other party will have to pay to cover those losses.

You may also ask for restitution, which means getting back money or property that you gave to the other party as part of the contract. If you were induced to enter a contract by fraud, force, or mistake, you may ask for rescission. That means the court completely voids the entire contract. You could also ask for reformation, where the court voids part of a contract to avoid inequality.

In very rare cases, you may ask for “specific performance.” Essentially, that’s where the court forces the other party to carry out their end of the bargain. However, it’s extremely uncommon – almost every case will be an issue of monetary damages or restitution.

We Can Help

If you’re dealing with a breach of contract, we may be able to help connect you with an experienced contract attorney that can help you understand your legal rights and options.

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General Legal Information

California Car Seat Law

Every time we get in a car, we know we’re taking a risk – accidents happen. And we know the importance of buckling up for safety. In fact, California law requires that all passengers in a car wear a seat belt at all times. Of course, seat belts aren’t the best safety solution for the smallest of us. Infants and small children need car seats or booster seats rather than just seat belts. And as with adult seat belts, California law has specific rules covering the use of car seats.

California Car Seat Law Basics

In California, children under the age of 8 must ride in a car seat or booster seat in the back – they can’t be in the front seat and they can’t use a regular seat belt. As of January 1, 2017, there’s an additional rule: children under 2 must be in a rear-facing car seat. If the child weighs more than 40 pounds or is more than 40 inches in height, a forward-facing car seat or booster seat is allowed.

Why Are the Rules Different for Children?

Like all seat belt laws, California car seat laws are a matter of safety. The issue is that regular seat belts are designed to fit adult bodies; children that are too small actually run the risk of serious injury to the neck if they’re involved in a wreck and are wearing a regular seat belt. For one, the shoulder strap of the seat belt is just too high up and can pull on your child’s neck. For two, infants and small children have weaker neck and back muscles than adults (and comparatively larger heads) and they need more support to protect them in case of a crash. That’s why car seats have serious neck support and use a multi-point harness rather than the standard one-point seat belt that adults use.

Keeping Your Children Safe in the Car

The reason we use car seats and booster seats isn’t just because the law requires it; it’s because that’s the best way to keep our children safe on the road. And simply having a car seat isn’t enough. Car seats aren’t going to help protect your little one unless you’re using it correctly – and that’s harder than you think. Experts say that 85% of us aren’t properly securing our children in the car.

So what does it take to safely secure a child?

The first step is to find the right car seat. Children up to 2 years old need a rear-facing car seat; that’s the safest configuration for your little one’s head and neck in case of a crash. As children grow, the rear-facing car seat won’t offer enough room. Your car seat will have a height and weight limit, so it’s time to upgrade to a larger or front-facing seat when your child meets that limit. You can legally switch to a front-facing car seat at 2 years old, but it’s safer to use the rear-facing car seat for as long as your little fits comfortably. You can find car seats that are exclusively rear-facing as well as seats that convert from rear-facing to forward-facing.

For a child that has outgrown the height and weight limits of a forward-facing car seat, it’s time to move on to a booster seat. Where a car seat cradles the baby to protect the head and neck, a booster seat just puts your child in a position where the regular seat belt fits properly. You can legally stop using the booster seat once your little one hits 8 years old, but it’s always safer to stick with the booster seat until your child outgrows it and is big enough that the seat belt fits properly without it.

Whether you’re buying a car seat or a booster seat, make sure to check out reviews online to get a sense of how safe they are and how easy they are to install.

Once you’ve chosen the right car seat, the next step is to properly secure it. This is the part that trips people up the most – it’s surprisingly hard to do it right. In cars made before 2002, you’ll need to secure the car seat using the seat belt. Pull it as tight as you possibly can; you shouldn’t be able to move the seat more than an inch in either direction. Cars made after 2002 have LATCH (lower anchors and tethers for children) systems designed specifically for car seats. Make sure you use the system as intended (including the upper tethers) to make sure the car seat doesn’t move in case of a crash.

Whether your car has LATCH or not, the car seat should be tightly fastened to the car. In addition, the seat belt or tethers should be completely flat; twisting them can mean your child gets thrown around more in a crash. Before you buy a car seat, go to the store and test it out – make sure it fits properly in your car and that you can secure it tightly.

In general, it’s safest to put the car seat in the middle. However, it’s generally considered better to put the car seat on the side if your car has a LATCH system on the side but not in the center.

Moving to the Front Seat

There’s a reason safety experts recommend keeping your kids in the back seat: airbags. It’s a similar concern to seat belts. As adults, air bags protect our faces and necks. Children are too short and an airbag can actually cause more harm than good. That means your child should sit in the back seat until they’re at least tall enough to properly fit an adult seat belt – usually around 4’9″ or 4’10”.

You should never put a car seat in the front seat – the air bag can knock the car seat out of position and hurt your child.

Stay Safe on the Roads!

California is notorious for its traffic and there are plenty of accidents every day. Using a car seat correctly will keep you in line with the law but more importantly, it’s a really important part of keeping your child safe on the roads.

 

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General Legal Information

Revenge Photos And The Law: What Are Your Rights?

The internet is a wonderful thing – we have instant access to all the information we want we can communicate across the globe in moments. The world is more connected than it has ever been before. We can share photos of our birthday parties, our food, and the funny things our cats do. But of course, there’s a dark side as well. With a camera phone in every pocket, sometimes we end up with photos that are compromising – and sometimes people choose to use them against us. What are our rights when it comes to revenge photos?

What Are Revenge Photos?

Essentially, they’re just what they sound like – compromising pictures designed to hurt someone or damage their reputation. Most commonly, that comes in the form of “revenge porn,” or pictures of people while they’re undressed or engaged in sexual acts. In some cases, revenge photos may involve pictures of people who are very intoxicated or in some other compromising position. In any event, revenge photos are shared on the internet in order to cause distress or damage a person’s reputation, which can affect their status as a student, their employment or employment prospects, their reputation, and their personal relationships.

California’s Law On Revenge Photos

In 2013, Senate Bill 255 went into effect in California, marking the state’s first attempt to crack down on revenge photos. Specifically, this bill focuses on revenge porn – it doesn’t cover photos of people who are drunk or otherwise compromised.

It was already illegal to use a concealed camera or camcorder to take identifiable photos of people in a state of undress in a place where there is a reasonable expectation of privacy – a locker room, bedroom, or changing room, for example. Note that this original law does not apply if the person being photographed gives consent, if the person is not identifiable in the photo, or if the photo was taken in a public place. Breaking this law is considered “disorderly conduct,” which is a misdemeanor. A first violation comes with a fine of up to $1,000 and/or up to 6 months in jail. Second and subsequent violations comes with a fine of up to $2,000 and/or up to a year in jail.

The new law expands the scope of this type of disorderly conduct, making it illegal to disseminate photos of “the intimate body parts” of another person even if the photos were taken with their consent, as long as the people involved agree or understand that the photos are private. The law only applies where the photos were disseminated with the intention of causing emotional distress and do actually cause that emotional distress. Cal. Pen. Code § 647(j)(4)(A).

The original version of SB 255 did not include selfies, which make up as much as 80% of revenge porn, according to the Cyber Civil Rights Institute. In 2014, Senate Bill 1255 amended the law to include any distribution of photographs of someone’s intimate body parts, regardless of who took the photo. That means selfies are now covered.

Note that this law does not mention photos of people in other compromising positions, only photos of people’s intimate body parts.

If the photos or videos involved depict a minor, the person distributing those photos may face additional charges for distributing child pornography.

Dealing With Revenge Photos

While the law against revenge photos is an important protection for victims (and hopefully a deterrent), it unfortunately can’t make the original photos go away. Whether they’re shared on social media or on sites specifically dedicated to revenge porn, photos can quickly spread across the internet and can be very hard to remove.

Under federal law, websites are generally protected from liability arising from a third party (the person posting the revenge porn) posting to the site. 47 U.S.C. § 230(c). There are some potential ways around this protection, but the whole area of law is still unsettled and you’ll need to speak to an attorney about the specific facts of your case. If the picture or video is a selfie, you may be able to argue that you hold the copyright (since you took the photo or video) and get a court order to force websites to take it down. However, there’s not a lot you can do to track where the photo or video has ended up, so you may not be able to erase it completely.

If you’re the victim of revenge porn, experts recommend using SEO to “bury” it – put enough other information online about yourself that the photo or video gets pushed way down in the rankings on search engines. That way, anyone that looks you up won’t see that content unless they go through many pages of search results. You could start increasing your activity on social media (and make sure that it uses your real name), start a YouTube channel, or write a blog. You should purchase your own domain name (firstname.lastname.com or firstnamelastname.com) so that no one can use that domain to make the photo or video seem legitimate. You can also reach out to sites that have posted the photo or video and ask them to take it down.

You may want to hire a professional SEO firm to bury the content for you; it may take some technical skills.

What To Do If Someone Posts Revenge Photos Of You

If someone posts revenge porn of you, the first step is to document it. Take screenshots of the posts or save the web pages as PDFs. If there’s video, download it and save it along with a screenshot of where it came from. Then you should speak to an attorney as soon as possible. They’ll help you draft the necessary letters to the websites and search engines to make sure they preserve the evidence. In addition to the criminal penalties, you may be able to seek compensation for the damage the revenge photos have done – maybe it affected your job, for example, so you lost wages.

If you’re a victim of revenge photos, we can match you with an experienced attorney who can help you defend your rights and manage the consequences of the photos or videos.

 

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California Gun Laws: What You Need To Know

 

Gun laws are a hot topic around the nation, and California is no exception. While the Second Amendment is often believed to be a straightforward rule allowing citizens to own guns, the reality is much more complicated. Federal, state, and local laws all put limits on the types of guns you can own and where and how you can use them, and the penalties for breaking those rules can be severe. California gun laws are among the more restrictive in the country – there are hundreds of different code sections within the California statutes that govern ownership and use of a gun.

If you own or are considering acquiring a gun in California, here’s what you need to know.

 

Gun Purchase And Ownership

California gun laws restrict who can buy a gun, and how. First, you must be at least 18 years old to purchase a rifle or a shotgun. For a handgun, you must be at least 21. In either case, you must have a Firearm Safety Certificate and complete a safety demonstration with your new gun. Cal. Pen. Code, § § 26800-26850. You’ll need to present valid ID – either a current California driver’s license or identification card issued by the DMV. If you’re not a citizen, you can bring documentation of your Alien Registration Number. In addition, there is a ten-day waiting period after your purchase during which the state will run a background check (note that this rule is currently being appealed in federal court). Finally, all guns must generally be purchased through a California licensed dealer using the Dealer’s Record of Sale (DROS) system, which records your ownership and identity.

New Residents

If you have purchased a gun in another state and are moving to California, you have 60 days to either:

  • submit a New Resident Report Of Firearm Ownership and a $19 fee to the California DOJ Bureau of Firearms
  • sell or transfer the gun to or through a licensed California firearms dealer
  • sell or transfer the gun to your local California police department (you should contact them first for detailed instructions)

If you move to California and do not register or sell your firearm, you face at least a misdemeanor charge with fines and up to 1 year in county jail. If you have prior convictions or if you’re prohibited by California law from owning a firearm, you may face 2-4 years in jail. Cal. Pen. Code § 12072(g).

Under California gun laws, certain people are prohibited from ever owning a firearm. These include:

  • Anyone whose probation terms prohibit ownership
  • Any individual convicted of a violent crime or felony
  • Anyone subject to a permanent or temporary restraining order
  • Anyone who has been afflicted with mental illness who has been found by the court to be a danger to themselves or others
  • Any individual convicted of misdemeanors outlined under Penal Code section 29805
  • Anyone illegally residing in the U.S.
  • Individuals addicted to using narcotics
  • Any person who was taken into custody under sections of the Welfare and Institutions Code
  • Anyone who has been dishonorably discharged by the military
  • Anyone determined to be a sex offender with a mental disorder

In order to determine who is disqualified from being able to own a weapon, California uses the Armed Prohibited Persons System. Officers are allowed to confiscate weapons if the individual appears in the database to have purchased a weapon in the past.

Banned Firearms

There are certain types of guns and related equipment that cannot be bought or sold in California, regardless of whether you meet the general requirements. These include:

  • Large capacity magazines (those that hold more than 10 rounds of ammunition)
  • .50 Browning Machine Gun caliber rifles
  • Assault weapons
  • All automatic weapons
  • Rifles with barrels of less than 16”
  • Short-barreled shotguns

Transporting Or Carrying a Firearm

California gun laws are unusually strict as far as transporting and carrying firearms. In general, it is illegal to open carry a “handgun” in any public place and in any incorporated city or county, or in prohibited areas (like schools, airports, and government buildings). You can openly carry firearms in private parts of unincorporated areas. In this case, a “handgun” doesn’t just refer to pistols – it means any gun with a barrel shorter than 16″ or that could be concealed somewhere on your person.  Cal. Pen. Code § 26350. These rules apply even to unloaded weapons.

You are allowed to transport an unloaded firearm in a locked and secured container to or from your vehicle. You can also transport an unloaded firearm in your vehicle as long as it’s unloaded and in either a locked and secured container or in your trunk.  Cal. Pen. Code § 25610. Remember that a glove compartment does not qualify.

Long guns may not fall under this restriction, but certain counties and cities may have separate sets of restrictions on the open carrying of long guns so you’ll need to check with local law enforcement to learn the laws in your area.

Loaded Vs. Unloaded Guns And Other Factors

Carrying an unloaded gun and carrying a loaded gun in public are separate offenses under California gun laws. In general, both crimes are misdemeanors unless there are aggravating factors, such as:

  • the person carrying the gun is prohibited from having a firearm under California gun laws
  • the gun was stolen
  • the gun is unregistered
  • the person carrying the gun is a member of an active street gang

If there are aggravating factors, possession of a gun (either loaded or unloaded) in public may be a felony offense involving jail time.

California Concealed Carry Laws

In California, concealing a gun on your person or in a vehicle that’s under your control or direction is illegal. It’s also illegal to cause another person to conceal a gun in a vehicle that you’re riding in. Carrying a concealed weapon may be charged as a misdemeanor with fines and up to a year of jail time, but it may also be charged as a felony if there are any of the aggravating factors listed above. Cal. Pen. Code § 25400.

Under certain circumstances, you may be able to obtain a Concealed Carry Weapon (CCW) license. You’ll need to apply with your local sheriff’s or police department. In order to get the license, you’ll need to prove that:

  • you’re “of good moral character”
  • you have good cause for wanting a CCW license
  • you’re a resident or work in that city or county and have done so for a substantial amount of time
  • you’ve completed a state-approved training course on firearm safety and firearm laws.

Cal. Pen Code § 26150(a).

The most difficult part of that process is generally proving that you have good cause for wanting a CCW license; fearing for your personal safety generally does not qualify.

Exceptions

Note that the California gun laws provide for exceptions for certain individuals and uses, including on- and off-duty law enforcement and military personnel. These exceptions may apply to the types of firearms you can purchase or possess as well as where and how you can carry them.

 

 

Facing Charges Under California Gun Laws

California takes gun crime seriously and you may end up facing jail time, or at least fines, for even relatively minor infractions. There are some defenses, but you’ll need to work with an experienced local attorney to make sure that your rights were respected through the search and arrest process and that you use all available defense to avoid conviction. Remember that you always have the right to an attorney and you cannot be forced to incriminate yourself to the police.

If you’re facing charges under California gun laws, we can help you find an attorney to protect your rights.

 

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How to File A Claim In Small Claims Court In California

You can take just about any dispute involving $10,000 or less to small claims court in California.

158,347 small claims were filed in California last year (2017 Court Statistics Report)

If you find yourself chasing a security deposit or payment for $10,000 or less, you can file a small claims suit to resolve the issue.

In small claims court, there are no attorneys, juries, or special courtroom procedures. In most cases, the only people involved are the plaintiff, the defendant, and the judge.

Today, we’re taking a closer look at how to file a claim in small claims court in California.

Let’s get started …

How to File A Claim In Small Claims Court In California

To file a claim in small claims court, visit your county clerk’s office and let them know you would like to file a small claim. The clerk’s office will provide you with the paperwork needed to start the process. This paperwork will ask for some basic information, including your name (the plaintiff), the name of the person or business you’re suing (the defendant), and the amount of money you’re seeking.

There are a number of steps you need to follow in order to successfully file a claim in small claims court, so please take a look at the following carefully.

If you’re not comfortable with this process, you may want to find an attorney to help.

Step 1. Check The Statute Of Limitations

First, you’ll need to make sure you’re within the “statute of limitations” – the amount of time you have to file a claim. If you’re suing because of an injury or a broken oral agreement, you have 2 years from the date of the injury or the date the agreement was broken. If you’re suing for property damage or fraud, you have 3 years to file. If you’re suing for a written agreement, you have 4 years.

Step 2. Name The Defendant

If you’re within that time period, you can move forward with your legal claim. You’ll need to find the right way to name the defendant, which can be harder than it sounds. You have to have the exact name of the person or company you’re suing and you also have to make sure they’re the right defendant. If you’re suing because someone sold you a bad product, for example, should you sue the person that sold it or the person that made it in the first place? Remember that you can also sue more than one party at the same time, as long as it’s for the same claim.

Step 3. Try To Resolve The Dispute Out Of Court

Next, you’ll need to track down that defendant and simply ask for the money – you have to try this out-of-court option before you can go to the California Small Claims Court. In many cases, that’s all it takes and you won’t have to go to court at all.

Step 4. Find The Right Court

If asking for money doesn’t work, you’ll need to move forward with filing – that means finding the right Small Claims Court. You can’t simply file at the one that’s most convenient for you; there are rules about where you have to file. If you’re suing over a car crash, for example, you can sue either in the county where the crash happened or in the county where the defendant lives. In most cases, you can file where the defendant lives or, for commercial disputes, where the contract or sale was made. California maintains a list of the the appropriate place to file based on your claim.

Step 5. Do The Paperwork

You’ll have to file several forms in order to get your claim into court. First, there’s the Plaintiff’s Claim form, which explains who you are, who the defendant is, how much money you’re claiming, and why. If that form doesn’t give you enough room to describe the situation, you can use this one for extra space. And if there are multiple plaintiffs or defendants, you’ll need to use this form to list the other parties. If the plaintiff is a business, it may need to file this form if it’s doing business (“dba”) under another name. Your local court may also require certain other forms, so you’ll need to check their website or contact them to find out what other paperwork is necessary.

Now that you have your paperwork ready, you can take it to the appropriate court and file it with the clerk. You’ll need to pay a filing fee based on the amount of your claim:

  • $30 if you’re claiming $1,500 or less
  • $50 if you’re claiming $1,500 – $5,000
  • $75 if you’re claiming more than $5,000

If you’ve filed more than 12 cases in the past year with the Small Claims Court, the filing fee will be $100 for the 13th and subsequent claims. If you can’t pay the fee, you can ask the court for a fee waiver.

You’ll be assigned a court date once you file your paperwork; it will usually be within 20-70 days after you file.

Step 6. Serve The Defendant

You have to let the defendant know you’re suing them and on what grounds – you have to give them a copy of every document you’ve filed with the court. That’s called “service of process.” If you don’t properly serve the defendant, your case may be dismissed. The process server can’t be involved in the case – you can’t do it yourself. It has to be someone over the age of 18 with no relation to your claim. So, it could be a friend or family member. Your local sheriff can also serve process, as can an official process server, but you’ll have to pay a fee. There are three types of service:

In Person Service
Service can happen in person – the process server simply needs to hand the papers to the defendant and let them know that they’re court papers. Then the server must fill out this form and you’ll need to sign it and file it with the court.

Personal service has to happen at least 15 days before the court date, or 20 days if the defendant is outside of the county.

Substituted Service
If they won’t take them, the server can simply leave it near them. If the server can’t find the person, they can use “substituted service” and deliver the documents to:

  • a person over the age of 18 that lives with the defendant
  • a person over the age of 18 who is in charge where the defendant is employed, OR
  • a person over the age of 18 who is in charge where the defendant receives mail

The process server will need to fill out this form and you’ll need to sign it and file it with the court. In addition, the server must mail a copy (by first class mail) of all of the court filings to the defendant at the same address where he or she served the papers originally and fill out this form. You’ll need to file that form with the court as well.

You’ll have to give service of process at least 25 days before the court date if the defendant is in the county in which you’re filing the claim or 30 days before the court date if the defendant is outside the county.

Service By The Court Clerk
For a small fee, the court clerk can mail your documents to the defendant. However, it won’t always do the trick. The person receiving the document (either the defendant or another person that can sign for his or her mail) has to sign for the documents using the defendant’s full name. If someone else signs it or if the signature is not legible, the service won’t count and you’ll have to serve the defendant again by another method.

Step 7. Go To Court

Finally, it’s time to actually go to court. You and the defendant will both have an opportunity to explain your side of the case. You should prepare ahead of time to figure out what you’re going to argue and what evidence you’re going to use. Bring any relevant documents such as contracts, photos, police reports, and anything else that supports your claim. You can also bring in witnesses. Don’t forget to bring a copy of the paperwork you’ve filed with the court and of the service of process.

If the defendant doesn’t show up in court, you win by default. However, if the defendant can show a valid reason (a medical emergency, for example) for missing the court date, he or she may ask the court to vacate the default judgment and set another court date.

Step 8. After The Court Date

If you won, you’re now entitled to money from the defendant. However, you can’t start collecting until 30 days after the hearing (that’s how long the parties have to appeal). The court will provide you with the documents you need to start the collection process.

Start by giving the defendant your address so they have a place to send the money. You may talk to the defendant and agree to different payment terms if you want; you may agree to take a smaller amount of cash up front or to allow the defendant to pay in installments. You should put any agreement like that in writing and make sure you both have copies.

If they don’t do it by the time stipulated in the court order, send them a letter asking for the money and include a copy of that court order. Use certified mail so you have a record that they received it and keep a copy of the letter yourself.

If that still doesn’t get the defendant to pay, you’ll need to bring in a lawyer to talk about more serious options for pursuing payment.

Step 9. The Appeals Process

Only the defendant can file an appeal over a decision in a California Small Claims Court. They must file within 30 days of the hearing. This is considered a new trial, so you’ll be in front of a different judge and you’ll have to make your case again from scratch. Appeals are heard in civil court, so you and the other party can have lawyers with you.

This appeal is final. If the plaintiff wins, the defendant must pay the money (or potentially more, if the judge decides that is fair) and may have to pay up to $300 of the plaintiff’s court fees, attorney fees, and other costs associated with the claim. The plaintiff can also start the collection right away.

If the judge decides that the defendant appealed “in bad faith” – usually as a way to harass the plaintiff – you may have to pay up to $2000 in attorney fees and other costs. Filing in bad faith means you either filed the appeal without any real support for your position, to harass the plaintiff, or to get the plaintiff to give up on the case.

If the defendant wins, he or she doesn’t have to pay anything and the case is over.

 

 

Is Small Claims Court Right For You?

There’s no definite answer to the question of whether this is the best choice for your claim.

Small Claims Court is great for relatively simple cases and for plaintiffs that are comfortable managing the logistics and proof on their own. If you’re in doubt about which is right for you, consider having a free consultation with an attorney to get a better sense of how your case might go and whether you can handle it on your own in a California Small Claims Court.

Conclusion

If you’re unable to resolve a legal matter involving $10,000 or less out of court, filing a claim in small claims court may be your best option.

The process is relatively simple, but you may find it helpful to bring your lawyer in on the case to ensure you follow the steps correctly and successfully file your claim.

If you need help finding an attorney to help, let us know.

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General Legal Information

California Small Claims Court: Is It Right For Your Case?

There are lots of very complicated lawsuits out there. Big corporate suits, for example, can involve tens of thousands of pages of documents, dozens of lawyers, and countless man-hours and may take years to resolve. Fortunately, most of us never face legal problems that complex. We may, however, have to deal with smaller legal issues like property damage, minor injury claims, or broken contracts. For those kinds of problems, it may not make sense to go through the time and expense of the usual civil lawsuit process. That’s why we have the California Small Claims Court. But is it right for your case?

Filing in the California Small Claims Court can be somewhat complicated. You may be able to get help from a small claims advisor in your area to deal with the paperwork, which can make the process easier. If your case is complex, however, it may be tough to manage even with that help. The small claims process is usually faster than a traditional civil lawsuit and costs less money, but only certain cases qualify and appeals are final – you can’t appeal again and go to a higher court. So, small claims may make sense if:

  • you qualify to file in that court
  • your case is relatively simple
  • you’re comfortable handling the paperwork and logistics on your own
  • you’re comfortable explaining your claim in the hearing
  • you’ve tried to come to an agreement out of court but haven’t been able to

If that’s not the case, you’re probably better off finding a local attorney to help you make your claim. Lawyers go through these kinds of cases all the time, so they’re experts at managing the paperwork. They also know the ins and outs of the law and may be able to make better legal arguments to support your case. Essentially, they’ll do all of the legwork and may be able to get a better outcome in a complex case.

If you’re deciding between small claims and hiring an attorney for a civil case, here’s what you need to know:

California Small Claims Court Eligibility

The small claims court is devoted to just that – small, relatively simple legal matters that don’t require all the resources of a larger lawsuit. There are really only three major players in the process – you, the other party to the claim, and the judge. The person that files the lawsuit is called the plaintiff and the other party is the defendant. You can’t bring a lawyer to the proceedings, although you are allowed to consult with one before or after.

The rules in California Small Claims Court are much less formal than those in civil court; you don’t have to deal with the very strict procedures involved in other types of court cases.

Small Claims Court Requirements

Because it’s intended to offer an efficient, streamlined legal process, the California Small Claims Court has certain eligibility requirements. First, individuals that want to sue in this court must be at least 18; emancipated minors are also eligible. Corporations and other entities may also use this court but collections agencies cannot.

Secondly, you can only sue for a certain amount – generally up to $10,000 for individuals and $5,000 for corporations or other entities. You can only file up to 2 claims for more than $2,500 in a calendar year. If you file a third (or subsequent) claim for more than that, you’ll only be able to claim up to $2,500 in damages no matter how much you actually win.

If you’re suing a “guarantor,” the rules are slightly different. A guarantor is a party that takes legal responsibility for another person or entity; it usually comes up in the context of guaranteeing a debt. If you’re suing a guarantor that did not charge a fee for the guarantee, you can only claim up to $2,500. If you’re an individual suing a guarantor that did charge a fee, you can claim up to $6,500. And if you’re an entity (like a corporation) suing a guarantor that charged a fee, you can claim up to $4,000.

If you meet all of these requirements, you have the option to file in this court. Check out our guide to filing a small claim for more details about the process!

 

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