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The Best Interests of the Child Standard (BIC) is not found in only one code section or case; it is a compilation of many different Family Code sections and case law. However, the standard primarily arises out of Family Code 3011, 3020, and 3040. These sections are used by family courts when making and modifying custody orders.

Are You Eligible for a Diversion Program?The starting point of eligibility and suitable for “Diversion,” will depend on the charges you are facing.First-Time Misdemeanor Cases- Prior to CourtMisdemeanor offenses, on a case by case evaluation by the City Attorneys' Office and District Attorney, wi...

Driving while intoxicated (DWI), operating a vehicle under the influence (OVI), or driving under the influence (DUI) are all ways to describe the same thing: intoxicated driving. Intoxication may be the result of alcohol or another chemical substance (e.g., marijuana) or both. To be a crimina...

Probation is one of several penalties – one part of the overall sentence – typically imposed by the courts for a criminal conviction in the state of California. In fact, a full sentence may include probation along with community service, fines, classes, or jail time. A serious traffic violation o...

While showing up to your court date is extremely important, sometimes things happen that make it impossible to make an appearance. If you have missed your court date, do not panic. There are things you can do to rectify the situation and not make things worse for yourself.  First, let us talk ab...

A robbery falls under Penal Code (PC) 211 in California. The basic robbery definition is using force or fear to take property from the immediate possession of someone else against their will. It's a serious and violent felony that counts as a strike under the state's Three Strikes Law, regardless...

What is murder?  California Penal Code § 187(a) defines murder as an act, with malice, that causes the death of another person (or fetus) without a lawful excuse or legal justification.  It is a strike offense under the California “Three Strikes Law” that specifies certain violent or serious felo...

Parties who have filed their petitions with the family court seeking a divorce, grandparent rights, modifications of orders, paternity, or other relief may have to wait months for a hearing. Unfortunately, some matters might be pressing and cannot wait for months to be resolved. In those cases, t...

Certification of Rehabilitation and Pardon For people were were convicted of a felony and did serve time in state prison, there is still hope! Getting a Certificate of Rehabilitation will allow employers to know you successfully completed all the terms relating to your conviction, and are “reha...

When a tenant fails to respond to the unlawful detainer or fails to appear for a mandatory court date, a landlord can request default judgment and a writ of possession.  A tenant then has about a month from the filing of the eviction lawsuit before the sheriff arrives to change the locks to the u...

California law regarding residential security deposits is found at California Civil Code §1950.5.  A summary of applicable law is below. Collecting the Security Deposit Generally, the maximum security deposit is up to two times the monthly rent if the rental unit is unfurnished and up to three ...

The most important benefits of a California criminal record expungement under Penal Code 1203.4 PC include: Assistance with finding a job; Help with obtaining professional licenses; Assistance with joining professional organizations; Preventing the past conviction from being used to impeach...

In the California legal system, a restraining order prevents a specific person from harassing, abusing, stalking, or threatening another person. The party that is protected is known as the “protected person.” The other party (e.g., the abuser) is known as the “restrained person.” Restraining orde...

California domestic violence laws make it a crime to harm, or threaten to harm, an intimate partner. Common charges include Penal Code 243(e)(1) “domestic battery” and Penal Code 273.5, “inflicting corporal injury on an intimate partner.” Consequences of a domestic violence conviction in Calif...

What are my protections at the state level? Senate Bill 91, effective February 1, 2021, states that: Tenants cannot be evicted for ANY rent they were unable to pay starting in March 1st and through August 31st, 2020. However, landlords can take you to small claims court for the owed rent durin...

In California, a felony is a crime that carries a maximum sentence of more than one year in jail or prison. The most serious California felonies can even be punished by death. People convicted of a felony may also be fined up to $10,000 in addition to, or instead of, imprisonment. 1 2 Alternati...

Our Long Beach DUI defense attorneys fight driving under the influence cases all over the South Bay, including Lakewood, Signal Hill, San Pedro, and Rancho Palos Verdes. We enjoy great success in getting our clients' cases dismissed or reduced to significantly lesser charges. And if you wish it, ...