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What Is A Request For Order? When you file for divorce, parentage case, or legal separation, you may also file what is called a Request for Order (RFO). This is a common “law and motion” practice in California family law cases. Disagreements between parties may arise during the di...

You, the tenant, only have 10 court days after the date you received the court papers to respond to the court. To count the 10 court days, start counting with the day after you received the papers. Do not count Saturdays, Sundays, or court holidays.  If you want to defend yourself in the eviction, it is important that you file a response (called an “answer”) on time. If you have not filed a response by the end of the 10 days, the landlord can ask the court for a “default judgment.” This means that the landlord automatically wins the case and gets the rental home back from you. If this happens, you will not get a chance to go in front of the court and tell the court your side of the story.

The first time a defendant is charged with driving under the influence (DUI) in California, the crime is a misdemeanor. There may be aggravating circumstances (if there was an accident involving injury, for example), and jail time is a possibility, but typically the defendant will receive a fine, a license suspension, and probation. The punishments for DUI get progressively more severe, however, if the defendant has a prior DUI on their record. For a second or third DUI, incarceration becomes much more likely. However, with the help of a dedicated and skilled CALIFORNIA DEFENSE LAWYER jail time may not be inevitable.

Drugged driving is becoming an increasingly serious concern in California, especially with the rise of marijuana use and the widespread use of prescription medications. While alcohol-related DUIs remain a focus of law enforcement, drugged driving poses unique challenges in detection and prosecution. Drivers need to be aware of the risks and legal implications of driving under the influence of drugs, and understand the consequences of a drugged driving charge.

For healthcare professionals in California, a DUI conviction can carry severe consequences beyond the typical legal penalties. In addition to fines, license suspension, and mandatory DUI education, healthcare workers, including doctors, nurses, and other medical professionals, may face professional repercussions that can threaten their ability to practice and their career.

A civil restraining order is often used to prevent criminal conduct such as battery, criminal threats, stalking or just disturbing the peace.  It is not issued in a criminal court, but it has criminal undertones that suggest if the restraining order is violated, not only would a criminal case follow for violation of the order (under Penal Code § 166(a)), but also for the conduct, if prohibited under the Penal Code. For this reason, we often have clients who are the subject of a restraining order and who call us to better understand the limits of their freedom imposed by the order and whether the order is automatically renewed upon its expiration and/or what the protected party must show a judge to renew the order.

California Penal Code § 29800(a)(1) prohibits convicted felons (or persons with active felony warrants) from owning, purchasing, or possessing firearms. This restriction also applies to narcotics addicts and persons with two or more convictions for certain misdemeanor offenses.

For plea bargains and case settlement, there are several settlement alternatives that are available. However, local customs may change this landscape somewhat.  From worst to best, these include:

The "Clean Slate" laws automate the record-sealing process for eligible people, a progressive move toward rehabilitation and reintegration into society.  A criminal conviction typically follows someone long after they have completed their sentence and negatively impacts employment prospects and housing applications.  With automatically sealing eligible criminal records, convictions will no longer appear on background searches. It's designed to help people who have changed their lives and reduce recidivism rates. However, the automatic record relief process can be delayed if you pick up new criminal cases. Suppose your criminal record is not eligible for automatic relief. In that case, you might still get relief by filing a petition to seal or expunge.

Landlord/Tenants: Treasury’s Emergency Rental Assistance (ERA) program has provided communities over $46 billion to support housing stability throughout the COVID-19 pandemic.  

EVICTIONS DUE TO DOMESTIC VIOLENCE

Pre-Trial 402 Motions Motions In Limine are related to whether or not a specific evidentiary item should be admissible or excluded during trial, or if it is too prejudicial to the defendant. Under Evidence Code 402, this concerns issues such as prior convictions and prior bad acts, voluntariness...

Tom Cruise pays Katie Holmes $33,000 a month in child support for their daughter, Suri. Kanye West pays Kim Kardashian $200,000 a month for their four children. It's hard for most of us to imagine how these sums are needed to address a child's day-to-day basic needs. But the public policy related...

Penal Code § 30305(a)(1) PC makes it illegal to possess ammunition if you are restricted from possessing firearms. In simple terms, this means that if you aren't allowed to have a gun, then you can't have bullets, either. This offense can be charged as a misdemeanor or a felony and is punishable...

Once you are convicted of domestic violence, you are prohibited from owning or possessing a firearm in California. Assembly Bill 3129 amended Penal Code 29805, and makes it illegal for anyone who was convicted of misdemeanor domestic violence for having possession of a firearm. Also under Califo...

In today’s headlines, it is all too easy to find examples of undocumented residents being targeted for unfair treatment, singled out, and taken advantage of. It would be easy to assume that legal protections are not available to prevent such treatment. However, there are in fact many California laws specifically written to protect tenants regardless of their citizenship or immigration status and set forth special penalties for discriminating against immigrants regardless of how they came to live in California. Learning about these laws and making sure that anyone who might benefit from their protections can be one of the best ways to prevent such unfair treatment, wherever you might find it.

You are deemed to have violated California WIC 10980 when you use fraudulent methods to obtain welfare benefits you do not qualify for from the federal or state government. The consequences of welfare fraud are severe and long-lasting. Therefore when you face welfare fraud charges in Los Angeles,...

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...