Dec 28

 It never ceases to amaze me when a murder occurs in our pretty, little community.  Today, jurors convicted a man of first-degree murder in the shooting of a Cathedral City man during a robbery back in 2006.  The man was found guilty on the special circumstances of being a gang member at the time of the murder.  The jury was not able to reach agreement on “murder during a robbery” so the judge declared a mistrial on that particular charge.  However, they found him guilty of “robbery in the course of the murder” and “felony with a firearm.”

 

During closing arguments, the Deputy District Attorney, said he admitted to investigators he shot the victim, in the head.  He also denied that he was under the influence of methamphetamines, even though, his attorney said he was.  All this was done to show what a big man he was to his gang members.  The accused attorney claimed he was looking for methamphetamines and not someone to kill.  He said the shooting was an accident.

 

Whether or not the accused was under the influence of methamphetamines is something we will never know.  They can do bad things to an individual and if caught with it, the individual will go to jail.  Being caught with drugs is a criminal offense and needs the experience of a Criminal Law attorney.

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Dec 18

A juvenile delinquency case involves a child that is under the age of 18 committing a violation.  If the child were over 18, it would be considered a crime.   The Juvenile court handles delinquency, child abuse/neglect and status offenses.  Status offenses are non-criminal behavior, such as truancy from school or running away from home.  In an abuse or neglect case, the court steps in to protect the child’s interests.

 

Children have rights when they violate the law or are abused or neglected.  The court always looks at the best interests of the child.  The court will remove him or her from the home if there is a dangerous situation.

 

The United States Supreme Court has made several landmark decisions concerning juvenile law and the court system.  Children are offered the same protection that adults receive.  They are entitled to the right to notice and hearing, witness confrontation, being free from self-incrimination and the right to an attorney.  The juvenile court system offers rehabilitation to the child instead of the punishment that an adult would be given. For more information contact a Criminal Law Attorney.

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Dec 14

The majority of car accidents are caused due to someone’s negligence or carelessness.  This behavior normally results in an injury to another person.  Examples include running a red light, speeding, not stopping at a stop sign or just not paying attention to the road.

 

Drivers need to use reasonable care when behind the wheel.  If they cannot, they should not drive.  Careless behavior can result in someone getting hurt or worse, death!

If you or anyone you know are in a car accident contact a Personal Injury Attorney to stand up for your rights.

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Dec 08

A client of mine recently asked me to explain what a settlement calculator is.  A personal injury settlement calculator determines the amount an individual can claim from damages or loss caused by another person.  It helps the individual reach a reasonable and fair settlement.  It will allow you to see the lump sum you can receive.

 

The calculator includes present and future medical expenses, rehabilitation involved, lost wages, pain, suffering, disability, impairment and loss of consortium.  All of these factors are used to determine a fair settlement.

 

A Personal Injury attorney can advise what the California law is and if the settlement calculator arrived at a good settlement for recovery of legal damages.

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Dec 06

Did you know that public intoxication is also known as drunk and disorderly conduct?  In many countries, it is a petty crime or a criminal act.  Article One of the Constitution of the United States does not give Congress the power to control public intoxication under federal law.  Each state has its own alcohol laws. 

 

The California Penal Code 647(f) “considers public intoxication a misdemeanor”.  It also states, “Public intoxication is someone who displays intoxication to liquor, drugs, controlled substances or toluene and demonstrates an inability to care for themselves or others, or interferes or obstructs the free use of streets, sidewalks or other public way”.

 

In addition, local and county laws can restrict hours of alcohol sales.  Currently, an individual can purchase alcohol between the hours of 6:00 a.m. and 2:00 a.m.  However, in 2009, all states have a minimum purchase age of 21.  Since public intoxication is a criminal act, I would suggest anyone arrested for this should contact a Criminal Law attorney immediately.

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Dec 04

Did you know that a severe motor vehicle accident could result in a spinal cord injury?  In addition, a spinal cord injury could result in paralysis and change your life forever.  Today, in the United States, hundreds of thousands of people are living with some type of spinal cord injury.  There are over 11,000 new cases every year.

 

The spinal cord receives and sends messages from the brain.  There are five parts to the spine - each controls another body function.  Depending on the area of the spine and level of injury to it, a person can sometimes move and feel sensation.  Some cannot move or feel anything at all.  The cost of treating a spinal cost injury is very high.  Surgery is involved along with a ventilator for breathing problems.  Rehabilitation helps a person to live with their disability.  In the end, some functions may return but not all the time.

 

Palm Springs is a city where people come to vacation, retire and have fun.  Young people come to Palm Springs on school breaks.  Palm Springs has vehicles all over the place.  Suffering a spinal cord injury due to the negligence of another person is a cause for a personal injury lawsuit.  An experienced personal injury attorney knows all the options a victim has.

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Dec 03

Twenty years ago, no one ever heard of cyber chats or cybersex.  Today those words are common; there are millions of web pages devoted to cyber crime topics.  There are websites that show how to commit an Internet crime. 

 

Since the early 2000’s, the FBI has operated a Cyber Crime Task Force.  They are cracking down on cyber fraud and Internet identity theft crimes.  Most of these types of crimes originate in India while cybersex sites originate in the Philippines, Greece, Germany and Australia.

 

Statistics show that many sexual predators who entice children on the Internet are 30+ white males with an average income of over $70,000 per year.  A defendant in an Internet crime must prove that he would never have committed this crime if the police had not trapped him.  All I have to add is that I would suggest anyone involved in this type of crime should definitely consult a Criminal attorney, one that specializes in Internet crimes.

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Dec 01

Are you aware that not having a Will or Trust when you die can cost your loved ones money?  If your Will does not waive bond, the court will require your personal representative to apply for a probate bond to cover the value of your estate - unless the heirs agree to waive it.  Bond premiums can run as high as $2,000 a year after the estate is opened.  A probate bond protects the estate against fraudulent activities by the personal representative.  In order to qualify for a bond, the personal representative’s net worth and credit are looked into.

California probate bonds are an insurance policy to protect against a personal estate representative that breaches a trust.  It is a security required to make sure the representative faithfully carries out his or her fiduciary duties.  Probate bonds issues to think about include 1) does the Will waive bond, 2) will the heirs sign a written waiver of bond, 3) when is it required, etc.  A California Estate Planning attorney can advise you on all probate bond issues.

Many attorneys obtain bonds through Bond Services of California at www.bondservices.com. If you need help or advice on estate planning, contact an Estate Planning attorney who can prepare all estate planning documents.

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