Feb 20

Laws regarding possession of marijuana in California can be found in the California Health and Safety Code Section 11357.  California is one of the liberal states when it comes to possession.  For example - the medical marijuana system that allows licensed users to possess this plant for medical purposes – California is the first state in the country to create such a system.  California law defines marijuana as all parts of Cannabis sativa L.  This includes seeds, stems, leaves and flowers.  Street marijuana is contraband.  However, hemp oil and hemp butter are legal.

 

Illegal possession of less than one ounce is a minor offense and can cost you up to $100.  There is no jail time involved.  Possession of more than an ounce is a misdemeanor and comes with fines up to $500 and six months in jail.  California prohibits anyone from giving marijuana to a minor.  If you are arrested for this, you will face prison for at least three years and possibly seven.

 

If you have been arrested for illegal possession of marijuana or any drug, I urge you to contact an experienced Criminal Attorney who will advise you of your rights.  This can be a serious offense and you need experienced help.

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Feb 18

There are many bicycle riders in the communities surrounding Palm Springs due to the beautiful weather most of the year.  Because of all the riders and all of the vehicles on the streets of Palm Springs, accidents happen.  Even if a bicycle rider is protected with a helmet, he or she does not stand a chance if hit by an automobile or truck. 

 

A bike accident with an automobile or truck can bring very severe injuries – broken bones, ruptured organs or death.  It only takes a second for a bike rider to be hit by another vehicle.  Drivers do not always respect bike riders and feel they have no place on roadways.  Some roads have bike lanes, but not all.

 

Bicycle accidents happen every day.  If you or a loved one has been injured in a bicycle accident, contact an experienced Personal Injury attorney who will fight to get you compensation for any and all of your expenses.

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Feb 16

Recently a California man, was arrested when his computer was found to have 1.8 million stolen credit card numbers on it.  He was sentenced to 13 years in Federal prison and ordered to repay $27.5 million to banks and credit cards companies that he victimized.

 

He pleaded guilty to an online clearinghouse where identity thieves shared stolen information.  He told a judge that he was “mesmerized by the thrill of hacking”.  He was addicted to it.

 

Several years ago, the man worked as a volunteer who helped the FBI understand and prevent cyber crimes.  He was always curious as to what he could accomplish with a computer.  It is too bad that the curiosity took a turn for the worst.  There is no telling how much damage a person can do on a computer today.

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Feb 12

Did you hear about a 23 year old man, who was caught speeding on Pacific Coast Highway in Long Beach?  He was driving his Honda sedan at 85 mph in a 45-mph zone.  His 17-year old girlfriend, was with him.  He hit an oncoming car head-on.  He was accused of killing the other driver and his girlfriend.  He suffered two broken legs when his Honda split in half.

 

He pleaded guilty to one felony count of vehicular manslaughter with gross negligence, with an enhancement for causing great bodily injury.  He was sentenced to five years in Prison and his driver’s license was revoked for three years.  The prosecutor believed he should have received the maximum sentence of nine years.

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Feb 08

A client recently wanted to know if she should plan her estate because she did not have many assets.  I advised that regardless of the size of one’s estate, a plan is always recommended.  An estate plan designates someone to manage your assets and your health if you are unable to do so yourself.  If you do not plan ahead, a judge will appoint the person to handle your assets and your personal care. 

 

A small estate still needs someone to receive your assets, pay your existing bills and distribute your assets.  With a large estate, your experienced Estate Planning Attorney will advise you the best way to preserve your assets for your beneficiaries.  He or she will also advise you how to reduce or postpone the estate tax which will be payable after your death.

 

Many people think that assets will go to the State of California if there is no will.  This is untrue.  Relatives will have priority ahead of the State.  Of course, these relatives may not be your choice.  I would suggest sitting down with an Estate Planning Attorney so your assets, no matter how large or small, will go to those people you choose.

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Feb 07

For those of you not familiar with slip and fall accidents, let me explain.  A slip and fall accident usually pertains to a situation where a person slips and falls because of a dangerous condition.  This may occur on someone else’s property – the person is injured as a result.  A case like this is known as premises liability.

 

Examples of slip and fall accidents include slipping on spilled food in a grocery store or tripping on a box that fell from a store shelf.  Another example is slipping on snow or ice on the sidewalk in front of a store.  What happens if you slip on a loose throw rug at a party?  Another example is slipping on a wet floor in a public restroom – there were no posted signs to warn you.

 

Slip and fall accidents are common and can happen anywhere.  If this happens to you, contact an experienced Personal Injury Attorney who can discuss your options with you.

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Feb 06

Palm Springs is a fun place for young and old to visit.  Palm Springs police officers will ticket you for the following violations: 1) Speeding or driving through a red light will charge you with an infraction.  The police officer will issue a Notice to Appear ticket.  If you do not show proof of automobile insurance, you will be charged with an infraction for driving without proof of insurance.  2) You do not have to appear in court for a parking ticket.  The ticket will show the amount you are responsible to pay.  If you do not think you should have been ticketed, contact the parking agency listed on the ticket.  Waiting to pay the ticket will only increase the fine (check ticket for details).  Non-payment will not allow you to renew your car’s registration.  Finally, if stopped and you do not have your license, you will receive a ticket.  If a police officer thinks you are driving under the influence of alcohol or drugs, you will be taken into custody immediately.

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Feb 04

California Highway Patrol statistics indicate that statewide drunken driving arrests increased by 100 incidents since last year – 527 compared to 438 a year ago.  The good news though is that vehicle deaths were down – six this year compared to eleven last year.  Locally, on the freeways from the Mexican border to North Orange County, DUI arrests were up.

 

In parts of the state, effective July 1, convicted DUI offenders will be required to install ignition interlock devices on the vehicles they drive in order to keep their driver’s license.  Depending on how many convictions you have determines the time the device remains on your vehicle.  For those that do not know – an ignition interlock device requires you to blow into it before the vehicle will start.

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Feb 03

The Orange County Register recently reported that a motorcyclist riding with a suspended license faces up to six years in prison.  He was doing over 100mph down the 241 toll road late one night a few months ago.  Another motorcyclist was riding at unsafe speeds alongside him.  The first motorcyclist crashed into a vehicle.  The first motorcyclist was taken to a local hospital and second motorcyclist left the scene.  The driver of the vehicle was dead at the scene.

 

The second motorcyclist was found and caught. He is out on bail and is charged with one felony count of vehicular manslaughter by an unlawful act, gross negligence, one misdemeanor of reckless driving and a sentencing enhancement for fleeing the scene.  He will be arraigned on February 16.  In the meantime, the first motorcyclist pleaded guilty to felony vehicular manslaughter.

 

Both man need to contact an experienced Personal Injury attorney, one that will advise them of their rights.

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Feb 01

Many people are not aware that the recent repeal of the federal estate tax requires people to update their wills because if they do not, their spouses may end up with nothing.  Most people declare the maximum amount of assets that are not subject to an estate tax (by using a suggested formula) being placed in a trust for their heirs – usually their children.  The remaining assets are left to the spouse.

 

However, beginning this year, there is no limit on assets to pass on to heirs without being subject to federal estate taxes.  This allows all assets automatically go into a trust leaving the spouse with nothing.

 

It is suggested that to avoid potential problems, you should update your will by removing the formulas and using a given dollar amount of the assets.  Of course, you can transfer certain assets to your spouse today.  In order to keep your best interests in mind, keep an eye on the estate taxes, which change each year.  On the other hand, it is wise to consult an experienced Estate Planning Attorney who can advise you of your options.

 

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