A sexual assault occurs without the victim’s permission and usually involves force or threats. It can be devastating to be a victim of such violence. But a false accusation of sexual offense can be just as destructive, damaging an individual’s reputation more than any other type of crime. A sexual crime involves inappropriate touching, penetration of the vagina or anal area, rape and child molestation. It forces a person against their will to have unwanted sexual contact. Because of the heinous nature of these acts, just the association with this type of crime can leave a stigma that persists through time.
Prosecutors pursue these charges aggressively. Sometimes these charges are false or exaggerated, and made for unknown reasons. A good sex offense defense attorney knows how to do a thorough investigation into the lives of both parties involved. It is the responsibility of the plaintiff to prove he or she was sexually assaulted by the defendant.
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\\ tags: attorney, Cathedral City, Indio, lawyer, Palm Springs, Rape, Sex Crime, Sexual Assault
Sick people depend on doctors to make them better. A doctor has an obligation to do everything he or she can to diagnose the problem and then treat it. This includes additional tests if necessary. For example, the failure to diagnose cancer can be devastating. Cancer does not get better without early diagnosis and immediate treatment; undetected and untreated, it will progress and ultimately kill the patient.
Cancer is a disease that can appear anywhere in the body. Treatment has changed over the past 20 years, giving patients a much better survival rate, especially when the cancer is at a lower stage. Certain cancers (ovarian, pancreatic) have a very low rates of survival.
A medical malpractice lawsuit comes into play when cancer is not diagnosed. The patient must prove that the doctor ignored symptoms or did not order diagnostic tests. Early diagnosis could lead to a much better outcome for the patient. Medical malpractice is the sixth leading cause of death in the United States – thousands of people die each year from easily preventable medical errors.
A medical malpractice suit must begin within three years from the date of the occurrence or one year from the date, the patient discovers the problem or disease. Contact a knowledgeable Palm Springs medical malpractice attorney who will protect your rights and discuss your options with you.
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\\ tags: attorney, cancer misdiagnosis, early detection, lawyer, Medical Malpractice
A friend of mine had stopped to help an accident victim in her Palm Desert neighborhood the other day. The police officer told her to leave the scene. She didn’t understand why he would make her leave when all she wanted to do was help. I don’t know what know what motivated that particular officer, but the California ‘Good Samaritan’ laws could be a factor. The California Supreme Court ruled if a ‘Good Samaritan’ stops to help someone in an auto accident and accidentally causes personal injury to that person, the the victim could sue him or her.
The ruling has been in effect for almost a year now. The reason for this law stems from an auto accident that happened several years ago. Two cars were traveling together. The first car had two passengers in it. It struck a pole. A woman in the second car thought the car might explode so she started to pull the women out of the car; however, she dropped the first one and caused injuries leading to her becoming a paraplegic. The hurt woman sued her friend. Because of the actions of the ‘Good Samaritan’, her friend became paralyzed. California State code states, “No person who in good faith, and not for compensation, renders emergency care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission.”
I advised my friend that sometimes helping an accident victim is a good deed but she needs to think twice before acting as a Good Samaritan. We went on to discuss whether the victim knew to contact an experienced and qualified personal injury attorney – one who can help prove the responsibility and liability necessary to receive compensation for all damages and injuries sustained.
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\\ tags: attorney, car accident, lawyer, Palm Springs, Personal Injury
I was driving on the 10 freeway on my way out to Riverside and saw the California State Highway Patrol chasing after a speeding driver. It made me remember a story I’d read about two families in Utah. Several years ago, during a police chase, an older gentleman and a young woman were killed when a driver flew through a red light with the police chasing him. It seems the police were watching a home and saw him leaving it. When the officer tried to pull him over, he sped through the streets and the red light – killing two innocent people.
The family has a wrongful death lawsuit against the City and the Officer. Wrongful death is when the loss of life is wrongfully caused by another individual. Although, it was the driver of the vehicle that struck the victims, the families of the victims believe that if the Officer had used caution when chasing the driver, their family members would be alive today. California has certain laws pertaining to wrongful death claims. A knowledgeable Palm Springs personal injury lawyer could sit down with family members and explain the many factors that affect outcome on these types of claims and an experienced personal injury lawyer will pursuit justice for those left behind. By the way, the driver was convicted of two counts of Automobile homicide.
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\\ tags: attorney, lawyer, Personal Injury, Riverside, Wrongful Death
I find that many clients that walk into my criminal defense law practice don’t understand what a misdemeanor really is. California Penal Code defines a misdemeanor as a “crime that is considered less serious than a felony but can bring jail time of up to one year with fines totaling up to $2,000.”
A misdemeanor charge results in a criminal record – so although not a felony, it is important to not take it lightly. It will show up on a background check and can have devastating and far reaching effects on your life. Depending on the seriousness of the crime, any injuries to the victim, and if there is a prior criminal record, a misdemeanor can be charged as a felony crime. Shoplifting, domestic violence, drunk driving, possession of stolen property and a loaded gun in a public place could all be charged as felonies.
Inevitably the conversation turns to what punishment would come with this type of charge. Jail (includes house arrest), fines, probation, counseling, restitution to the victim, and/or community service (Cal Trans) can all be applied in the sentence.
A skilled criminal defense attorney right here in the Palm Springs area can make the difference between going to jail and staying out of jail.
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\\ tags: Criminal Defense, jail, lawyer, misdemeanor, Palm Springs
According to the OC Register, a 21-year old Cal State Fullerton student was the cause of two San Bernardino sisters dying Monday morning. The CSUF student, Jessica Shekell, was driving west in the eastbound FasTrak lanes on the 91 Freeway when she collided with a 2009 Chevrolet Silverado. The driver, Sally Miguel, 44, died at the scene. Her sister, Patricia Miguel, 30, died shortly after at the Western Medical Center in Santa Ana. Two young nieces, ages 15 and 11, were in the back seat; they were treated for major and moderate injuries and then released. None of the San Bernardino passengers were wearing seatbelts.
Jessica Shekell was treated at UCI Medical Center in Orange. She is now facing charges of driving under the influence.
I am not representing either of these parties. But I can just image that no matter what happens, whether or not the family of the victims sue for wrongful death or whether or not the attorney representing the student can mitigate the damage of the criminal charges, it is a tragedy all around. No attorney in the world can bring back the life of the loved one, or completely take away the stain of criminal action.
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\\ tags: 91 Freeway, attorney, car accident, Drunk Driving, DUI, FasTrak, lawyer, Wrongful Death
Identity theft is becoming a big problem in California, especially in the Palm Springs - Palm Desert areas where many people vacation or live. Identity theft happens when someone unlawfully takes another person’s personal information and then uses that information to obtain loans, credit cards and access to bank accounts that are not theirs.
The Federal Trade Commission states that over nine million people are victims to identity theft in this country every year. Most people are not aware this is happening to them until they receive a ‘past-due’ bill or excessive fees on an account they did not use. It is interesting to note that many insurance companies cover identity theft on a homeowner’s policy. The Insurance Information Institute states that adding this to your policy costs between $25 and $50 a year – not much, considering what the consequences could be.
At the recent California’s Annual Identity Theft Summit, Governor Arnold Schwarzenegger said, “Identity theft is one of the fastest growing crimes in the country… It can happen to anybody… it doesn’t matter how big you are, how little you are, how famous you are, how unknown you are…”
In order to protect your identity, never give personal information to anyone on the telephone – no matter who they say they are, shred all documents that have sensitive information on them and keep a firewall or anti-spyware on your computer. If you believe your identity has been stolen, contact your bank and credit card company immediately.
On the flip side, it doesn’t take much to be accused of committing identity theft. Technology can put up walls and false fronts to hide the real culprits. If you have been accused of stealing the identity of another, it is important to consult with an knowledgeable criminal defense attorney immediately.
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\\ tags: attorney, Criminal Defense, identity theft, lawyer
The Auto Club’s monthly magazine had an excellent article about “The Fall and Rise of DUI”. It warned how driving under the influence of alcohol or drugs is once again on the rise in California. Alcohol-related deaths are up 49% in the last few years. California has made significant strides in the past to combat DUI. For example, California started Mothers against Drunk Driving (MADD) in 1980. But this latest trend is disturbing.
Palm Springs has some of the strictest DUI laws and penalties in the country. This includes up to one year in the Palm Springs County prison for a misdemeanor DUI or several years in the California State prison for a felony DUI. The circumstances surrounding the arrest determine how extensive the punishment will be – blood alcohol level of .20 percent or higher, failure to submit to a chemical test, having a child in the vehicle, etc. Keep in mind jail or prison time is not the only punishment. Palm Springs has fines that range from $390 to $1,000, mandatory attendance at an alcohol or drug program and suspension or revocation of your driver’s license – to name a few.
Finally, A DUI arrest in Palm Springs amounts to two separate cases against you – the criminal case in the courts and the DMV. Palm Springs also has the California “3-Strikes Law”. If you have two strikes already against you and you commit a felony crime, you may be looking at least 25 years to life in a California jail. No one arrested for driving under the influence should try to go to court without the presence of knowledgeable DUI attorney, particularly here in the Coachella Valley.
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\\ tags: 3 strikes, attorney, Drunk Driving, DUI, fine, jail time, lawyer, Palm Springs, penalty
A client stopped by my office yesterday to tell me he had a few drinks at a party and a police officer pulled him over on the way home in Palm Springs. He did not think he was drunk but the officer made him take several field sobriety tests. My client felt that this was unfair because he didn’t think he was showing any of the typical signs of intoxication, like slurring his words. But, according to Vehicle Code Section 23152a, “It is unlawful for any person who is under the influence of any alcoholic beverage or drug or under the combined influence of any alcoholic beverage, to drive a vehicle”. According to Vehicle Code Section 23152b, “It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle”.
He told me the police officer made him take a ‘Horizontal Gaze Nystagmus’ test. He had to follow the movement of the police officer’s pen. The police officer made him count backwards and touch his nose as well. He was under the impression that this was an infringement of his rights because he felt the police officer was on a fishing expedition, looking for any reason to arrest him for DUI. Unfortunately, when an officer suspects you of driving under the influence, he is perfectly in his right to test you. This is why I recommend that if you have been drinking, just don’t drive.
He was certainly scared; this had never happened to him before and he didn’t know what to expect. Fortunately in a case like his, it is typical to not receive any jail time, but there is a fine to pay between $300 and $1,000. It’s also likely that his car insurance premiums will increase and he’ll probably have to attend mandatory alcohol classes for 3 to 9 months.
The best course of action is to always avoid driving after drinking alcohol. But if you are pulled over, the next best thing you can do is to contact an experienced DUI lawyer immediately. Good legal help can mitigate or even prevent the damage that a DUI conviction can bring.
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\\ tags: attorney, Criminal Defense, Drunk Driving, DUI, lawyer
People in Indio participated in a Walk-A-Mile event to benefit domestic violence victims, specifically Terria Smith, a reporter at the Desert Sun. Terria was able to break the cycle of violence. Terria is one woman in four who was a domestic violence victim. In 2007, over 100 women died in California because of this. A study done by the United States Department of Justice indicates that the same partner also physically assaulted 81% of women stalked by the same partner.
No one has a right to hit another person. You do not have to be a victim; there are things to do, a safe place to go to, and people to help you. You must look for the warning signs, such as extreme jealousy, possessiveness, a bad temper.
There is help for you. Contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233). The Palm Springs Police Department has the Crimes against persons unit (760-323-8144). They investigate all cases of abuse. Finally, I heard about the Shelter from the Storm, located in Palm Desert (760-674-0400).
Keep in mind that if you are in an abusive relationship, you do not need to put up with it, conversely, as a criminal defense lawyer I have seen many people falsely accused of domestic violence. Domestic violence is such a serious offense that you do not want to not address it without legal help. Find help, whether you are the abused, abuser or the falsely accused you can break the cycle with help!
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\\ tags: attorney, Criminal Defense, domestic violence, Indio, lawyer
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