Vacaville Lawyer Archives - Page 4 of 5

4 Things You Didn’t Know About Shoplifting and Theft In California

If you have been charged with a crime in the theft category, you may have some questions about shoplifting or theft. This article addresses some common questions.

Is it a crime if you didn’t leave the store? Yes it can be. You can still be convicted of a crime, if you took something but didn’t leave the store. If you look at the elements below, you will notice that the prosecutor doesn’t have to prove that you moved the item out of the store. Still, the prosecutor must prove that you had intent, so that’s one area that can be attacked in the prosecution’s case if, for example, you intended to pay for the item but put it in a pocket or a purse without thinking.

What does the prosecution have to prove to convict me of petty theft? The summary below will show you the general elements of petty theft:

taking possession of property owned by someone else

without the owner’s consent

with the intent to remove it from the owner’s possession

moving it, and keep it for a period of time

value of property is $950 or less.

What does the prosecution have to prove to convict me of shoplifting? The summary below will show you the general elements of petty theft:

entering a commercial establishment (for example, a store)

while the establishment is open during regular business hours

with the intent to steal items worth less than $950

How can you fight a theft charge?

Lack of intent – You can show that you had no intent to steal the item. For example, if you purchased many expensive items and forgot to pay for the milk that was at the bottom of the cart, then those factors would indicate that not paying for the milk was an oversight rather than an intentional taking.

Accident/Mistake– This defense also attacks the intent element by showing that you were unaware of the item or that it was a mistake. For example, if a child or friend put the item in your pocket without your knowledge, you could claim that it was a mistake. Or, if you thought the item had been previously purchased by a family member or friend, then that could show a valid accident or mistake.

Belief the property belonged to you – This defense is also a subset of lack of intent and can be used when you believed that the property was yours and not someone else’s property.

Consent from the owner – If the owner said or did something that made you believe that they consented to your use or taking of the property, then this is also a defense.

Filed Under: Legal Advice, Vacaville Attorney, Vacaville Lawyer

Criminal Law Basics: How Does the Criminal Law System Work?

If you are facing a criminal charge, you may be wondering how the criminal law system works. This article will walk you through the main steps in a typical criminal case.

Arrest and Jail. The typical start of a criminal case is the arrest by the police.

From there, there are three main scenarios:

1) the defendant can be released from jail if the prosecutor decides to drop the case,

2) the defendant posts bail/bond, and is released with the promise to appear,

3) the defendant stays in jail.

Charging. The police write a report. The prosecutor reviews the report and has discretion to decide whether or not to file charges and which ones. Charges are typically filed within 48 hours of the arrest if the defendant is in custody.

Arraignment. This is the defendant’s first appearance in court to find out what the charges are and to enter a plea, which is very often “Not Guilty.” Even if you think you are guilty, it is often advisable to enter a “Not Guilty” plea at this stage of the process. After the plea is entered, the judge will either release the defendant on his or her own recognizance, or set bail for the defendant’s release, or require that he or she stay in jail.

Pre-trial. In the interim before the trial, there can be additional hearings. For example, in felony cases, a preliminary hearing is held, where the judge makes sure that there is enough evidence for the case to continue. In some cases, the defendant will concede that sufficient evidence exists, and waive the preliminary hearing. This pre-trial time is the time for discovery, which is when the prosecution and defense can exchange documents. During this time, the defense attorney will research the facts in more detail. Motions can also be filed. For example, a Motion to Suppress alleges that evidence should not be admitted (or heard by the jury), because the defendant’s rights were violated in the process of getting that evidence.

Trial. A defendant is presumed innocent, so the purpose of the trial is for the prosecution to present the evidence that shows beyond reasonable doubt that the defendant committed the crime. Each crime has specific elements that the prosecution must prove. The trial must occur within a certain time period of the Arraignment.

Appeals. If the verdict is guilty, the defendant may have the right to appeal. The appeal must be filed within a certain time period, so a defendant should consult with his or her attorney immediately if an appeal is desired.

Sentencing. If the verdict is guilty and an appeal is not sought, the next step is sentencing, where the judge imposes the punishment, which is typically involves fines, counseling, incarceration in jail or prison.

Filed Under: Criminal Law, Vacaville Attorney, Vacaville Lawyer

What to Do If You Have Already Hired a BAD Attorney

The person representing you is vital to your case, but sometimes your initial decision was the wrong move. What do you do now? The next step is a decision only you can make, but this article will walk you through sound reasoning that will assist you in making the right choice. Know that you are not alone. If you are questioning whether you need to hire someone else, don’t hesitate to set up a consultation with the attorney you have in mind as a replacement and get his or her opinion on the situation.

Is your attorney making mistakes that are prejudicing your case? – Is your attorney doing things or NOT doing things that are going impact you long-term and hurt you in some way? Serious mistakes on your attorney’s part can affect you forever. Here are some of the serious ones to watch out for:

Missing deadlines for filing motions.
Forgetting court appearances.
Completely ignoring communications with you.
Not having sufficient knowledge or experience to adequately represent you.
Being dishonest or encouraging you to make misrepresentations to the court either verbally or in writing.

Possible courses of actions with prejudicial mistakes:

Terminate your relationship with your attorney and find alternative representation.

In some cases, it may be appropriate to ask for a reduction or refund on your fees.

If the attorney’s mistakes are particularly egregious, you may feel it is appropriate to report those to the Bar of the State you live in.
If the attorney you are dissatisfied with is a public defender and not someone you have hired, you can request a different attorney or represent yourself. Be prepared to share with the judge the exact reasons why you are dissatisfied because a bare assertion that the attorney isn’t doing a good job will probably not be specific or factual enough to sway the judge to your point of view.

Are you dissatisfied with your attorney for reasons that may be fixable with communication? – Is your attorney doing things that annoy, bother or frustrate you?

You don’t feel respected by your attorney.

You don’t feel that your attorney has thoroughly evaluated the information or evidence you or others have provided.

You don’t feel your attorney has the right tone with a judge/opposing counsel/prosecutor, and you would like a different tone? (i.e. more or less adversarial, more confident, etc.)

Possible courses of actions where you feel the problems may be fixable with communication:

Many attorneys respond to facts. Give specific examples of what is bothering you and recommendations on what you feel would be an appropriate resolution.
In some cases, it may be appropriate for you to request a partial refund on your bill.
Many attorneys appreciate organized, written communications. Summarize your concerns with your attorney’s performance in writing. Not only does this step help the attorney understand you, but it can also document the problems.

You deserve to have an attorney that you feel confident in and who represents you well. The practice of law is a service business where you are the client, so take charge of the relationship. Work it out if you can or find someone different, but don’t sit back without making informed and thoughtful decisions about your future.

Filed Under: Fairfield Lawyer, General Legal Advice, Vacaville Lawyer

HELP! I Need to Hire an Attorney and I’m Broke!

If you are not in a position to afford to pay for an attorney, you are not alone. Many people struggle just to make ends meet, so it’s not unusual if legal fees may put a strain on your budget. This article will provide some ideas of resources to help you.

Criminal Case – Do you qualify for a public defender? If you do not have the means to hire an attorney to represent you in a criminal case, the judge can appoint an attorney to defend you. When you go to court for your first appearance, you can request an attorney. Judges may ask different questions about your income, but in general come with prepared with information on:

Your income

Your debts, including student loans, credit card debts, etc.

Your assets. For example, you may be asked whether you own or rent your home, whether you own or make payments on your car

Family Law Case – Have you checked into free community resources? For example, if you live in Solano County, the Solano Legal Access Center might be a helpful resource to you.

http://solano.courts.ca.gov/Courts/SolanoLegalAccessCenterSLACandFamilyLawFacilitator.html

The website above is a resource for California forms.

This website also has a repository of self-help information, videos and documents.

Domestic Violence – Have you looked into a Victim’s Advocate Office in your community? Many communities have teams of professionals dedicated to assisting in protecting you from domestic violence.

For example, the Solano Advocates for Victims of Violence https://www.savvcenter.org/

Another resource for those in the Vacaville area is the Advocate Against Domestic Violence in the African – American Community, http://www.aadvac.org/

Pro Bono for Other Types of Cases – There are instances where an attorney may assist you without charge. The term for this is “Pro Bono.” It isn’t the norm for an attorney to represent you for free or for a reduced fee, but there are instances where a lawyer may be willing to help you. Use your resources. Ask people in your network if they have a friend who is an attorney. Meet with a lawyer and explain your problem. Don’t expect free services, but you may be able to work out payment plans or other billing options that can make the representation affordable for you.

Filed Under: General, General Legal Advice, Vacaville Attorney, Vacaville Lawyer

What Kind of Fees Can I Expect with a DUI Charge?

Unfortunately, the cost of a DUI is very high. This article will summarize some of the costs that you can anticipate, as well as give you helpful links to find out more. Your attorney can also advise you on the costs to be anticipated, and can help you prepare for the road ahead.

Impound Fees. If your vehicle was impounded, you will be on the hook for administrative fees, plus the cost of towing and storage. The administrative fee depends on where the vehicle was impounded, but for instance, the cost in Vacaville can be $234. (See https://www.dmv.ca.gov/portal/dmv/detail/dl/fees/miscdl_fees#misc_duireissue). Also, be aware that the vehicle can only be released to the Registered Owner. However, if the owner is incarcerated, then the jail can provide a Vehicle Release Form.
Driver’s License Fees. These vary depending on the age of the driver, and whether it is a first or second offense, but to give you an idea of the ballpark the Reissue Admin Fee for a Driver over 21, is $125. This link will give you the specifics: https://www.dmv.ca.gov/portal/dmv/detail/dl/fees/miscdl_fees#misc_duireissue.
Bail Fees. If you have been incarcerated, you can anticipate a bail bonsdmen fee. The way it works is that the court sets the bail. The bonds company charges you a fee (usually a percentage of the amount of bail), and then the bonds company pays the full amount to the court. When you appear at your hearing, the bonds company receives their money back, but they earned the fee.
Court Fines. These can run you at least $2,000. According to the Yolo County Sentencing Guidelines for Infractions and Misdemeanors, Effective August 25, 2016, the minimum fine to be imposed for a DUI is $1958.
Other Miscellaneous Court Fines and Fees. The Court will likely impose misc. fines and fees which total at least $300, depending on the jurisdiction. See the excerpt below from the Yolo County Sentencing Guidelines for Infractions and Misdemeanors, Effective August 25, 2016.
Counseling – The amount of counseling ordered and the cost of the classes varies, but a conservative estimate would be at least $200 for counseling and classes.
Restitution – If the DUI involved an accident, the court may order restitution, which means that you will have to pay for the damages incurred by the other driver.
Interlock – An interlock device is placed in your car so that your breath alcohol level is checked before you can drive. The cost can vary depending on the make and model of the vehicle and the company you choose. One company surveyed charged a $60 installation fee and 69.95 plus tax per month.
Insurance – Automobile insurance rates are higher for those who have been convicted of a DUI. To reinstate your license after a DUI, you will have to file a Proof of Insurance Certificate (SR-22). These sites can give you more information about the insurance needed. https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/pubs/brochures/fast_facts/ffdl35

Filed Under: DUI, Legal Advice, Vacaville Attorney, Vacaville Lawyer

What Is the Typical Legal Procedure for a Standard Divorce

When you are embarking on a journey, it is important to have an overview of where you are now and where you are going. Similarly, with a separation, divorce or an annulment of a marriage or domestic partnership, an overview of the system will help you plan ahead. This article will give you a view of a big picture, but be aware that this is a generalized summary that will certainly vary depending on the unique facts of your case, your assets and your family.

1. Petitioner Files Paperwork. The Petitioner is the person who files the paperwork to get the divorce process started. The forms needed to start your case in California can be found at this site: http://www.courts.ca.gov/1229.htm

2. Serve the Forms. The other party (Respondent) needs to know what paperwork is filed. To accomplish this, a person serves the forms to the Respondent. The Petitioner can’t serve the forms themselves because the Petitioner is a party in the case.

3. Respondent Responds. The Respondent has 30 days to reply to the paperwork that is served. There are 4 possible scenarios here:

Respondent Doesn’t Respond. The Petitioner waits 30 days and files the appropriate paperwork for a Judgment.

Respondent and Petitioner Work Out a Written Agreement. Respondent doesn’t respond but the Petitioner files the written agreement between Respondent and Petitioner and the paperwork for a judgment.

Respondent Files a Response and Written Agreement (“Uncontested Case”). This is the “uncontested case,” where one of the parties files and Appearance, Stipulation and Waiver and a Proposed Judgment.

Respondent Files a Response (“Contested Case”). The Respondent files a response, but the parties can’t agree, so it proceeds to the next step toward trial.

4. Disclose Financial Information. Both parties are required to fill out disclosures of financial information within certain timeframes. This is where you submit information, and you must not withhold information or be dishonest about any information.

5. Orders. During the process, either party can request temporary orders relating to child support, spousal support, custody, etc.

6. Mediation. Mediation is where an attorney or an arbitrator assist the parties in seeing whether they can come to an agreement on important issues such as dividing the assets or time with the children.

7. Trial Preparation and Trial. There are various steps that can lead to trial. The discovery stage is where parties are trying to get more information from each other. They can do this with interrogatories, which are questions posed that are required to be answered. Requests for admissions is where you submit a statement to the other side that they have to affirm or deny. There are also requests for production, where certain documentary evidence can be requested. Deposition is sworn testimony where a person is asked questions while they are under oath. These steps help the parties prepare for a trial, where the judge will make a decision on the issues presented.

8. Final Judgment and Timing. Your divorce will be finalized by a document that is signed by a judge. This is when the proposed Judgment that was filed by one of the parties is signed by the Judge and becomes a Final Judgment. Be aware that in California, you have to wait until 6 months after the case is filed and the Respondent has been served before the Judgment is Final.

9. Additional Resources. This is just a primer on the divorce process, but there are many resources for more information. One very helpful resource can be found at http://www.courts.ca.gov/1225.htm.

Filed Under: Divorce Lawyer, Fairfield Lawyer, Family Law, Vacaville Attorney, Vacaville Lawyer

What Should I do if there is a Warrant for My Arrest?

What is a bench warrant and why is there one for me?

Some of the most common reasons why there might be a warrant for your arrest is that a judge issued a bench warrant based on 1) failure to appear in court on your scheduled date, or 2) failure to complete the terms of your probation, or 3) failure to pay fines. A warrant is signed by a judge and authorizes law enforcement to arrest you.

What are the consequences of failing to comply with court orders?

Failure to comply with court orders may result in a mandatory court appearance, additional charges being filed by the prosecutor, a hold being placed on driver’s licenses with the DMV or an arrest warrant.

What does an arrest warrant mean to me?

An arrest warrant puts you at serious risk because a police officer has a duty to arrest you if there is one outstanding. This often happens if you are stopped for a traffic violation, and the officer runs your license and discovers that there is an outstanding warrant. You can also be arrested at your home or workplace or anywhere that you might come in contact with the police.

What can I do if I’m concerned about an arrest warrant?

A criminal defense attorney can tell you if there is a warrant outstanding, what it’s for and the amount of bail. Your attorney can help you schedule a voluntary appearance, so that you can avoid the scene of getting arrested unexpectedly. If you are out of state, your attorney can provide information to you about your options.

Do I have to go to jail if there is an arrest warrant out for me?

Not necessarily. In some cases, your warrant may be able to be recalled without ever having to appear in court, post bail, or spend time in jail. This depends on the particular circumstances. For bench warrants relating to misdemeanor offenses, your attorney can typically appear in your absence to clear the warrant.

Filed Under: Criminal Law, General, Vacaville Attorney, Vacaville Lawyer

3 Essential Steps to Best Resolve a DUI Conviction

If you entered a guilty plea to a DUI or lost your case at trial, this article is for you. It discusses what to do next once you have a DUI conviction. Following these steps will help you succeed in completing your probation successfully and putting this conviction behind you.

Set Yourself Up for Probation Success

Know. Make sure you find out what the terms are of your probation and how long it lasts. Typically, you will at minimum be ordered to stay drug free and not have any other criminal offenses.
Do. Confirm that you have your paperwork and call the court for a copy if you have lost it. This will list what you need to accomplish and when. Typically you will need a counseling evaluation and a certain amount of counseling sessions. You may have community service obligations. Following through with the Court’s orders is essential.
Report. Ensure that anything you complete is reported, because you want to “get credit” for the counseling, etc. that you finish. If you don’t know whether the court has a record of what you’ve done, be proactive to call and find out.

Do Not Drive with a Suspend Driver’s License

Don’t drive while your license is suspended. Typically, your license will be suspended. Make sure that you do not drive during the suspension period.
Complete the DUI Program. You will likely need to complete a DUI program prior to reinstatement of your license.
More information about Suspended Driver’s License. For more information about a suspended driver’s license in California go to http://www.dmv.org/ca-california/suspended-license.php

Compliant Driving after a DUI – Interlock and Insurance

Interlock. An ignition interlock device prevents you from driving with a level of blood alcohol above the setting. You will typically be ordered to utilize this device for a certain amount of time following your DUI, and you shouldn’t do anything to try to bypass the system.
Insurance. You need a special type of automobile insurance following a DUI. It is often called high-risk or SR-22 insurance. Make sure that you obtain the right kind of insurance and keep your payments current.

If you take the time to know and obey the terms of your probation, you can successfully overcome a DUI conviction. Make sure that you find out what you need to accomplish, avoid driving while your license is suspended, and take the steps necessary once your driving privileges are restored.

Filed Under: DUI, Fairfield Lawyer, General Legal Advice, Legal Advice, Vacaville Attorney, Vacaville Lawyer

3 Things to Avoid Saying in a Custody Battle

You’ve probably heard that you have a right to remain silent in a criminal case, but sometimes it’s an advantage to you to remain silent in a civil case as well. This is particularly true in the tense situation of a custody battle. Some parents can be their own worst enemy in a fight over custody of their children. This article is going to remind you of what you likely already know when you are in a non-stressful situation, and will help you apply these tried and true principles in a custody case.

Avoid All Physical Threats/Cussing/Bashing the Ex

When you are in a custody battle, you need to be cautious about every word you speak. Imagine that the judge is sitting on your shoulder overhearing every word and decide whether your tone and language will benefit you.

Never make a threat of physical harm, even if it is in jest. Even words meant with sarcasm can be taken out of context.
Avoid cussing or hateful speech as these can reflect poorly on you. You have an opportunity to create your image with the words that come out of your mouth, so make sure that you come across as even-tempered, wise and caring. These are traits almost anyone values in a parent, and exhibiting them will help win points in the custody battle.
Don’t bash the ex to the children. When you talk about your ex negatively to the children, it puts the kids in the middle of the battle. It isn’t healthy for them, and it won’t help you with the case.

Don’t be too eager to show your hand

Keep your strategy between you and your attorney. If you were a gambler, you wouldn’t show your opponents your hand of cards. Similarly, you want to avoid giving the other side too much information about your strategy and plans.
You may not want to be too specific initially about your priorities. If having the kids this Christmas is the most important thing to you in this world, you may or may not want to share that information just yet. Revealing your pain points may cause a vindictive ex-spouse to try to prevent you from having the kids this Christmas just to spite you.
Follow your attorney’s advice on information you share. Your attorney can advise you on what information to share or hold back, but in general you want to share information strategically at the right times and in the right ways.

Refrain from “never” and “always” and stick to the truth

Don’t back your ex into a corner. When you tell someone you will never do something or you always deserve something, then you automatically trigger an obstinate reflex. Even though the term is custody “battle,” they often involve a lot of negotiation, so keep tried and true principles of negotiation in mind: Don’t back your opponent into a corner by using words that show you aren’t interested in compromise.
Don’t exaggerate, stick to the truth. In an emotional situation, it is easy to exaggerate a story or twist the truth a bit to try to get what you want. When you are working to get custody of your children, you will be best served by only saying things that are absolutely true because this builds credibility with your children, with the counselors and evaluators that may be involved, and ultimately the judge. Stick to the truth.

While these are a few of the things you shouldn’t say, there are many things that should be expressed. Children are sensitive to divorce, so share your love and appreciation for them often. Take an interest in them. Spend the time that you can and talk to them about their feelings. Take the opportunity to model cooperation and civility for your children during the custody case, and if hard positions or harsh words need to be said, let those come from your attorney so that you can be a calm and collected rock for should children to lean on.

Filed Under: Divorce Lawyer, Fairfield Lawyer, Family Law, Legal Advice, Vacaville Attorney, Vacaville Lawyer

How to Know When to Strike a Plea Bargain and When to Go to Trial

Deciding what to do when you are facing a criminal charge can be challenging, but taking a step back to analyze your case will help you decide the best course of action for you. Since each case is different, there are many facts and factors play into a decision this important, but this article will help you think them through.

Do you need to decide yet?

If you were just arrested, you do not need to decide immediately whether to enter a plea or go to trial. You will have the opportunity to attend hearings prior to trial. If you qualify, you can request that an attorney be appointed for you. If you want to hire a private attorney, you will have time to follow through with that. It is possible obtain a continuance to have additional pre-trial hearings if there is an appropriate reason. The bottom line is that you shouldn’t feel pressured to decide your case strategy right up front.

What are your odds of winning at trial?

You need to look at your odds of winning at trial to decide whether to risk it. Is there a witness that may recant or may not be available? Is there a credibility issue that a jury is likely to believe or disbelieve witnesses at trial? How much technology was involved in creating the evidence against you? Is a common person likely to find the evidence reliable? Is the evidence extremely strong, or is there room for doubt?

Is the plea bargain really to your advantage?

Remember that the prosecutor is your adversary in this situation. Look carefully at the deal that is presented. Is it really valuable to you? For example, a typical offer the prosecutor may make to every defendant with a DUI charge is that the traffic violation will be dismissed with prejudice. Is this really a benefit to you? Can you get more out of a bargain if you wait?

What are the policies at play?

A prosecutor is likely under the direction of his or her supervisor, and it is helpful to have the advice of an attorney who knows the prosecutor or the office politics. Is the prosecutor reluctant or eager to go to trial? This could determine whether the plea offer gets better or worse as you go along. Are there restrictions to the prosecutor’s ability to offer you a plea?

What sentence is likely under either scenario?

When you are considering a plea vs. trial, you need to know what punishments are likely with each choice. Make sure you find out all aspects of the prosecutor’s plea. Don’t just focus on the amount of jail time that will be involved, but also find out what counseling, probation and fines will be included. Is there a significant difference between the sentence likely under the plea bargain and the sentence likely if you lose for trial?

These are just a few of the many factors that need to be weighed when choosing between a plea bargain and a trial. Consulting with an experienced criminal defense attorney will typically be helpful to you in making the choice because they can assist in determining the strength of the evidence against you, the extent of advantage the plea bargain really is to you, and the various possibilities for sentencing of the charge if a plea is entered vs. a trial.

Filed Under: General, General Legal Advice, Legal Advice, Vacaville Attorney, Vacaville Lawyer