CALIFORNIA LEGAL COUNSEL AND ADVICE ATTORNEYS CHARGE A FORTUNE FOR

Understanding the legal system: What most attorneys do not tell you

2007-10-18T20:52:00.000-07:00

Whether or not you choose to utilize the legal system (i.e., suing someone) or it chooses you (you are sued or you are arrested) it unfortunately helps to understand that (and I hate to admit this) justice is a business. What this means is that no matter how you enter the system, it is most likely going to cost you a substantial amount of money to see your case through. Many attorneys do not fully disclose how much your entire case will cost, and often lead you to believe your initial payment covers all your legal fees. It is important to ask your attorney what exactly you are paying for; if costs are additional; how much are trial fees (if necessary) and a general ball park question of how much this entire matter will run.

What most people do not understand is what you are paying your attorney for. Plain and simple you are paying them for their advice, much like a doctor. They may not actually "do" anything but simply listen to your problem analyze it and then give you a response. Sometimes their responses and advice can save you, make you or cost you thousands and thousands of dollars. This advice has a certain value, as because of it you are relying on them to help you make your decision. In criminal matters this advice can also mean saving you from going to jail.

Additionally, this advice and cost is not only based on years of going to law school (the average law school degree costs about $70,000), but experience in handling your matter once out of school; as well as the building of a reputation and relationships within the legal system. Additionally you are paying them for their time and their costs of running a law practice (i.e., research materials, office costs, etc.)

Before hiring an attorney it is always best to meet or talk to a few to get the best perspective on which one is best for you. The most expensive rarely means "the best." I have personally found, much like doctors, you can never pay someone to legitimately care about you and your matter. Some attorneys naturally care and some don't, its up to your instinct and the attorney's actions in speaking to you to decide if this is simply a business transaction, or the lawyer legitimately cares for your best interest.

Ask the attorney if he or she has a strategy on how they plan on handling your matter and make sure it is one you agree with. You can also check online to see if your attorney has ever been disciplined or is currently licensed, by checking them on calbar.org which is the California Bar website.

It is almost always best to hire an attorney that you or someone you know personally has used in the past. The attorney/client relationship much like the doctor/patient relationship is a unique one as you often have to discuss highly personal matters with someone you hardly know. However if you do not feel comfortable discussing such matters with this person, perhaps that is not the right attorney for you. It is also important to realize that unless you waive "the attorney/client privilege" you can tell your attorney just about anything and they cannot reveal this information to anyone.

Court Room Protocol

2007-10-18T20:49:00.001-07:00

Whether you willingly choose to enter a court room by suing someone, or you have the setting imposed upon you by being sued or you are facing criminal charges; court rooms are very intimidating places. Regardless of your reasoning for being in this environment, it will probably put you more at ease if you have the opportunity to visit the court room, prior to your required court date. Each court room is like its own country with its own ruler (the judge), and its own rules of functioning. Being familiar with these protocols before you are in the spotlight will ease the entire experience for you. The key is understanding that the legal system is largely based on respect.

Time is a valuable commodity in a court room, as the legal system is jam packed with cases. It is imperative that you respect the court's time and arrive at court when ordered. You may also call and find out what time the court room opens and what time the judge takes the bench. Do not be late. If you have a court date set and you do not appear on time, that in and of itself may cause you a multitude of problems in addition to the ones you are there for in the first place. If you are going to be late, you MUST contact the court room and advise them of your situation. A failure to do so could result in your civil matter being dismissed, fines being imposed; or in a criminal matter, a warrant for your arrest being issued.

Court room attire is of the utmost importance. Judgements about you are often made very quickly in a court room. Many individuals in the court room are looking at you and evaluating you, and some of these individuals also may be largely responsible for deciding the outcomes on your matter as well. A court room is a very conservative and formal environment and its important to act and dress accordingly. A court room is not a place to show your individuality, or make a political statement. So you may want to think twice about wearing your nose ring or chaps.

Individuals are often referred to as sir or madame and the proper way to address the judge is "your honor." If asked a question by the judge a proper response would be "yes (never yeah) your honor." When you stand before a judge, your hands are at your sides, not in your pockets. If you have an attorney, it is not proper for you to address the judge directly. Your attorney is your representative and will speak, and in most cases answer, on your behalf. Do not let that concept intimidate you. If your attorney says something you do not agree with or the judge says something you do not understand, you may halt the proceeding and question your attorney accordingly.

Lastly, an important note about court room staff. Although the court room staff (the bailiffs, clerk, court reporter, interprater) may seem like minor players in the court room, they often are responsible for various important aspects of your case. You must treat them all with respect at all costs, as one error committed by them, either intentionally or unintentionally, may detrimentally effect you and your case in various ways.

If you have questions about this or any other legal matter, please do not hesitate to contact me at the Law Offices of Carl Simons (310) 749-4529.

Hit and STAY!

2007-08-25T07:08:00.000-07:00

Although this seems very basic to most people, if you are involved in an accident, whether you believe the accident to be your fault or not, legally you must follow certain protocols. After the accident you are required by law to contact (or attempt to contact) the individual you collided with, exchange California Driver's licenses, contact information, and insurance information. If you fail to do this, even if the accident is NOT your fault, you could be charged with a crime. In the event, the other party is no where to be found (ie you collide with a parked car) you are required to place a note with the aforementioned information on a note and attach it to the vehicle.

Unfortunately, when many of us are involved in an accident we go into panic mode. Many people fail to think clearly and realize one important thing: the crime involved is NOT hitting the other individual, the crime is running. About 95% of the hit-and-run cases I have handled involved parties with insurance; so if they simply would have followed the law, they would not have been subjected to criminal charges. If you are caught and convicted of the crime it could be charged as a felony or a misdemeanor depending on the amount of damage in the accident. Such crimes could subject you not only to jail time, but also consequences on your driving record, insurance, and your professional licensure as well.

The other night, my partner and I were getting ready to call it a night. I received a call where an individual had just accidentally hit and substantially injured an individual on a bicycle. As his actions were unintentional, and the incident had only recently occurred, I instructed him to return to the scene and exchange information with the individual and avoid the drama and tremendous expense, of potentially being arrested. He then told me that he infact had returned back to the accident scene in an attempt to make sure no one could identify him and find out if the person was hurt. Once he found out the person was substantially injured, he freaked out and decided to leave. He then told me he was a DOCTOR.

As less then twenty minutes elapsed since the incident, I told him to go back or at least contact the police and inform them of the incident to avoid possible hit and run charges as well as potentially facing action against his license to practice medicine. Although I reminded him the crime was not the accident, but not taking responsibility for it and also told him if he was caught his life would be a great deal worse. Additionally, he would have to live with his conscious for the rest of his life. He told me he would think about it, but I could tell he was not thinking clearly and did not follow my instruction. Unfortunately, this is not an uncommon call I receive.

Last, it is important to place yourself or someone you care about in the "victim's" position. Personally over the last 10 years I have experience 2 rather serious hit and run injuries to my car while it was parked and my partner was almost killed in an accident where the individual ran. If you are involved in such an accident, generally you have no reason to run, as you most likely will not be charged with any sort of crime, is it really worth the risk and expense of getting caught?

If you have any questions about this matter or any other legal matter or referral please do not hesitate to contact the Law Offices of Carl Simons at (310) 749-4529.

TRAVEL ADVISORY: CLEAR YOUR WARRANTS BEFORE TRAVELING

2007-06-25T18:18:00.001-07:00

Ah, the Patriot Act. Did anyone actually believe the Government when they said that all these new laws were meant to "protect" us and not infringe upon our civil liberties? Well, one of the latest fall outs from the Patriot Act is the National Computerized Data Banks that now connect your criminal and arrest history to our nation's borders and airports.

What exactly does this mean? Most importantly IF you have any outstanding warrants for your arrest, it is highly advisable you contact an attorney and you take care of them NOW. No matter how old they are (a client last week had a relatively minor warrant for an event that occurred over 15 years ago, and he was arrested coming off a cruise ship with his partner) as there is no statute of limitations on a criminal matter once it has been filed. Generally if you walk into court with an attorney and try to clear the matter up, the court will treat you a great deal kinder then if you are dragged into court against your will.

Generally, most people are picked up on outstanding warrants when they come into some form of law enforcement contact, either through a traffic stop or general police interrogation. However, now your criminal history is run through our nations borders and airports prior to international and sometimes interstate travel as well.

Additionally, say you are traveling to Australia and you are connecting through a flight through San Francisco, and you have an outstanding warrant in Los Angeles. Once you leave Los Angeles, generally your passport or identification will not be checked against these data banks until your final US destination before leaving the country. Once your passport is checked and your warrant is discovered in San Francisco, you will be arrested in San Francisco, and have to wait up to 30 days in custody for a representative from Los Angeles Law Enforcement to come bring you back to Los Angeles before you can see a judge.

Also, if you are currently out on bail, on probation or have a prior criminal history this will all be displayed for the US Customs Officer at the US port of reentry once your return from your trip abroad. This can be highly embarrassing for you and your travel partners, as you will often be subjected to hours of questioning about these outstanding matters. However, there are things you can do to minimize the chances of this happening.

Lastly, many people do not even know they have warrants outstanding. Many times, people are investigated for crimes which result in filing; fail to complete court orders; or pay fines and warrants are issued without any notification. It is advisable that if you think you may have a warrant to contact and attorney and have them do the necessary tasks to make sure you are not subjected to these procedures.

If you have questions about this or any other legal matter, please do not hesitate to contact me at the Law Offices Of Carl Simons (310) 749-4LAW.

HOW ATTORNEYS GET PAID

2007-02-06T08:49:00.000-08:00

One of the most confusing things as an attorney is to try to explain to someone how you actually make a living. Its not easy. People come up to you and ask your opinion on this particular problem or that particular problem. Nine times out of ten, even if do give them free advice they do not listen to what you have to say anyway. Its a very frustrating job let me tell you.

Attorneys get paid generally in 3 ways: Contingency Fees (they make a percentage off your recovery, but you are generally still responsible to pay their costs in going after your recovery); hourly fees (you are billed a certain dollar amount per hour usually with a hefty upfront retainer where the attorney has the ability to draw from monthly); or a flat fee retainer (where the attorney charges a stated amount for a particular job or amount of work. As in medicine, law is a multi disciplinary occupation and certain fee arrangements generally follow the area of law you seek.

Generally with personal injury type cases (i.e. car accidents, dog bites, cases with BIG pay offs...) the attorney will get a certain percentage of your case depending on where the case settles or if the case has to go to trial. Unfortunately, these types of cases force you to use attorneys. The insurance companies you will be dealing with generally will not even take your case seriously regardless of how in the right you may be, unless you are represented by an attorney. Additionally there is a "general" formula for these types cases regarding recovery. Your recovery is generally based on your injury (usually based on your medical bills), your out of pocket expenses, you job losses, as well as current and future pain and suffering and job loss. the insurance companies generally take these losses into account and multiply them by between 2.5 and 3 times. Basically 1/3 goes to your attorney, 1/3 goes to actually pay off your bills and 1/3 goes to you. These are all estimates. And sometimes, if your case goes to trial and there are circumstances which greatly sway the jury in your favor you can often come out with a great deal more (or less depending on the facts).

Business litigation, family law cases, contract cases, other general civil type cases most often use an hourly rate. This of course can end up being very very expensive. Many of these types of cases do not have provisions where the other party is responsible should you win your case. So even if you spend all this money in fighting your case, you still end up paying a great deal of your hard earned winnings over to your attorney. This of course is one of the most important things to find out before you begin these types of lawsuits.

Criminal cases generally use what is known as a flat fee retainer a certain agreed upon amount to perform a certain degree of work. Criminal cases are generally divided into certain stages and most criminal attorneys require separate retainers for each stage of your case. It is very important to understand that in most situations trial fees are NOT included in your fee quote and often will up your legal bills greatly should you chose to go to trial on your case. This is done for a number of reasons, but most importantly, because in reality very few criminal cases actually do end up going to trial; so why pay for some service your attorney did not perform in the first place.

The important thing to understand in negotiating a fee with an attorney is just that, you are negotiating a fee. The attorney may quote you a cost but in many circumstances, the attorney is just making an initial offer of what he would charge to work on your case and feel free to counter that offer with a lower quote. Most attorneys will respect this and work with you in that regard.

If you have any questions regarding this or any other legal matter, please feel free to contact me at the Law Offices Of Carl Simians at (310) 749-4LAW.

THAT WOULD NEVER HAPPEND TO ME!

2007-01-11T13:06:00.000-08:00

I have been an attorney for close to twelve years now and one thing that has stayed constant is how completely off guard my clients were when they were arrested. As police resources are stretched further and further it appears more people are getting arrested with little supporting evidence, with their arrests largely based on simple allegations of criminal conduct.

Unfortunately, until our politicians see how important it is for our local law enforcement to be adequately funded in order to better do their jobs by fully investigating crimes BEFORE arresting someone; it is within all of our best interests to have a plan of attack should you be facing an arrest. When police are called they often talk to the alleged victim of the crime first and get their version of what happened. Many times these "victims" have grudges or have motivation to lie or over exaggerate facts. Officers for whatever reason are often forced to make a decision regarding arresting the alleged defendant with little or no supporting evidence; but simply have to make a judgment call in order to protect the alleged victim or "society" as a whole. Do these officers make mistakes, yes like everyone else they are human and can only do the best job possible with the resources they have.

Unfortunately what this means is, all someone has to do is make a relatively simple allegation of criminal conduct against you, and you can be sitting in a jail cell. Should this happen to you, it is best that you have a plan of attack, instead of relying the overburdened, antiquated system, better known as "justice." Once you are arrested you are generally brought before a "judge" within 48-72 hours after your arrest. However, you are often given the opportunity to pay money to the jailer and make a promise to appear in court at a later date (posting "bail" or a "bond.") This can cost you a great deal of money. Money, that if it is tight, may be better spent contacting an attorney, who may negotiate with the detectives on your matter or at the very least instruct you to the bail reduction department. Also posting bail does NOTHING to help fight your case.

In choosing an attorney it is best to do your research ahead of time. Once arrested, your arrest becomes a matter of public record and within less then a week numerous attorneys will PURCHASE this information on you and send numerous advertisements to your home. The best attorneys are usually the ones that will start working on your matter IMMEDIATELY; as in many cases, much can be done before you have to show up to court. You will also often be asked by detectives if you would like to make a statement about what happened or give your version of the events. As your words can easily be twisted around or you may have very limited knowledge of particular laws; it is almost always advisable not to give a statement UNLESS your attorney is present with you.

If you cannot afford an attorney one will be provided for you. Many public defenders are excellent attorneys who care deeply about their jobs and will do their best to help you. Unfortunately, as they have tremendous case loads, they too are often overburdened by the system and simply do not have the time to fully investigate or get your complete version of the events.

In this day and age where your criminal record pretty much can follow you around to one degree or another for the rest of your life, having a spot free criminal record can be a very important thing depending on your current or intended future occupation. This is also an extremely important consideration in determining how important hiring a private attorney is to you.

Also if you are arrested, one of the first things that will happen is your background will be checked to see if you have any existing warrants, past arrests or past convictions. These also play an important role on whether or not you will be held in custody or released.

If you have any further questions regarding this or any other legal matter please feel free to call the Law Offices of Carl Simons (310) 749-4LAW.

DWP: DRIVING WHILE PARTYING

2006-11-08T18:56:00.000-08:00

This column is not intended to endorse illegal activity or drug usage. It is however written to inform you of current legal predicaments you could be facing if you make the choice to use illegal and prescription substance and drive while certain substances still may be in your system.

Most of us know by now that it is illegal to drive with .08 or above alcohol levels in our bodies. But what most of us do not know, is there is an increasing trend of arrests being made where individuals are testing positive for other substances (i.e., Crystal Meth, Cocaine, Ecstasy, Opiates, sleeping pills, pain killers) who were stopped while driving and requested to take a blood test to see weather or not these substances were present in their bodies while they were driving.

The current blood tests given by LAPD/LASD generally will show a positive result for the above listed substances for up to 3 days after ingestion of these substances. If you were out at a club on Saturday night and chose to ingest one of these substances, and a police officer pulled you over on Monday and had reason to believe you were driving with an illegal substance in your system; he could request that you take a blood test, and it would very likely come back positive.

The unfortunate thing is that in California, we have something called the Implied Consent Law, which states that in order to drive in the State you MUST submit to a blood, breath or Urine test IF requested by a police officer. IF you refuse, you could loose your privilege to drive for 1 year or more. You MUST take one of these tests.

Local law enforcement is VERY aware of the pervasiveness of drug use in our community. They KNOW that the chances of arresting someone who has one of these substances in their body who is driving to or coming home from a party venue or club, is very high.

I have seen a number of cases lately where there was basically no solid reason to suspect the person was under the influence of one of these substances; yet they were asked to be tested. Additionally, I have seen a number of cases where people were charged with DUI even though their driving did NOT show any impairment, but simply because their tests came back positive.

How do you avoid all this drama? IF YOU ARE GOING TO PARTY, DO NOT DRIVE. TAKE A CAB. Most importantly, driving under the influence of drugs (including prescription drugs) can be extremely dangerous to you and those around you. Additionally, by taking a cab, not only will you and those around you be safer; but you will also minimize your likelihood of contact with law enforcement.

If you have questions regarding this or any other legal matter, please do not hesitate to contact me at (310) 749-4LAW.

MIND IF I TAKE A PEEK? WHAT TO DO WHEN A POLICE OFFICER ASKS TO SEARCH YOU OR YOUR VEHICLE

2006-09-26T07:52:00.000-07:00

Although these suggestions are based on how the system is supposed to work in "theory" the reality is that police officers can do anything they want to and some do not always follow the guidelines. However, like any other profession (lawyers, doctors, teachers, etc.) there are some bad apples who completely disregard the law in their pursuit of their job.

One of the most important things to remember is that IF a police officer asks to search you without arresting you, you can always say "NO." The first thing to do upon being asked to search you or your vehicle, is to ask the police officer, "Am I under arrest?" If the officer answers, ANYTHING but yes; you are free to decline the search. Regardless of promises to "go easy on you;" if you consent to a search and they fined something illegal in your possession, you will most likely be charged for the offense anyway.

Additionally, if the officer believes they are in danger or if they have "reason to believe you are carrying a weapon" they can search you. They are not supposed to search for items other then weapons or items that may be used as weapons.

You would be surprised at the number of people who would have avoided any criminal prosecution whatsoever if they simply would have said "no" to the initial request for a search. However, if you say "yes" to the search and they do find something illegal in your possession; you can be charged with a crime, as you consented to the warrantless search.

When you decline the search, clearly say to the officer a number of times, that you do not have any weapons on you, and you do not consent to the search. If you are lucky, there maybe be other witness around you who may also hear you say this. If the officer goes ahead and searches you without your consent; and finds something illegal in your possession; technically, the search is illegal and you cannot be convicted of that particular offense.

Lastly, there is something known as an "impound search." In Los Angeles County, many local ordinances will not allow police officers to leave your vehicle on the street, should they take you into custody. This is a very sneaky way of getting to search your vehicle without your consent. These ordinances state that prior to your vehicle being taken to the "police lot" for "safe keeping" while you are being booked or further interrogated; they can do an "inventory search" of your vehicle for "the protection of your property." Unfortunately courts have found these types of searches and any illegal evidence obtained during these searches to be completely legal.

Although these rules may be a bit confusing, the important thing to remember is that the police are supposed to be able reasonably demonstrate you have committed a crime, before they can arrest you. You are under no duty to help this process along.

2006-08-18T22:34:00.000-07:00

Do you really want to put THAT in writing? Internet Commuinication Safety

2006-08-15T08:54:00.000-07:00

For some reason, most people that communicate via the Internet or text message often forget to use their common sense. Maybe it comes from the early days of the Internet when we could all sign on with relative anonymity and communicate with others all over the world with that same anonymity. But those days are over. When communicating via instant message, email or text message a simple subpoena can get your name, address and phone number in a relative short period of time. For some reason most people seem to take a more casual tone when communicating via instant message, email or text message; but forget their statements are now memorialized and writing. And that is exactly where the problem lies.

Statements made in writing can easily be printed out, taken out of context and used against you. Common statements once made in jest can now be used to incriminate you or used to support others' law suits against you. Sexual innuendo often used by many people as simple flirtation or punctuation is now open for interpretation by readers the message was never intended to reach. Over exaggerated statements like "I'd kill you if you did that again" or "yeah I'd 'do' him" can easily be taken out of context and used as the basis for civil and criminal legal action.

This warning not only applies to "personal" communication but is even more apt for communication that occurs in a business setting. Many criminal matters I handle as well as civil matters now include emails, electronic communication, and copies of websites and pictures posted used as evidence in the case that is pending.

Additionally, on July 27th, 2006, President Bush signed H.R. 4472, The Adam Walsh Child Protection And Safety Act Of 2006. I urge you all to google this very important legislation and make yourself familiar with its provisions. In short, among a few other provisions, any website that has "sexually explicit imagery" must maintain records of those individuals depicted that have their name, date of birth and address. So, in theory if you have naked pictures of yourself posted on a website you could possibly subject yourself to the provisions of this law. How is this to be implemented you ask, as there are probably millions of such images all over the net; to that question I have no idea how the government plans on enforcing this law? I would also think there may be some constitutional issues as to freedom of speech rights that this law may infringe upon. However, you stand warned that this law is out there.

Finally, I have warned people for years now, to be very careful when sending out naked pictures of yourselves or sexually suggestive statements out over the net. Remember you have no idea who is on the receiving end of that email. As any experienced Internet person knows, many times the person on the other end of your communication is not "exactly" who you thought them to be.

My advice before sending an instant message, email or text message: do not be so hasty to hit the send button. Write what you want to write, then put it aside for a few minutes, reread it and think to yourself: "Is there anything in here that I do not want ANYONE else seeing? 'Could anything in this email be taken out of context if read by the wrong person?" If the answers to these questions are "yes' perhaps it may be better for you to pick up the phone and talk to the person, before you commit yourself to put these statements in writing.

If you have questions about this or any other legal matter please do not hesitate to contact my office at (310) 749-4LAW. Additionally, I have posted most of my old articles at FREELEGALINFO4U.BLOGSPOT. COM.

Controling Road Rage --- LET IT GO

2006-08-06T20:08:00.000-07:00

Last night, my partner and I were headed to one of our favorite post work out eateries here in LA. While patiently waiting for the person backing out of her parking space to leave, another individual came the opposite direction and grabbed the space we had been waiting for, for about 15 minutes.

My partner's and I first reactions, (as most people's would be...) was to get out of the car and tell the guy what we thought of his actions (and that's putting it mildly...). However, after numerous flashbacks in my head of clients who had been in similar situations and been arrested for their actions (one had punched the person and was arrested for battery; others had keyed the person's car and were arrested for vandalism; others exchanged nasty words, the individual then contacted the police and told them he was physically threatened) I tried to calm him and I down, and let the matter go.

We all know driving in LA can really suck at times. Many people are on their cell phones (which apparently soon may be against the law once this bill goes to the Govenator's desk), many do not pay attention to their driving, many do not have insurance or even have driver's licenses. However, I have witnessed and represented some pretty extreme behavior in order to retaliate for another's lack of courtesy while driving during my years on the road. The bottom line is, if someone does something to you that you feel was unwarranted, simply let it go. No, its not easy. But the consequences can be deadly.

A few weeks back, one of my favorite clients contacted me and told me about his recent road rage incident. I found the whole experience so bizarrely ironic, as road rage (which you will see was almost Justifiable in my book as you will see shortly) is what brought him to my office in the first place. "Mark" had originally, contacted me a few years back as he had seen my ads in IN LOS ANGELES, which his uncle had at his house. He was in the process of becoming a fireman with the LAFD. Unfortunately, he was recently arrested for battery which occurred during a road rage incident and now was not only facing this criminal charge, but if convicted would loose his job offer with LAFD.

Mark, although straight, was driving with his favorite Gay Uncle on Melrose Ave. when he was cut off a few times by 3 young guys in a truck. Each time they cut off Mark, they yelled "faggot" out the window at both Mark and his Uncle. Eventually this became too much for Mark, and he began following them and when they pulled into a parking lot; trapped them with his car and got out of his car and punched the driver in the mouth.

The individuals then copied down Mark's license plate number and contacted LAPD. Mark was arrested a few hours later he had left the scene. Luckily for Mark, after working with the district attorney's office and brokering a settlement, the matter was eventually dropped and Mark went on to become a firefighter with LAFD.

I found Mark's new situation all that bizarre as it was Him that was now the victim. Mark told me what had occurred the night before. He explained that while driving on the 110 Freeway, he had forgot to signal while making a lane change. The individual he had cut off, changed lanes, pulled next to him and fired 3 shoots into his car, narrowly missing his head and hitting the head rest on his car. He asked me if there was anything he could do to make sure these guys were prosecuted and I explained to him as a victim of a crime the best thing to do to ensure prosecution was to constantly be in touch with the district attorneys office and to go to the hearings in the case and make sure the Judge knew he was the victim.

The individual who shot at Mark explanation was simply that he shot at him because 'Mark had really pissed him off..." This individual is now being charged with attempted murder and will likely go to jail for a very very long time.

Simply put, if you are involved in a road rage situation, the best advice is to count to 10 and while counting, think of all the things that you could loose by your actions and reactions. Does it suck that people can be so uncourteous and selfish while driving? Yes, it does. But you have no idea how the other person will react to your reaction and in this day and age of such unpredictable behavior, its best to just walk away.

DEBUNKING SOME BASIC LEGAL MYTHS

2006-06-17T19:35:00.000-07:00

Its Summer of 2006 and the Supreme Court of the United States basically just decided that Law Enforcement does not have to follow basic long excepted procedure in order to search your house. It continues to amaze me at how our personal liberties and rights to privacy are literally disappearing daily and no one seems to care. Unfortunately its not until we are confronted face to face with the criminal justice system that we realize how truly messed up it is. We all watch WAY too much television and our knowledge of HOW our criminal justice system works and functions has largely been spoon fed to us not from school, lawyers or reality sources; but shows like OZ, CSI and Law and Order.

MYTH #1: JAIL IS NOT HOT, SEXY OR FUN. Despite what many of our porno movies and episodes of OZ have shown us; anyone who actually spent time in either a county, local or state penal institution will tell you that JAIL is living HELL. Lucky for our community, LA County Jail does have a "gay ward" where gay inmates are segregated from the general population. They are segregated because if they weren't many of us would get beaten to a pulp. However, the "gay ward" is still no Holiday Inn. As many of us have read, our local jail system is horribly over crowded and heaven forbid you are ill or have HIV Positive and are subjected to this place. Although recently I have found the local jail staffing to be OVER accommodating for people who are in custody with special needs; if you are in one of these places and do not have a private lawyer to help you through your "stay," your situation is grave indeed.

MYTH #2: POLICE HAVE TO INFORM YOU THEY ARE POLICE, WHEN ASKED. After working in the legal system for over 16 years now, it still amazes me of how much of the general population believe that Police Officers or other Law Enforcement members must disclose their status if simply asked. The myth clearly came from television as it is so totally illogical if you take the time to think about it; how would anyone ever get caught?

MYTH #3: POLICE NEED A "REASON" TO PULL YOU OVER OR QUESTION YOU. Yes, there is something called "probable cause" which states that Law Enforcement must technically have a reasonable belief as to criminal activity or the violation of some law to approach you. However, the court system has become so lax on this requirement; Law Enforcement can basically come up with any excuse should they choose to simply "mess" with you. I love it when I get attitude at parties or gatherings because I am a criminal defense attorney. Most people think they will NEVER have any interaction with someone of my ilk as their behavior is NEVER illegal. I then explain to them that 90% of my clients never thought they would ever be in my office and it could have to each and every one of them.

MYTH #4: THE CRIMINAL JUSTICE SYSTEM WORKS, IS FUNCTIONAL AND CAN BE RELIED UPON TO PROTECT "YOUR RIGHTS." As it stands today, the criminal justice system in LA County is on the verge of collapse. Although many of the people who work in this system both on the Government Sector and the Private Sector are doing their best to work "within" the system; many do not. I have personally witnessed situations where people were hauled off to jail based on simple mistakes, clerk errors or wrongful allegations made by people with a grudge. YES, you can easily become victim to these situations.

This list is far from exhausted. However, I think by reading this you get the idea. The best advice I can give, is to simply have a game plan in action should you get caught up in this system. Talk to your close friends and relatives and discuss with them YOUR wishes should you ever get caught up in this system. Have a lawyer in mind should you need one, and discuss this with your friends should you become be incapacitated to contact one.

If you have questions about this or any other legal matter please do not hesitate to contact my office at (310) 749-4LAW. Additionally, I have posted most of my old articles at FREELEGALINFO4U.BLOGSPOT. COM.

IF YOU GET STOPPED BY THE POLICE.....(CLICK ON IMAGE TO ENLARGE TO READABLE SIZE)

2006-05-19T17:15:00.000-07:00

Protecting YOUR Interests When Loaning Money To Friends

2006-05-18T22:18:00.000-07:00

With today's gas prices and crazy housing market many of us are short on cash. Worse yet is watching our partners, friends, loved ones and those less fortunate struggle with paying bills. Do we simply send them on their way and allow them to turn to high interest lenders or to legalized loan sharks or do we break down and help them out?

We have all heard the saying "never lend money to friends." However, its much easier to say, then to do. There is a safe effective way of doing this to protect your interest, if you do choose to help those around you out. The only truly secure way of lending someone money is to draft a formal note (you can even download this from a few sites on the net or have an attorney do it) and have it secured to a piece of the lendee's property. Anything short of that does open you up to some "risk." Securing your loan this way will protect you should your lendee later declare bankruptcy.

Many times those close to you are not requesting great sums of money and this "formal" type of loan may not be necessary as there is little to no risk of the individual declaring bankruptcy. In most cases it is still best to draft a simple document that states the main facts of the loan. The document would state the names of the parties involved, the date the loan took place, if interest is to be paid and how and when the loan was to be paid back. The note may also state that in the event that legal action is pursued to recover the monies lent, that the loosing party in the legal action will be responsible for the winning parties legal fees. That note will protect you for up to 4 years after the due date, should you choose to pursue the individual legally to get your money back. If the loan is for $7,500.00 or less you can even handle the matter yourself (with a little guidance) in small claims court should your friend choose not to pay you back.

This type of document also may be a bit intrusive for some; but in the long run, if there are problems getting paid back, you will thank yourself for having done it. IF this is still 'burdensome' on you, the final and MINIMAL resort should be to simply write a check for the loan. WHATEVER YOU DO, if you plan on ever having this amount paid back, DO NOT GIVE CASH to the individual. With a cash exchange if problems arise, it is much more difficult to prove the loan was a LOAN and not a gift.

If you write a check out to the individual and simply write in the note or memo section "Loan to X, to be paid back by Y date." That check in effect becomes evidence of an existing loan. Is it the best POSSIBLE evidence of a loan? No, it is not. But if problems arise in its repayment, you at least have solid written evidence signed by BOTH parties the shows the exact amount lent to the person and will most likely be able to get your money back.

Unfortunately, when we try to help our friends out we do not contemplate that we may have to resort to legal action to get repaid. However, in this case an once of prevention is worth a pound of cure.

If you have questions about this or any other legal matter please do not hesitate to contact my office at (310) 749-4LAW. Additionally, I have posted most of my old articles at FREELEGALINFO4U.BLOGSPOT. COM.

2006-05-10T07:02:00.000-07:00

Out Swimming The Sharks: Helpful tips when you HAVE to hire an Attorney

2006-04-20T16:33:00.000-07:00

Regardless of what most people believe, the best attorneys are not always exjudges, exmayors, exdistrict attorneys, outrageously expensive, or work for large well known law firms. Having worked in the legal "industry" for over 15 years now, I have found the best attorneys have the RARE ability to place YOUR legal matter and YOUR needs OVER their economic desires and ego.

When searching for an attorney it is imperative that YOU and YOUR ATTORNEY understand exactly what your needs are. Much like medicine, the legal field has become increasingly complex and specialized. Law is broken down into many different specialties, i.e. Criminal, Civil, Personal Injury, Bankruptcy, Real Estate, Family, etc., etc. It is important to search for the particular attorney that is knowledgeable and experienced in YOUR field.

Your relationship with your an attorney is an important and usually close one. You often share very personal information with them and being able to trust the one you hire is one of the most important considerations. When close friends ask me how I would go about choosing an attorney, I explain to them, that I would choose 2 or 3 who were referred to me by people I PERSONALLY know utilized their services. Simply KNOWING a particular attorney or having one in the family is simply not enough for me in this day and age.

As each attorney has their own style and personality, I would interview each of them and see which one best suited my needs. I would closely examine how accessible each ATTORNEY (and not their STAFF) was for me to communicate with; and if they seemed to truly care about what my legal needs and expected outcome was. I would see if their fees were "reasonable" for their particular knowledge, experience and years in practice. I would check CALBAR.ORG to see if they have ever been disciplined by the State Bar of California

Not a week goes by where I do not receive a phone call, from a Gay or Lesbian or Transgendered or HIV Positive person that was afraid to disclose some or all of this information to their attorney and let their attorney know of their needs in this regard. Why is this important? It is important as these qualifiers often can significantly effect your particular legal situation greatly.

Are GAY attorneys always the best attorneys for Gay people? No, they are not. Trust me, their are plenty of bad Gay attorneys, as there are plenty of bad heterosexual ones as well. But the best attorneys take the time to get to know you as a client and will NEVER treat you with disrespect and ignore your specific needs and those of your loved ones.

Perhaps the most important thing to remember is YOUR attorney works for YOU and not vice versa. They should not be difficult to get a hold of; should return your calls promptly and counsel you and take the time you pay for to keep you informed about your legal matter.

Transgendered Individuals and the Law

2006-03-27T14:20:00.000-08:00

Long before the popularity of Transamerica and Buck Angel (talk about your 21st Century Porn Star!) I have always had a special place in my heart for Transgenedered individuals. Unfortunately throughout my years of practice, I have seen over and over again just how unkind the law can be to this segment of our community.

My first trial as an attorney involved a "community" of individuals who sued the parents of a Transgendered individual for allowing her to live in their house. They called her presence a "nuisance" to the community at large; and attempted to use a law to prevent crack house property owners from allowing "undesirable" individuals on their property. I am still amazed at how society treats these individuals who already are putting up with psychological stress and strain few of us will ever encounter.

I have found that many Transgendered individuals often tollerate discrimination in employment and housing needlessly; as Transgendered individuals are often also covered by the same laws Gays and Lesbians rely upon.

Additiionally I have found that many Transgendered individuals often get entangled in the criminal justice system and often do not have the resources or support system to fight their way out. My office has always been open to these individuals for counsel and help.

In the event you are Transgendered and facing any jail time, Los Angeles County does segregate Transgendered (as well as Gay) inmates from the general population. Its also important to know that many drug, alcohol, domestic violence and other court ordered progams are out there that will accomodate the Transgendered Community. It is important to search these programs out and not simply tolerate intolerance.

Additionally, if you are court ordered into community service its important to know that this can be done with many Gay, Lesbian and Transgendered Organizations; however many times this has to be worked out with the court ahead of time. Also if you are ordered to do Cal Trans as part of your sentence; you may want to have the court know you are transgendered as the court may allow you to convert this to regular community service.

It is important to know that Transgendered individuals no longer have to tolerate social intolerance. However, in order to benefit from the programs and laws that are out there to help the Transgendered Community it is up to you to take full advantage of these and the resources the we all fought so hard to establish.

THE LAW THE INTERNET AND YOU

2006-02-24T08:44:00.000-08:00

Recently I have seen some of the most amazing things advertised for sale on the Internet. Pure and simple if activity is illegal to begin with, because the transaction takes place on the Internet does not make it magically legal. And yes these sites (be they underage porn, drugs, or advertisements for illegal services) are monitored by law enforcement.

Case in point drug sales. Whether for steroids or party drugs or prescription drugs(you buy WITHOUT A LEGAL PRESCRIPTION) you can find web sites that offer to sell all of these. The bottom line is, as the laws are written in California, the actual CRIME committed is for POSSESSION OF A CONTROLLED SUBSTNCE OR A NARCOTIC, they do not care where you got it from. Pure and simple what happens is the Feds and the Local Police work in tandem together. The Feds monitor the web site, bust them, then get their customer list. They then contact the local law enforcement for your area, and local law enforcement wait for the package to arrive.

Once you take possession of the package (and in cases I have handled, the cops simply followed the UPS or Fed Ex guy into the premises...) you can be arrested. I will be the first to say that most of the cases I have been involved with were people who had purchased more then 1 or 2 "doses" of a particular substance, but if you are buying illegal substances off the net you are subjecting yourself to arrest. Depending on the amount purchased you also may be subjecting yourself to charges either for possession or for intent to sell as well as possible Federal Crimes.

The reality is that most of these transactions do NOT get prosecuted simply because so much of this activity is going on, law enforcement can not keep up with it. However, we all take risks in life and some may not be worth more then others.

I also have seen drug sales offers take place in chat rooms, on sex web sites as well as on sites such as Craig's List. Some of these ads can be very creative. But in working with Narcotics Detectives for almost 10 years, these guys know all the lingo. My favorite ad recently advertised "1 ticket for the TINA concert for a good price." The ad went on to say that he had " 8th row seats for the best price."

Many police agencies, both local and federal now have Gay and Lesbian detectives and other employees on staff.who can easily decipher the lingo that is used in OUR community. I also know my share of Gay and Lesbian Prosecutors and Judges in the court system as well.

Additionally, offers to have sex for money is also illegal. Now offers for massage or payment for other services may not be. However, if you are offering a massage technically in some cities you may have to follow certain guidelines for the transaction to be legal. Yes, I know there are numerous web sites offering prostitution on the net. It still does not make the activity legal. The biggest problem is with these sites is that there are just so many people involved in this behavior it is impossible to enforce the laws against EVERYONE. Again this issue becomes...is it simply worth the risk of getting caught. Its no different then those going over the speed limit on the freeway, not everyone gets caught. BUT if you do, you can get yourself in a lot more trouble then just a speeding ticket.

Lastly, as more and more professions are requiring that you be licensed by the State of California; it is important to know that most licensing agencies in California will conduct their own separate investigations should you be arrested regardless if you are convicted of a crime. If you have or plan on having an occupation which requires you to have a license such as a teacher, real estate agent, nurse, doctor, dentist, etc, etc. you are subjecting yourself to these types of investigations should you be arrested. If you are under investigation by one of these boards you are entitled to an attorney and unlike a criminal court proceeding one will NOT be provided for you. In most cases it is a good idea that you have one or you may not get or keep the license you worked so hard for.

If you have questions about this or any other legal matter please do not hesitate to contact my office at (310) 749-4LAW. Additionally, I have posted most of my old articles at FREELEGALINFO4U.BLOGSPOT. COM.

Beware The Cyberpolice

2006-02-02T09:31:00.000-08:00

Without getting into great detail up front, if you are currently on the Internet and sending sexually suggestive pictures of yourself, others, or receiving these types of pictures of other people it is HIGHLY suggested that you stop doing this immediately.

Now, how do I make a statement like that WITHOUT sounding like a paranoid alarmist? What about my 1st amendment rights you say? I am basing this "suggestion” on a few cases that came into my office recently. It appears that federal and local law enforcement are having a grand ole time these days busting gay boys who happen to be lookin for a little lovin' in the privacy of their own homes.

Now can you be a martyr to the cause and challenge this suggestion? Sure, you can continue to do this - DEMAND YOUR FIRST AMMENDMENT RIGHTS; but also possibly face, an FBI inquiry, major stress and tumult in your life, loosing your job, potentially HUGE legal bills and of course the possibility of going to prison.

There is a huge myth out there that there is a "reasonable expectation of privacy" on the Internet. This is clearly erroneous. Law enforcement is not having a difficult time these days bringing minimum amounts of evidence into court and having judges issue warrants for peoples’ home computers, just looking for ANY sexual material to bust them on.

Although you may be aware of this, just for starters, the FBI has very sophisticated gadgetry which can completely restore your hard drive, should it once have contained illegal materials, even if they have been "deleted." They also have the ability to monitor your emails, web sites visited, instant messages, etc. etc. You can no longer take for granted that simply because you are in the privacy of your own home (or worse yet OFFICE) you can do whatever you wish on the Internet. Remember folks all it takes is a warrant or a subpoena and your anonymity is GONE!

Now, am I saying that these law enforcement agencies are bringing these matters with STRONG cases under their belts? No I am not. But in the past four months, I have seen three individual's lives almost destroyed by "simple investigations." A friend of mine called me recently and gave me this scenario:

While he was at work two FBI agents approached him and asked to talk to him. They took him into a room and began questioning him about ONE naked picture that he sent to someone almost two years ago. It turns out that the individual it was sent to was a minor who had obtained one of his older sibling's AOL sign ons and requested this picture.

When Mom and Dad signed on the computer and checked their old mail, they discovered the picture had been sent to their son and contacted the FBI. See how simple it is? Of course the minor has yet to admit he requested the picture and therein lies the impetus for "the simple investigation."

This individual has since lost his job due to the incredible suspicion the presence of the FBI agents caused and is still pending the decision on whether or not he will be charged with a criminal offense.

When you are talking on the internet, you have absolutely NO idea who you are talking to on the other side, be it minor, law enforcement agent, some other hot stud like yourself, or anything in between. There is a myth out there that individuals MUST disclose they are law enforcement if they are asked.

I am not saying that there is clear criminal liability should you unknowingly send a sexually explicit picture to a minor. In theory there is not. But is it worth the risk to HAVE to prove you had no knowledge of this in a court of law?

Additionally, it is important to note what happens when you receive a sexually suggestive picture of a possibly underage individual an email. Although you did not request that picture, technically being in mere possession of the picture is against the law.

However, if you are in the habit of collecting pictures of underage individuals (or pics of people who even resemble underage individuals) or visit web sites where other people who are into underage individuals are drawn to; do not be surprised if you find yourself under surveillance, investigation and maybe one day under arrest.

You may never really have the intent of having sex with an underage individual and it may just be a "fantasy trip," however, this matters little to law enforcement.

Let the user beware.

Carl Simons is an attorney practicing criminal and general civil practice at the Law Offices of Carl Simons located in Century City, Irvine, and Long Beach. If you have any questions regarding this or any other legal matter, please feel free to contact him at (310) 749-4LAW.

CLEARING YOUR CRIMINAL RECORD

2006-02-01T19:55:00.000-08:00

More and more companies are requiring criminal background checks of their prospective employees. The best time to deal with any possible blemishes on your criminal record is NOW; before any potential job opportunities as put in jeopardy. As the entire process can take anywhere from 2 weeks to 3 months, the best time to clean up your record is before it comes into question.

Finding ANYONE'S criminal record these days is as easy as signing onto the internet, finding the right site, paying their fees and any stranger has free reign to view your past indiscretions. People subjected to 290 registration maybe hassled by neighbors or discriminated against by their employers for their entire lives, unless the appropriate legal action is taken.

Your criminal history (any conviction of a misdemeanor or felony) is technically a matter of public record for anyone to see for up to seven years after your conviction. After 7 years it is supposed to "fall off" but this is not the same legal effect as an expungement. Many times crimes will stay on your public record "rap sheet' long after they were supposed to have been taken off. These convictions and your entire criminal history remains on your Department of Justice rap sheet for the rest of your life.

California Penal Code Section 1203.4 (expungement motion) allows for people who have satisfactorily completed their probation to apply to the courts to have their guilty (or no contest) pleas withdrawn, their convictions set aside, and their cases dismissed. The effect being that many background checks that search only for convictions will wipe your matter clear from their data banks. Other background check search engines will at least show the complete history of your matter, with the final entry being, guilty plea withdrawn, conviction set aside, CASE DISMISSED.

Most importantly, EXCEPT for applications for state licenses or government positions (in those situations you must state your complete history of the matter) if a motion for expungement is granted, you may fill out employment applications and legally say that you do not have any convictions on your record. The filing of an expungement motion is largely an important "clean up matter" should you have any criminal convictions, you may expunge felonies as well as misdemeanors. If your conviction occurred over 7 years ago and you have not filed an expungement motion legally you must still disclose the conviction, even if you believe it may have fallen off your record.

Certain crimes subject to Section 290 registration can technically be a matter of public record for the rest of your life, unless you file the appropriate documentation with the court and have it granted. Depending on the crime, if either 7 or 10 years have elapsed since you were subject to 290 registration, you may apply to the court to end having to complete this registration.

A competent attorney can help you with these motions and help clear off the lingering effects of your past criminal indiscretions; and save you the embarrassment of having to explain the entire situation to your potential employer.

If you have any questions regarding such actions or any other legal matter feel free to contact my office at (310) 749-4529

Use Your Discretion

2006-02-01T19:53:00.000-08:00

This column is in no way intended as an endorsement of the use of illegal substances and is general information and should not be considered legal advice .

A few years back, I was parking my car next to a local dance club here in LA. As I was walking to the club, I passed by a parked car on a MAJOR street with three guys in it measuring their doses of what appeared to me to be GHB. Being the nosey attorney that I am, I tapped on the window. They rolled it down and I calmly said, "You know, if I can see you doing this, so can the LAPD." All three simultaneously said "Fuck-off." I pulled out a business card and responded, "You’re probably going to need this one day...".

That night, I began to notice, just how much illegal drugs have become part of our community; and how most of us want to ignore the fact that although extremely popular, party drugs are still ILLEGAL. I was fortunate to come out at a very young age and have been going to clubs since I was about sixteen. I remember a time when discretion in party drug use was adhered to because people were afraid of getting arrested. Because of their popularity in clubs and wide spread use in the community, it appears most people forget about the possible long term consequences to their life, finances and occupations if they are arrested; and often, place themselves in jeopardy of this occurring. .

Many of us in clubs and at events have worked very hard in life and value our jobs and professions. We work hard all week and look forward to these events so we can just let off some steam. However, most people do not realize that if you are a licensed professional (lawyer, doctor, professional driver, real estate agent, etc., etc.); have a position with a major company; or have plans of being in one of these jobs one day - having a drug conviction on your record is something that may follow you the rest of your life and severely limit your occupational goals.

Police and Federal Agents are not stupid. They know exactly what is going on in our community and in the night club community as a whole. Driving while intoxicated, doing drugs openly in neighborhoods near our hang outs, overdosing in clubs, sending drugs through the mail, and other various lacks of discretion are most common ways people get arrested. If you "choose to use," simply do so wisely, and with moderation and discretion.

The majority of arrests occur either before you get to an event or after you leave an event. Public policy has law enforcement out there specifically to prevent you from not only placing yourself in danger but also from being a danger to others by driving while intoxicated or “under the influence of a substance.” If you are potentially going to be using an illegal substance and live in a city where public transport is out of the question, it’s always best to take a taxi.

If you are unlucky enough to get arrested for having "controlled substances," on your person, law enforcement and the courts generally look at one major factor in deciding what charges will be brought against you: the amount found on you or in your "control" at the time of your arrest. It makes no difference to them whether or not you intended on selling this substance or not. If you have more then 1 or 2 doses of a particular drug, it is highly likely they will attempt to charge you with a possession for sales charge instead of a possession for use charge. As you can well imagine, a "sales" charge is a great deal more serious then a "use" charge with much stronger penalties.

If you are arrested for being under the influence and/or possession of a small amount of drugs the good news is California has a drug "diversion" program which allow an individual with a "use" charge to have his or her matter dismissed upon completion of a drug treatment program. These programs are very specific as to who may get in and what charges apply. Diversion is not a matter of right, and in many cases it is up to the court's discretion to allow you into one of these programs.

Lastly, if you are HIV positive and you are arrested, you are running the danger of literally shortening your life. Although the jail and prison systems will not admit it, HIV positive individuals who are incarcerated do not receive adequate medical treatment. Generally you can be held in custody up to 72 hrs (that is NOT including weekends or holidays) if you are arrested, before you will see a judge and be notified of the charges against you (be "arraigned"). If you are on medications, it is likely you will not be receiving those meds for at least that period of time (and longer should you be sentenced to custody time).

Carl Simons is an attorney in the Southern California area, with offices in Los Angeles, and Irvine. If you have questions about this, or any other legal matter feel free to contact me at (310) 749-4529.

You're Under Arrest: Now What?

2006-01-28T23:29:00.000-08:00

I have yet to have a client who wasn't completely caught off guard when they were arrested. Most "law abiding citizens" break the law every single day (do you always drive the speed limit?). Granted, you will not get arrested for speeding; however, many of us have had one too many drinks or have ingested controlled substances which could put us at risk for being arrested.

Once you're arrested it's important to be respectful with those who are handling you regardless of their attitude toward you. The officers who arrested you can make your experience a great deal easier or make it a living hell depending upon your attitude.

Depending on the offense you were arrested for, the arresting agency will determine the necessity and amount of bail according to a "predetermined" bail schedule depending upon the seriousness of the offense, your likelihood of showing up to court, your potential danger to the community, etc. The arresting agency will also run your name to see if you are on probation on another case, have any outstanding traffic or other warrants or holds. If you have these, bail may be denied entirely and you generally will be brought before a judge within 48 hours (not including weekends).

Once your bail is established, it would generally be worth your time and effort to contact the probation department to see if you qualify for a bail reduction or an own recognizance release ("O.R." release -- release without paying bail). This phone number is generally posted on most jail walls. It takes aproximately 24-hours to process this procedure; however, if you do qualify for it, you can often save yourself thousands in bail bond fees -- money that may be better spent latter for attorney fees, court costs, etc.

Once your bail is set, you have a few options. The most cost-effective would be to contact an attorney and have him appear with you at your initial hearing and try to have you released O.R. or at least try to have your bail significantly reduced. That hearing date is generally within one to three days after your initial arrest. You can also pay the entire bail. You give the exact amount to the court which they hold on to until the end of your case; or pay a bail bond person a fee (generally 10 percent of the established bail) to give the bail amount to the court (however, any fee you pay the bail bond person is nonrefundable).

Getting arrested is an extremely stressful experience. However, it is important that you make the right decisions calmly and are aware of the potential costs and use your resources wisely. Additionally, it is very important that you clear up any outstanding traffic warrants or other arrest warrants that may exist as they will prevent you from being released.

If you have any questions regarding this or any other mattter contact Carl Simons, attorney at law (310) 749-4529.

Driving Under The Influence

2006-01-28T08:33:00.000-08:00

You can legally operate a motor vehicle with alcohol in your system -- technically you must be at .08 percent or above to be considered DUI. However, if you are operating a motor vehicle and you have any measurable amount of narcotics (recreational or prescription) in your blood and this is discovered by law enforcement, you are also DUI. There is no minimum amount requirement, and the test given will show narcotics that you have ingested up to three or more days prior to the date of the test.

Before getting behind the wheel of an automobile, listen to your intuition. If while at a holiday party, you consumed more than two drinks or any other substances, have someone else drive. If you still choose to drive and have contact with the police, it's best to treat them with respect. Remember officers are enforcing the laws, they do not make the laws, and they are the ones that make the decisions to ticket you, arrest you, or let you go.

In order for an officer to make initial contact with you, they are legally supposed to have "probable cause," which is legalese for a "reasonable" belief that you have committed some type of legal offense or vehicle code violation. Probable cause is not a difficult burden to overcome, it can be anything from speeding (even one mile over the speed limit), excessive lane changes (easily described as "weaving"), a missing front license plate, or burned out head taillight.

Once the officer makes contact with you, they are determining what other types of offenses may have been committed. Legally, they may question you; do a "plain view search" of your vehicle (anything within plain view that may be a violation is fair game, i.e. the bumper or roach in the ashtray); they also may rely on their senses (i.e. odor of alcohol or marijuana) in their determination if you have committed a legal offense.

When the police make contact with you, you are under no legal requirement to speak with them. In fact anything you say or do prior to your arrest by them can and will be used against you in their case should you be arrested. However, if the officer requests that you take a blood, breath, or urine test you must not refuse to take the test, or you run the risk of loosing your privilege to drive in California for a year or more

Most people think if they cooperate with the police, answer their questions, do their field sobriety tests, etc., the cops will go easy on them. However, the reality is if you are DUI and know it, you are simply giving them more evidence to prove their case against you.

Most people are familiar with their Miranda rights -- but what most of us believe about Miranda is incorrect. Not being read your Miranda rights is insufficient grounds for dismissal of any case against you. Miranda only comes into play once you have been arrested, and only has to do with what evidence the prosecution may or may not use against you at trial. Officers question you and make decisions prior to arresting you. They generally gather their case against you prior to your arrest, therefore anything you say after your arrest is relatively unimportant in their prosecution of their case against you.

If you are arrested for a DUI, it's extremely important that you contact an attorney immediately to discuss your options. In a nutshell, you have two actions going on against you: one by the criminal court and one by the DMV, who will try and have your driver's license suspended. In the DMV matter, you have only 10 days from the date of arrest to act upon the DMV suspension or your license will be automatically suspended.

If you have any legal questions regarding this or any other pending legal matter please contact the Law Offices of Carl Simons at (310) 749-4LAW.

2006-01-27T17:49:00.000-08:00

Protecting yourself and your partner: Marriage/Domestic Partnership Rights and Responsibilities

2006-01-27T10:32:00.000-08:00

For years now I have explained to the Gay and Lesbian Community that although in the State of California we did not have the legal right to "marry" each other YET,we have always had the right to contract with one another and define the parameters of our relationships through various legal documents.

Although I personally continue to support our right to marry; I have and continue to encourage members of our community to take care of our personal business; or else it will be taken care of in ways we may not agree with.

Even without the right to marry, it is important to know, we have the ability to have attorneys draft domestic partnership agreements that outline how we merge our properties together and how we should split up property should the relationship fail. We have the ability to draft powers of attorney directing how and who is to take care of us should we become medically or mentally incapacitated. We also have the ability to draft wills and trusts to direct how we wish to distribute our estates should something happen to us. We also have the ability to decide how to hold our real property, whether as sole owners, joint tenants or tenants in common. Additionally, if we choose to have our partners, or even our friends be our beneficiaries instead of our blood relatives on our life insurance policies, these wishes will also be granted.

If you are entering into a domestic partnership with an individual and there are property rights involved its a good idea to consult with an attorney to best decide how to protect your interest as well as your partners. It is important to understand that laws regarding our relationships are changing all over the country as well as in California. With these laws come new rights and responsibilities should the relationship end.

Additionally it is important to know that the laws in California changed drastically last year regarding domestic partnerships and if you have registered your partnership as "a legally recognized domestic partnership." Although Gay and Lesbian people still do not have the FULL right to marry (it is only a matter of time, however until this is granted as well) we are NOW subject to many of the same laws and legal responsibilities should a relationship break up.

Although many domestic partnership laws have yet to be tested in the courts, few people have the expenses to afford long legal battles and attorney fees during a relationship dissolution (divorce). It is in this regard that is important to consider hiring 1 attorney to act as a mediator should your relationship end and there be property issues unresolved in lieu of delving into the extremely expensive "Family Court" system.

A legal mediator will sit down with both partners, analyze each person's contribution to the relationship and in most cases come up with an amicable dissolution of the relationship and property distribution without the cost of utilizing TWO attorneys and the court system.

Although we rarely give thought to the legal ramifications of end of our relationships, it is important to understand that our relationships have been now legally recognized on some level and with that recognition have come some important responsibilities.

These suggestions are in no way meant as a substitution for good solid legal advice from a professional, as each individual case may vary. If you have questions regarding this or any other legal matter, feel free to contact the Law Office Of Carl Simons at (310) 749-4LAW.