California Penal Code 17(b) allows for certain felonies to be reduced to misdemeanors.  Under Section 17(b), such felonies can be reduced to misdemeanors before or after sentencing.  The timing of a charge reduction can be crucial.  For instance, a domestic violence incident charged as a felony under P.C. 273.5 is a “strike” offense. If the […]

They didn’t read me my rights! Shouldn’t my case be thrown out? The above questions are ones California defense lawyers hear rather frequently during initial interviews with new clients. The short answer is: It depends. As a result of a Supreme Court case entitled Ernesto Miranda v. Arizona, law enforcement officers are required to give […]

If you are contemplating getting a divorce but haven’t started the process, this blog will tell you what forms you need to start the process.  All the forms described below can be found on the California Courts website, www.courts.ca.gov. Once you are on the site, clink on the gray “Forms and Rules” tab at the […]

In recent months, I have had the opportunity to represent teenage mothers caught in custody disputes.  On two occasions, the father was refusing to return the infants to the mothers.  The teenage mothers asked the police for help but the police were unable to help given that there were no court orders.   The following information […]

  I get asked this question at least 5 times a day.  And it is an important question.  It may well decide what happens, and what eventually happens to you and your children.  Having said that, 99% of the time I recommend that parents NOT talk to social workers.  And this advice is not the […]

Joint suspension is a term frequently mouthed by defendants sitting in jail and attending proceedings in local courthouses. People facing felony charges commonly look at joint suspensions as a good solution to their current problems in the legal system, however, defense lawyers don’t always share that opinion. A joint suspension can commence when a defendant […]

The First Hearing:  The Arraignment Detention Hearing Once the social worker’s investigation of alleged child abuse or neglect is completed, in most situations the social worker may file a request with the juvenile court for a warrant or court order to take away your child/ren.  This is known as “detaining” or “taking your children into […]

In recent months, I have had the opportunity to represent teenage fathers caught in custody disputes.  The scenario I have encountered is a teenage couple breaks up and the mother starts denying father visitation with the children. YOU ARE ENTITLED TO 50/50 Although some might still believe that a mother’s rights are superior to the […]

Ten New Tax Changes That You Should Be Aware of Before Filing Your 2013 Tax Return The new tax season has arrived! The IRS will not start processing tax returns until January 31, 2014 but taxpayers are still encouraged to begin preparing their returns in anticipation of the processing date. There are numerous tax law […]

HOW DOES THE COURT CALCULATE CHILD SUPPORT Many clients are confused about how child support is calculated and what factors are considered, the following is a brief explanation. CHILD SUPPORT IS CALCULATED USING A COMPUTER PROGRAM Attorneys and judges use a computer program to calculate child support and spousal support.  The most common are Dissomaster […]

Preparing for a Custody Evaluation Hearing In many cases where a change in the child custody and visitation schedule is sought, the court would order a custody evaluation hearing. At such a hearing, the parents of the child and the child(ren) are interviewed by an independent evaluator. The parents’ new partners, certain relatives and other […]