California Criminal Defense & Family Law Blog
Monthly Archives: December 2009
What if the cops searched my car without my consent during a traffic stop? Do I have rights?
December 30, 2009
Yes, you do have rights. The police are only allowed to search your car under limited exceptions which a lawyer can best advise you on. When you are facing a criminal case there are many protections that allow the cops … Continue reading
Posted in Criminal Defense, Drug Charges, Vehicle Code Violation Tagged 4th amendment, detention, illegal search, illegal seizure, paraphernalia, vehicle stop Leave a comment
Can the court look at my new spouse’s income when determining what child support my ex-spouse should pay?
December 27, 2009
NO, unless under a very narrow exception of extreme hardship, the court cannot look at your new spouses income in calculating the amount your ex-spouse should pay in child support. After a divorce or when there are children involved in … Continue reading
Posted in Child Custody, Child Support, Divorce, Family Law Tagged Child Custody, Child Support, Divorce Leave a comment
What Are My Rights if I Owned A Business Before My Marriage But Worked At It During The Marriage? What Could The Court Do?
December 23, 2009
Your rights to the business that you owned prior to marriage but worked at during marriage would depend on a few different factors, as explained below, but you do have rights! In California, the courts apply different formulas to deal … Continue reading
Posted in Community Property, Divorce Tagged business purchased before marriage, Divorce, separate property business Leave a comment
What if my previous lawyer failed to do work on my divorce case? Can the court hold that against me?
December 22, 2009
If your previous lawyer failed to adequately represent you in your case you still have rights but the court may mistakenly hold it against you in your case and order you to pay attorneys fees, sanctions, or other penalties by … Continue reading
Posted in Divorce, Family Law Tagged attorney negligence, Divorce, Family Law Leave a comment
What If I’m Making Payments on Debt That Me And My Ex-Wife or Ex-Husband Accumulated During The Marriage?
December 18, 2009
An Ex-Wife or Ex-Husband Who Makes Payments On Community Property Debt During A Divorce Case Will Be Reimbursed For Those Payments By The Other Spouse. Many times when couples separate there are issues with community money being used to pay … Continue reading
Posted in Community Property, Divorce Tagged Community Property, Divorce, epstein credits, reimbursement, separate property Leave a comment
How Can I Get An Annulment?
December 15, 2009
You Can Get An Annulment Of Your Marriage If The Marriage Was Based Upon Fraud Often times when a party is seeking a permanent separation from their spouse they would prefer it if the marriage had never existed. Legally that … Continue reading
Posted in Annulment, Divorce Tagged Annulment, Divorce, fraud Leave a comment
If I Can’t Afford An Attorney For My Divorce, Do I Have Any Options To Get An Attorney?
December 14, 2009
Yes, You Have Options To Get An Attorney If You Cannot Afford One In Your Divorce Case! Often times when you are considering a divorce there are financial burdens that make hiring an attorney seem impossible due to the expenses … Continue reading
Posted in Attorney's Fees, Divorce, Family Law, Spousal Support Tagged Attorney's Fees, Divorce, support Leave a comment
Can I Be Charged With Criminal Threats Even If I Don’t Live Near The Alleged Victim And Those Threats Were Supposedly Made While I Lived In Another State?
December 10, 2009
You Can Be Charged, And Convicted, Of Criminal Threats Even If You Make Threats From Another State Criminal threats, under California Penal Code Section 422, Any person who willfully threatens to commit a crime which will result in death or … Continue reading
Posted in Criminal Defense, Criminal Threats, Felony, Misdemeanor Tagged Criminal Threats Leave a comment
Client Charged With Trespassing And Vandalism Gets Case Dismissed
December 8, 2009
“I hired Michael after being charged with trespassing and vandalism for a case out of the Harbor Justice Center in Newport Beach, CA. I was facing possible jail time and even a one year suspension of my license. However, Michael … Continue reading
Posted in Testimonials Tagged case dismissed, trespass, vandalism Leave a comment
Can I Get Child Support In California If The Child Lives With Me In Another Country?
December 6, 2009
California Superior Courts Have Jurisdiction Over Child Support Cases Even If The Children Are Living Abroad Child support and child custody are two important aspects that arise in divorce cases where children are involved. Child support refers to the monetary … Continue reading
Posted in Child Custody, Child Support, Divorce Tagged Child Custody, Child Support, divorce lawyer, jurisdiction Leave a comment
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