I heard that I could apply for a certificate of rehabilitation after a certain number of years, and was wondering if the 5 years CA residency requirement means I must show I have lived in CA for five years, or that I have lived in CA for five year...
I must agree with my colleagues here. The issue, generally speaking, would revolve around the time of the filing of the Petition in your effort to obtain any sort of Certificate of Rehabilitation, and would not be determined based on the time you completed your probation. Did you have an attorney who represented you in the underlying case? If so, as a matter of good business and being a good person, I would think he or she would be happy to offer you free guidance on this issue and possibly confirm or deny the accuracy of the information we have provided for you here. Remember, we know very little about the details of your situation, as opposed to your prior counsel (assuming you had one) who presumably has intimate and intricate knowledge of the facts, details, politics potentially involved, etc., and if not, would be in the bets position to quickly acquire that information for you. You can also request a complete copy of your entire file held by any attorney who represented you on that case (or any case for that matter).
I hope this information has been helpful and wish you the best of luck.
A judge cut of plantiff's opening statement by saying ' I don't want to hear that ". And that part was the critical part of the case. Does he violate the First Amendment?
I am a bit confused but let me see if I can offer some insightful information (obviously if you want legal advice you must immediately contact an attorney to obtain it; all information given here is only for purposes of attempting to be helpful and for informational purposes only).
First, you indicate that the judge (I am going to presume we are dealing with a standard 12 jury civil litigation matter in Los Angele County for now; the rules/procedures may be different elsewhere) "cut off an opening statement because he does not want to hear an ARGUMENT." (emphasis added to last word). I emphasized that word because the judge is absolutely correct in my opinion in that opening argument, while ironically containing the term argument within its title, is NOT the time for argument. It is a time to present to the trier of fact (in this case either a jury or judge it seems) the entire summary or importtant points of your case that you intend to show and prove to the jury. It is factual in nature. The moment you start letting litigants or lawyers start actually doing their argument (which there is plenty of much better placed time for at the end of the case in "closing arguments"), you have instantly violated a fundamental part of the trial process and gone too far. In many cases, the judge would be well within his/her bounds to have declared a mistrial as you cannot "unring the bell" once certain things, especially contentious, argumentative and issues of great dispute, are said in front of the jury.
Also, and I do not profess to be a Constitutional Scholar although I handle quite a bit of civil rights matters, as best as I can tell, your first amendment rights stop at the courtroom entrance. Should you doubt that, try telling the judge an insulting comment about his mother or spouse for example and watch how fast you wind up in contempt and likely jailed. OBVIOUSLY i was making an extreme example to illustrate a point. I do not believe you have your first amendment rights in a courtroom with the judge to the full extent you normally do (just like you can never yell fire in a crowded movie theater despite your first amendment right being in place); I feel you waive your right, to a degree, to have the right to free speech by availing yourself to the Court system (which, in many cases, the term Court itself is used to refer to the Judge and many judges won't speak of themselves in the first person but rather make comments like "After careful review, the Court hereby finds that there is substantial evidence to support an order of contempt against the Plaintiff and the Court overrules and disagrees with the argument made by Plaintiff that he was simply exercising his constitutional rights when he extended his middle finger towards the Court after previously being admonished by the Court to treat the entire Court and its staff with respect and to show respect for the entire judicial system...". The judge would be more clear and sincere in my opinion if stating the same hypothetical in the following manner: "I will not hear another word on this matter and no argument will be entertained by or for the Plaintiff at this time; I have made up my mind and hereby issue the following Order of this Court, to become effective immediately: I (Judge Joe Shmoe Smith) have had enough of your lip and smart mouth; and I clearly warned you to be careful how you acted in my courtroom. I told you what would happen if you disrespected me or this Courtroom or staff one more time Mr. Jones, and you don't seem to be very good at listening. I therefore hold you in contempt of court and sentence you to be taken into custody at this time to spend the next 24 hours in jail, as well as pay the court fines/sanctions in the amount of $1,000.00 withing two weeks from today. Mr. Jones, I sure hope you enjoy the next 24 hours and that you educate yourself on many things, especially the rules applicable to my courtroom and the limits on free speech in my courtroom.See question
I filed to be able to get a drug testing ordered by court, and to possibly change pickup/dropoff time. I was told itd be dismissed if I didnt show, but he had them change the agreement to later time, unsupervised and many other things! This canno...
Just to be clear, when you say "but he had them change the agreement..." are you referring to the judge, your opposing party, or who? I don't feel it is appropriate for me to speculate as to who you mean and unfortunately I cannot provide a meaningful response without either totally misleading or confusing you or until I get that information so I know all pertinent facts and there is no confusion as to what your legal issue is.
Generally, however, I always recommend looking at Calfiornia Code of Civil Procedure Section 473 if you are looking to have an order or judgmnent set aside, modified, or otherwise changed after the judge has ruled on i. So long as your failure to appear or comply in any way as you were supposed to was the result of mistake, inadvertence, excusable neglect, orSee question
I've been a nanny for the past 12+ months. The family pays in cash without taxes being withheld. We got onto this topic last week and the mom said that I am doing something illegal not them. This week I told them I'll pay taxes, no problem. They w...
I don't want to be the bearer of bad news, and you definitely should seek further assistance from an experienced attorney, but it sounds like you both may be liable (or perhaps even that everyone has violated laws or committed crimes) for at least a few reasons. If you both went the cash payment route knowing you would not be properly notifying and likely paying the IRS money as you are required to, then you both likely have committed tax fraud. Your employer is also guilty it sounds of violating the Minimum Wage laws and perhaps other laws, states, or regulations.
Because of the potential seriousness here, I recommend immediately finding an attorney and perhaps accountant to ensure you are complying with all relevant laws and making sure you are not going to be exposed to potential criminal or civil liability relating to these matters. Once you have done that you can still go after your employer for any damages you sustained due to employer misconduct, or you may decide it was a lesson learned and move on. You should also have an attorney advise you as to what actions and positions you should or should not utilize with regard to your current and pressing employment circumstances and pending decisions as to how to move forward in the immediate future.
Glad to see you reaching out for help here. Hope this and other answers gave you some guidance.
Matthew Paul KrupnickSee question
The fees for the trial transcript were paid when the motion of a new trial was filed. The motion was denied. Now considering an appeal. Is there any additional fees need to be paid for the trial transcript again if the appeal would be filed?
I am not sure I understand your question. But basically if you have paid for testimony already once you shouldn't in most cases have to pay that fee for the same transcript again (unless you needed an "official" transcript that has never been oppened for example). If it is new testimony not yet paid for then you would likely have to pay for it.
Never hurts to talk to the reporter and let them know your situtaton and ask if they can work with you on the fee. Best of luck either way.
Matthew Paul KrupnickSee question
Both my spouse and I are represented in a divorce. My spouse is being difficult and my attorney is refusing to document the bad conduct in a letter to opposing counsel, with the excuse that he is trying to maintain an amicable relationship with op...
That is a very good question. I do not know of law directly on point for this, or perhaps it is just not something I have ever run into in practice. Based on the basic Rules of Professional Conduct and Local Rules for Los Angeles County, I think the answer is fairly simple. Yes, I believe you are able to send the letter to opposing counsel. The trickier answer is whether opposing counsel can or should respond to you or your attorney at all. However, for purposes of documenting what is taking place, your solution is better than total silence. And if you send to your lawyer and opposing counsel, you will likely FORCE a dialog between the two lawyers whether they like it or not. I actually think your idea is a good one personally. Other attorneys may disagree. I would like to review your file and prior correspondence between counsel, as well as know who your judge is and what court you are in.
In addition, you may want to write a letter first to your attorney advising him clearly that you disagree with his silence and the grounds he has given you. I would advise him that you are going to have no choice but to send your own letter (perhaps send a draft or copy of it with this letter to show what you intend to send) to make a record of what is going on as you do not want the case damaged or your position weakened based on the attorney's quest to make new friends in his practice. You could give a short period to respond and advise that your letter will go out within a certain time frame if you don't receive a response from your attorney ensuring that an appropriate course of action will be taken in a time frame agreeable to you. Then if no response, you can send your letter and have a sense of relief in knowing you did all you could do to simply have the facts documented by counsel, or if not, show why you had to do what you did when all else failed.
Matthew Paul Krupnick, Esq.See question
My understanding is that price discrimination is frequently legal when justified by market segment or bulk discounts or on another basis. I've never heard complaints about Home Depot giving veterans a ten-percent discount or Metropolitan Theaters...
Unfortunately, this is what comes with living in a "free country". They can charge what they want, and you can decide to not give them a penny. Doesn't sound like any Civil Rights were violated here. But best of luck to you.
I was let go from my job for performance a month ago. I do not agree with the reason because I feel as if it was more discrimination because I'm a female. I am a financial aid director and was never written up about any aspect of my job that neede...
The short answer: yes. Of course. The tougher question is will you prevail... My colleagues have provided great information to address that issue. Best of luck.See question
I work for 99 cent store As a cashier an the morning and my mom works evening shift for 2 years. We got new manger and she brought a guy that she is in a relationship with him and made him a 3rd manager. One day he was doing cash out and he touch...
If what you say is true, you have a potentially excellent case against your employer for sexual harassment, negligence, negligent hiring, training and retention, ratification, intentional and negligent infliction of emotional distress and more. Act fast. Don't delay. Document as much as possible and continue to make written complaints. Finally, contact a lawyer asap who handles these types of cases. They are never easy, but if handled right can be very serious and large value cases.
Matthew Paul Krupnick