Skip to main content
Darrell Jon York

Darrell York’s Answers

112 total


  • Request move-away in responsive declaration to OSC re: custody or in separate OSC?

    My ex and I were not married. We have no existing orders. Our 16 month old daughter lives with me and he has visitation. He filed an OSC for custody/visitation and our court date is coming up soon. I would like the court to let our daughter and...

    Darrell’s Answer

    You need to consult and hire an experienced family law attorney. Move aways can be involved.

    See question 
  • Non-appearance in civil suit

    A relative caused serious injuries to me and other people in a car accident and left the country to avoid liabilities. They received summons from other plaintiffs and filed a response. In my case that was served months later, they were served pers...

    Darrell’s Answer

    You need to go get a default judgment and then try and collect on it. You can try and get them to appear on a debtors examination to ascertain their assets but good luck if they are out of the country. Sounds as if you will have a judgment that is worthless.

    You cannot obtain a warrant and no criminal charges will be filed.

    See question 
  • Legal Malpractice stemming from DUI

    I was involved in a DUI case which had a hit and run. I damaged cars as well as totaled the car I was driving. My BAC was high and I was under the legal age at the time. My lawyer negotiated a plea bargain and the hit and run charges were dropped,...

    Darrell’s Answer

    Instead of spending your time trying to go after your criminal attorney, you need to contact an insurance coverage attorney to assist you in the interpretation of your policy. I have never heard of a policy denying coverage due to a DUI or because you were under 25. I have represented many in DUI cases and collisions and their policies always paid for the other parties damages.

    See question 
  • What to do

    In a somewhat unrelated matter I just discovered that during a criminal matter, the city attorney, told my lawyer that he would add four serious charges if I didn't plea to "diversion". My lawyer never told me this but I didn't plea and won at tr...

    Darrell’s Answer

    It is ineffective assistance of counsel, see my recent blog on new case from supreme court relating to requirement to convey offer to client. Sounds as if it ended up better for you by going to trial anyways.

    See question 
  • How soon can i apply for Expungement (misdemeanor)? My probation time will finish on June 12th this year.

    I was on three year probation. My case was originally from Ventura county, but later the case transfered to Los angeles county. I went to Los angeles criminal court to check. According my court minute order my probation will be finish on June 12th...

    Darrell’s Answer

    If your probation will be terminated on June 12th then you don't need permission from the probation officer to leave for your country on June 13th. If you want an expungement you will need to file a Motion for a Dismissal. You can do that on the 13th or anytime thereafter. You can always ask for early termination of probation but if you are in no hurry then you can file for your expungement as soon as you are done with probation. You can file the dismissal yourself or hire an attorney to do it. If you need assistance, contact me as I handle Ventura courts.

    See question 
  • If someone filed a restraining order based on false allegations, does it stay on my record forever?

    I had a restraining order filed against me, accusing me of domestic violence in 2003, I did not make it too court for the hearing. The judge did grant the order for 3 years, even though all the allegations were false and never happened. I understa...

    Darrell’s Answer

    You failed to challenge the restraining order and the time to seek review by the court has come and gone. Although an order or judgment obtained by fraud can be set aside, I don't think the petitioner will come forward and say she committed perjury and face criminal charges.

    See question 
  • I would like to file for physical custody of my daughter and have her a majority of the time how do I go about that?

    He father is very nasty and although he is a great dad at times calls me names in front of our daughter. And when she comes home she says he tells her to be mean to me and he tells her bad stuff about my fiance. She is only three and respects and ...

    Darrell’s Answer

    You need to file an OSC re Modification of Custody, assuming you and the father were married and dissolved the marriage or there was a paternity action. These custody battles are not easy, especially with a 3 year old, and I would recommend that you hire an attorney.

    See question 
  • Can an uninsured motorist policy deduct medical bills paid by my work comp carrier to the doctors from my settlement

    Involved in an accedent in my own car while on the job. Auto policy has uninsured motorists coverage but will not settle because my medical bills paid by my work comp carrier to the doctors are more that the policy limits of $100,000.00.

    Darrell’s Answer

    If you filed a workers comp claim then the workers comp carrier will have a lien on any medical expenses they paid for your medical treatment. Your auto policy UIM coverage will end up being consumed by the workers comp lien based on what you indicate. Therefore, the medical bills are more than your $100k UIM coverage and that will go to the workers comp carrier.

    See question 
  • How can i change the judge in my child custody case? after knowing that the mom had a cps case on her he judge aginst me.l.a ca.

    dont even give me a chance to present my case just because i wasnt being represented by no one and the other party did 2days before the hearing i ask for a continues to get the right repesention and he refused how can i change him

    Darrell’s Answer

    Too late now. The rules require you to file an affidavit to disqualify a judge within a certain period of time once it is assigned to that judge. This is called the 5 day 10 day rule. Once you appear before a judge you are stuck with that judge if you did not file your affidavit.

    See question 
  • Car accident while driving without a license or permit

    Today i got into car accident I was driving on the freeway and my back left tire just poped and i spun out of control. I hit no one but the car is completely totaled. Pedestrians imediatly called the cops and they were on the scene within minut...

    Darrell’s Answer

    The worst thing that can happen is they will file criminal charges against you for driving without a license which is a misdemeanor. They can also file charges for giving false information to a peace officer but I doubt it. The driving without a license is frequently reduced to an infraction.

    See question