Samuel Eugene Spital’s Answers

Samuel Eugene Spital

San Diego Administrative Law Lawyer.

Contributor Level 11
  1. How could they see me as a suspect just because I was the last person to see the murder victim...?

    Answered over 2 years ago.

    1. Antonio Arturo Cota
    2. Samuel Eugene Spital
    3. Greg Hagopian
    4. Elliot Rahmim Zarabi
    5. John Leif Fossum
    6. ···
    6 lawyer answers

    In the question you asked you noted that you were the last person to see a murder victim and now "you are a suspect." If that is true or one has a reasonable belief he is a suspect of a crime, and/or there is a pending investigation by law enforcement, you should immediately seek advice from a criminal defense lawyer. I do not know a single criminal attorney who would permit his client to be "interviewed" by law enforcement under the circumstances you describe because it would more likely...

    10 lawyers agreed with this answer

  2. What type of attorney do i need for a juvenile police brutality case??????

    Answered about 2 years ago.

    1. Gilberto Benito Vega
    2. Tai Christopher Bogan
    3. Samuel Eugene Spital
    4. Marc Lazarus
    5. William Peter Daley
    5 lawyer answers

    You want to know the type of lawyer to contact regarding "excessive force" used by a SDPD officer in which your 16 year old son's nose was broken. It is not clear why the police were involved and whether any arrest was made. However, an officer can only use reasonable force to subdue and/or arrest a suspect while performing his duties and to protect himself and others in the vicinity. This is a judgment call, but anything beyond a minimum force may be characterized as police brutality....

    8 lawyers agreed with this answer

  3. Clerical error on temporary license. Will this help my case at all?

    Answered almost 3 years ago.

    1. Samuel Eugene Spital
    2. Andrew Stephen Roberts
    3. Daniel Eugene Kann
    4. Edward Jacob Sternisha
    4 lawyer answers

    While it may make no difference if the officer made a mistake in his reporting of the facts, even insofar as a temporary license, it is something you should consider important enough to retain private counsel for your DUI court case. Because the prosecution must establish its cased beyond any reasonable doubt, it certainly can be argueed that the officer's credibility can be questioned when he has made a mistake in some respect in connection with the criminal case. I believe thiws would be a...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. My husband was sentenced w/ Felony DUI w/ GBI. He rcvd 6 yrs serving 85% & a fine not yet determined. How can he appeal this?

    Answered about 2 years ago.

    1. Herb Fox
    2. Samuel Eugene Spital
    3. Joseph Briscoe Dane
    4. Robert Laurens Driessen
    5. David Philip Shapiro
    5 lawyer answers

    It appears from your question that your husband was convicted of Felony DUI with Great Bodily Injury (GBI), and received a six year state prison sentence, but you desire to appeal this. It is not clear when he was sentenced, nor whether the conviction took place after a trial or your husband pled to the within crime. In addition, we do not know whether your husband was represented by the Public Defender or private counsel. Because there are time deadlines to file an appeal (60 days from...

    7 lawyers agreed with this answer

  5. I am trying to find if I have any hope in pursuing new legal help with my husbands ongoing work comp claim/injury from 2001

    Answered about 2 years ago.

    1. Samuel Eugene Spital
    2. Ruben Alonso Montoya
    3. George Ellis Corson IV
    3 lawyer answers

    The best way to obtain an answer to your question is for your husband to obtain a one-on-one personal consultation with a seasoned workers' compensation lawyer. Your husband should bring copies of his file and all of the pertinent communications and legal documents for the attorney to review. You also mentioned a possible third party claim and that too will require further analysis, particularly due to the statute of limitations that bars old claims. In addition, you are concerned there may...

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  6. My boyfriend went to his other baby momma house where he was residing at to pick up his own belongings how is that code 459 pc?

    Answered almost 2 years ago.

    1. Samuel Eugene Spital
    2. Andrew Michael Limberg
    3. Harry Edward Hudson Jr
    4. David Philip Shapiro
    4 lawyer answers

    You have inquired how your boyfriend could be charged with PC 459 when he went to the home of the mother of his (other) child and had also frequented the home over a period of three (3) years even though there was a restraining order. You also indicated your boyfriend is in jail, however, you did not indicate the date he was arrested, whether there has been an arraignment and if he has a Deputy Public Defender assigned to his case. First, you should meet with or have a teleconference with a...

    6 lawyers agreed with this answer

  7. My daughter was charged with PC 487(A) in 2008.

    Answered over 2 years ago.

    1. Jeffrey George Moore
    2. Christine C McCall
    3. Samuel Eugene Spital
    4. Michael Larson Stuart
    4 lawyer answers

    You have asked whether your daughter's conviction approximately four (4) years ago will impact her getting a professional license in California. In addition, you have noted she will soon have completed her probation, and she may seek to have the conviction expunged. First, I have never had any of my clients wait until probation is over to seek some form of post-conviction relief. In San Diego, we routinely will encourage our clients to seek an early termination of probation (generally when...

    6 lawyers agreed with this answer

  8. Need recommendation in the area of Education Law.

    Answered almost 3 years ago.

    1. Samuel Eugene Spital
    2. Christine C McCall
    3. Todd Bruce Kotler
    3 lawyer answers

    Yes, you would be well-advised to go online or look at www.avvo.com for an educatin law attorney in Northern California. While I have handled education law cases in Northern California, this would be one I would recommend you select a local attorney. Being accused of cheating on an exam is a serious offense and you do not want to ignore the situation if you are indeed innocent of any wrongdoing. Claims that go against one's honesty and could involve fraud should be challeneged when they are...

    6 lawyers agreed with this answer

  9. I was hoping to see what legal avenues if any I can pursue to recoup the monies I forfeited.

    Answered almost 3 years ago.

    1. Samuel Eugene Spital
    2. Robin Mashal
    3. Frank Wei-Hong Chen
    3 lawyer answers

    The previous answer is on point. You have described a situation that requires a much more in depth analysis. An attorney cannot give adviced on limited information. Here you have not elaborated on what exactly was the "emotional distress, " whether your brother knew of your disability and took advantage of it, and exactly what do you mean by forfeiting your profit. The best thing to do is to make an appointment with a lawyer in North County and detail all of the facts and circumstances so...

    6 lawyers agreed with this answer

  10. Domestic Violence; What if the d.a hasnt filed charges yet and i at first told the detectives I would work with them, but now d

    Answered over 2 years ago.

    1. Samuel Eugene Spital
    2. David Michael Boertje
    3. David Philip Shapiro
    4. Henry Lebensbaum
    4 lawyer answers

    If your boyfriend was present when the police arrived to investigate the crime and the officer(s) did not arrest him , it is possible they did not feel they had sufficient facts or a legal basis to make the arrest. You mentioned you could not "think straight" and "freaked out." Perhaps the police also did not feel your account of the incident was strong enough and/or credible to make a valid arrest. We would need more facts to give an opinion. You indicated you plan to call the detective and...

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619-583-0350