Skip to main content
Timothy Bryan Liebaert

Timothy Liebaert’s Answers

98 total

  • Is it illegal if you buy a bb gun on amazon

    bb guns

    Timothy’s Answer

    Hah. I have never heard that it is illegal. I have purchased guns on-line. Guns must be sold through the medium of a licensed gun dealer; BB guns do not. You can still buy BB guns at Kmart. So, I cannot imagine and have not see any law that would that illegal.

    Tim Liebaert, Esq.

    See question 
  • I just received a drinking in public ticket in Hollywood? Is it a infraction? How much wil it cost me?

    I'm over 21 years of age.

    Timothy’s Answer

    California Penal Code 647(f) prohibits being "drunk in public". Simply put, you are "drunk in public" under California law.

    The preamble to 647 states, "Except as provided in subdivision (l), every person who
    commits any of the following acts is guilty of disorderly conduct, a
    misdemeanor...." Subdivision I [probably does not apply to applies to other acts that amount to a felony.]

    If your level of intoxication makes you unable to exercise care for your safety or for the safety of others, or your level of intoxication interferes with, obstructs, or prevents others from using streets, sidewalks, or other "public ways".1 A conviction for "drunk in public" can trigger probation, fines, and even incarceration. Worse still, a conviction will go on your permanent criminal record, and can be seen by prospective employers and licensing agencies. Therefore, it is advisable that you do everything possible to avoid this conviction.

    Fortunately, there are a variety of defenses that a skilled California criminal defense lawyer could present on your behalf in an effort to reduce or possibly even dismiss your Penal Code 647(f) charge.

    This is also an interesting charge because it can be rather hard to prove, unless of course, you had a beer can or worse a bottle of liquor.

    See question 
  • I am looking for a lawyer (litigator) for non profit org. Anyone you can recommend? Thanks - Carlos

    This is for a non profit organization that needs a counsel to assist to write a letter and possibly drawin to litigation for a religious organization.

    Timothy’s Answer

    I would strongly suggest your contact Richard Ackerman, Esq., in Riverside. He is (in my view) within the top 10 of Con. Law attorneys in the State. Further, Richard is has deep religious convictions and has represented everyone from Mormons to Gay interests, without any conflict in his approach. That is one reason why he is such a good attorney. Reasonably priced, fair and honest.

    Tim Liebaert, Esq.

    See question 
  • Received 2nd civil demand letter do i have to pay?

    I was charged with petty theft after being caught stealing $80.00 worth of merchandise from JCPennys in california. I am 19 and female. They took down some information, took my picture then let me go. I got a civil demand letter in the mail and i ...

    Timothy’s Answer

    • Selected as best answer

    Regardless of the Civil Demand, if you are charged with petty theft, an excellent way to resolve the matter is by way of Civil Compromise. In a Civil Compromise, you pay "the victim," any amount of money, and if they sign off you can take that to the court and the court, in its Discretion, will dismiss the criminal case.

    Tim Liebaert, Esq.

    See question 
  • If a "victim" appears at a pre-trial hearing where the D.A. agreed to dismiss the case and objects, will this sway the D.A. ?

    D.A. filed a nonsense 653m harassing text messaging case. After providing evidence the messages were clearly not harassing, the D.A. agreed to dismiss. D.A. stated the "victim" needed to be notified per "Marcy Law" and can be heard at the next hea...

    Timothy’s Answer

    The idea of a victim "pressing charges," is a misnomer.

    In a criminal case, the plaintiff is the People of State___________; the plaintiff is not the victim. Thus, District Attorneys have authority to compromise a criminal case in the absence of the victim's consent.

    However, in some cases, such as DUI with personal injury, when the defendant DUI driver is sentenced the victim will, in most cases, be permitted to make a Victim Impact Witness Statement at the time of sentencing. A VIWS can impact the Judge's determination of the proper sentence, which can vary widely.

    The best antidote is to have persons ready to testify in favor of the defendant to counter-act the VIWS, to try to level the playing field.

    Thus, without new information (such as in molestation or rape case) such as "now the victim cannot have children; or the victim has been confined to a mental hospital, or the like, the victim's position on sentencing usually does not have great sway with the DA.

    See question 
  • Enter your question here. If i dont talk to the police will that make them angry

    I am from nc. The police want to talk to me. They say they have me on videotape taking some tapes from a store. I do not even remember going to the store, but if they have me on tape, it must be true. (I have been medicated and it causes me to...

    Timothy’s Answer

    You have the right to remain silent. Anything you say can and will be used against you in a court of law. Does this "sound" familiar to you? If authorities want to talk with you, it is simply because, as other attorneys have noted, they want to gather evidence to be used against you.

    If they believe they have enough evidence, and the case is worth it (sounds more like petty theft. However, if they make the claim you went into the store with "theft" on your mind then they can bump the crime up to Burglary, which is considered a "dangerous felony.")

    So, for now, you do nothing. Or, better yet, hire an attorney then you can simply refer the authorities to your attorney who will have no comment.

    If you were to be arrested, you mentioned medication. There are many medications that cause amnesia. If you were to be charged, this can be used as a defense and you may be able to seek "diversion." Under a diversion plea, you plead guilty and attend alcohol/drug classes and after completion the case is dismissed. The only problem with doing this, is that you put your medical history "in issue," and the police might subpoena your medical records.

    I hope this has been of help to you.

    Tim Liebaert, Esq

    See question 
  • My children were taken away by social worker. First hearing had been done . The father is out of the house. What do I do next

    The judge did not order me to take any class but my husband had to take some class . Next hearing for prereleasing is in a week what should I prepare as a Mom so the state will consider releasing with me ?

    Timothy’s Answer

    At the outset, I suspect you are in Dependency Court. DC can be a difficult place to be. Having a good attorney can make all the difference in the world, because this is an area for "evidence creation." The evidence exists, but it must be put into a legal framework so it can be used in court.

    The law "favors" re-unification. The court "should be," interested in the creation of a re-unification plan. This is your opportunity to demonstrate your "good character in order to have your child(rend) returned to your custody.

    In my experience, the typical cost for this kind of representation is between 5-10K; money that is well spent.

    One example, of what you should be doing, is to see a shrink (an affectionate term) who can evaluate your fitness as a parent and then to present that to the court. Lastly, I strongly suggest that you obtain counsel.

    Tim Liebaert, Esq.

    See question 
  • I have been charge with case vc2800.2 and i have a court hearing on august 13? what should i do.

    ok, i did a stupid mistake when i saw a police hiding on highway 15 and he saw me doing 85mph at night coming from work going back home at night and because he was slow getting into the traffic, i thought i could outran him in my bmw 330i so i hit...

    Timothy’s Answer

    This is a tough one. The statute reads as follows:

    Evading a Peace Officer: Reckless Driving

    2800.2. (a) If a person flees or attempts to elude a pursuing peace officer in violation of Section 2800.1 and the pursued vehicle is driven in a willful or wanton disregard for the safety of persons or property, the person driving the vehicle, upon conviction, shall be punished by imprisonment in the state prison, or by confinement in the county jail for not less than six months nor more than one year. The court may also impose a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or may impose both that imprisonment or confinement and fine.

    (b) For purposes of this section, a willful or wanton disregard for the safety of persons or property includes, but is not limited to, driving while fleeing or attempting to elude a pursuing peace officer during which time either three or more violations that are assigned a traffic violation point count under Section 12810 occur, or damage to property occurs.

    BASICALLY, this is is a MISDEMEANOR charge. There are not many misdemeanor charges in the Vehicle Code but this is one one of them.

    Your first hearing should be an Arraignment, where you plead guilty or not guilty. If you plead to the judge (and the judge should be willing to give you an indicated sentence) the judge will tell you what sentence you would receive.

    In my 15 years of legal experience, I have found that in a case such as this one it is better to have an attorney appear for you and plead not guilty. Then, your attorney will be dealing with the District Attorney.

    As your attorney deals with the District Attorney, it is more likely that you can obtain a "plea" that is less severe than what the judge would impose. For example, the DA may just want a fine and for you to attend traffic school. If you have to do time in jail, it can be worked out where you do time at home via "home detention" with an ankle bracelet. This is all better than doing 10 or 30 days in in jail.

    If I were you, I would hire an would end up better, based on my experience.

    Tim Liebaert, Esq.

    See question 
  • Can criminal defense attorneys investigate murders?

    Like once a criminal defense attorney is hired how would he gather information about the case? I know the police has to share their finding, but how would the attorney go about finding their own stuff?

    Timothy’s Answer

    • Selected as best answer

    I agree very much with what Scott Vallens, Esq., has said about this question. I am an attorney and a licensed private investigator.

    For a homicide case, it is crucial that the handling attorney use a PI for every aspect of the evidence to be developed for the case.

    The PI will be responsible for locating witnesses, obtaining their statements and potentially ensuring their presence at the Preliminary Hearing or Trial.

    Again, in a homicide case, a PI is absolutely essential. So essential in fact, that the court will appoint a PI to work with the defense attorney, if the defendant is indigent.

    Tim Liebaert, Esq.

    See question 
  • I am a sole proprietor of a small engineering firm with over 30 yrs. of experience and with all credentials, see comments bellow

    I am a sole proprietor of a small engineering firm with over thirty years of experience in Southern California, and an unknown person who is not an employee neither a client posted some information about the company which is completely false. Also...

    Timothy’s Answer

    If the allegation have absolutely no truth behind them, then they may be considered “slanderous per se.” That means that some statements, because they are so naturally and obviously harmful, are considered per se defamatory. In defamation per se claims the plaintiff does not have to prove actual injury to reputation because the harm to the plaintiff is presumed. The plaintiff still has the burden to establish the other four elements even if he does not need to prove harm or damages. In California, there are four recognized categories of defamation per se statements:

    • the plaintiff committed a crime
    • the plaintiff has an infectious, contagious, or loathsome disease
    • the plaintiff is impotent or “want of chastity”
    • statements which imply that the plaintiff is unqualified to his engage in his profession, trade or business.

    The really neat thing about “slander per se,” is that you do not have to prove damages in court. If the statements are “pre se,” slanderous, damages are presumed. That means you can obtain a money damage award without having to prove the statements actually harmed you.

    Also, in sch a case, it should be easy for you to obtain an injunction requiring that the statements be taken off the internet.

    The first step is to look at a “who is” directory on the internet to find out who owns the domain name that is hosting the slanderous material. Then, a lawyer sends a “cease and desist” letter.

    After that, you have a good lawsuit and you should easily prevail and (1) obtain an injunction and (2) obtain a money damage award.

    Sometimes owners of domain names “hide” their identity. If that is the situation with your case, some level of investigation would be required to determine “who” is the proper defendant.

    I once handled a “slander per se,” case that originated out of E-Bay. E-Bay was not a defendant. However, the person who posted the slanderous material was; and the court readily awarded an injunction and a money damage award.

    You do not have to stand for people who “think” they can say false and harmful allegations, simply because they use the internet to do so.

    Tim Liebaert, Esq.

    See question