Timothy Bryan Liebaert’s Answers

Timothy Bryan Liebaert

Palm Springs Real Estate Attorney.

Contributor Level 10
  1. Can I be held accountable for not smogging my car before selling?

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    2. Pamela Koslyn
    3 lawyer answers

    Yes. The law says the seller must smog before selling. It does not get any more complicated than that.

  2. Is it legal for me to raise rent?

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    1 lawyer answer

    Sometimes this "kind" of question cracks me up. The reason being is that anything is "legal" that is not "illegal." For the most part. Sure. You can raise the rent. Provided (1) it is consistent with your rental agreement; and (2) you are not in some sort of rent control area. I am not too familiar with many rent controlled areas in California. Many exist at Mobile Home parks. In mobile home parks, the owner of the park usually cannot simply raise rent but must go to the City or...

  3. I want a change of domicle for my children. i live in california they live in MI where should i file, the michigan town is crook

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    1 lawyer answer

    Howdy. This is very typical in many family law matters. I think you really need to get some professionals in to help you. Perhaps an attorney and also a counselor---particularly if one or more of your children is suffering and acting out. Typically, the court where the divorce or other orders issued regarding custody has sole jurisdiction. Under the Uniform Child Jurisdiction Custody Act, you cannot change the residence of the children until they have actually lived in a new area...

  4. Can my employer be held liable for failing to return my possessions?

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    1 lawyer answer

    I would think they need to safeguard your property. And normally they cannot just throw it away. After they demand, properly, that you come get it and cannot then they have to (usually) put it up for public sale. They sure cannot keep it. One letter from a lawyer may get them to fix this.

  5. Grand Theft Stolen Property, 700 Dollars, first offense, student at UC Berkeley, Will never do it again, what will happen to me?

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    1 lawyer answer

    First. Dont do it again. If you violate the law, except a traffic ticket, while you are on probation you could be sent to jail for the balance of the probation time that is left. On the other hand, when some time has gone by you can apply to the court (motion) for Early Termination of Probation and Expungement of the Record. That kind of relief is usually granted. Then, you can honestly answer that have not been convicted if asked on a job application. However, sensitive jobs and public...

  6. Ow do i respond to a letter from the city of san bernardino regarding an ordinance complain cause i have too many cars parked

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    1 lawyer answer

    There are local laws (ordinances) that you must comply with. In my experience in many cases a city or county can be over-zealous in this matters and actually be wrong about the law or facts. If this is really an issue for you, then you should consult an attorney. Otherwise, local governments usually have a variety of remedies, including a civil lawsuit, criminal charges or administrative fines.

  7. Got caught shoplifting the store took the items back and call the police i got a ticket to appear in court from the police plw

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    1 lawyer answer

    A misdemeanor is defined as a crime for which you can be punished in County Jail for up to a year. Having said that, it is very unlikely that you would do any jail time for petty theft. However, you could get a misdemeanor criminal record which you harm you in the future. Fortunately for you, California has a legal procedure that can almost (I said almost) guarantee that the charges are dismissed. Its called a Civil Compromise. If you enter into a settlement agreement with the victim, you can...

  8. What would be the charges?

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    1 lawyer answer

    A misdemeanor is defined as a crime for which you can be punished in County Jail for up to a year. Having said that, it is very unlikely that you would do any jail time for petty theft. However, you could get a misdemeanor criminal record which you harm you in the future. Fortunately for you, California has a legal procedure that can almost (I said almost) guarantee that the charges are dismissed. Its called a Civil Compromise. If you enter into a settlement agreement with the victim, you...

  9. What is the possibility of getting off informal probation for stat-rape case?

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    1 lawyer answer

    There is a procedure in CA to terminate probation early. The procedure is invoked by filing a motion. Depending on the issue, the DA may agree or fight hard. The judge can weigh all the facts and circumstances in making a decision. This is really an area where a skilled attorney can make a difference. That you want to go into the Navy is a real plus.

  10. I need help finding a low cost attorney..

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    1 lawyer answer

    The chances of being deported is a tough question. However, it is common in California that folks that drop out of "diversion" (e.g., Proposition 36) will be allowed back into the diversion program provided there are no aggravating circumstances. The best thing to do is get back into the diversion program...this will require that you go back to court. It would be very good if you had a justifiable explanation for falling out of diversion. I tend to think (but do not know) that if INS would...