Joseph A Katz's Answers

Is a court appointed defense attorney less likely to help me with my DUI in the state of California?

I agree with both Mr. Bruno and Mr. Okorocha. I would add, however, and particularly as a former Public Defender for several years, that some of the best lawyers in any County will always be found in the Public Defender's Office. Unless your DUI is a felony (any DUI from the fourth one on, within a ten year "tail", can be charged as a felony, as can those involving injury to someone other than the driver (VC 23153)), it will undoubtedly be handled by a newer 'misdemeanor' Deputy Public...

2 lawyers agreed with this answer

Are wages earned in a CA marriage martial property?

Assuming that you and your husband do not have a prenuptial (or 'antenuptial') agreement, any funds earned from work during marriage are community property. You did not specify how your husband earned this money, but if the money earned was a result of his labor, then it is definitely community property. There is much less claim (though still a potential percentage share) by the non-earning spouse when income of the other spouse is derived from an asset owned by the earning spouse prior to...

1 lawyer agreed with this answer

1 person marked this answer as helpful

Is there a law that states that if a shoplifting bill is under $500.00 that the person doesn't have to pay?

A retailer can bring a civil action, and as the prior Attorney mentioned, can and almost always will, send a 'demand letter'. These usually issue from firms based in New York or Florida that make a profit by handling a volume business of such claims. They often have an affiliate or satellite office, e.g., in Los Angeles, and so can bring a Small Claims action (amounts up to $7,500) against the parents of the juvenile defendant in a local jurisdiction. If the child is prosecuted, and admits...

1 person marked this answer as helpful

Criminal law question

If no case has been filed, no subpoena can issue. If it is necessary for you to preserve this document for business reasons, and it is your property, I do not believe that you have to turn it over, at this point. It would be wise to preserve the document in its present condition. You do not want to flirt with charges for obstructing an investigation or tampering with or destroying evidence. Your question leaves out some material information. What would the police be looking for?...

1 person marked this answer as helpful

Im 21 years old and I have a 10 month old daughter Can I get in trouble If her father is 17 years old?

The law that applies to this situation is Penal Code section 261.5(b), 'Unlawful Intercourse with a Minor'. The charge is a misdemeanor, because your former boyfriend was not more than three years younger than you were. Even as a misdemeanor, you can receive probation from one to five years, along with a jail sentence of up to a year (of which you would generally complete only half, though it is not likely that you would serve any actual time in jail), and a fine of up to $1,000, along with...

My 14 yr old daughter in school fight. Cited by police for misdemeanor.

Juvenile proceedings are governed by the Welfare and Institutions Code, rather than the Penal Code, as in adult criminal cases, but share some features with adult proceedings with some important differences, e.g., separate courts, confidentiality, and different rules and procedures designed to protect, counsel and rehabilitate the juvenile. Some procedures, such as Due Process rights, still pertain, as does the Evidence Code. There must be notice to your daughter (Due Process), the defendant,...

I got a ticket in for a lighted no right turn signal. Lights were yellow at intersection. I stopped then started to make turn

I might be missing something, here, but you probably should not have stopped on the yellow. You are permitted to enter an intersection on a yellow light, particularly if you cannot safely stop behind the limit line prior to light turning red, and you would have been fine if you had completed your turn on the yellow light. You stopped, however, at the yellow warning light, which was your option. You should not thereafter have gone once the light turned red. The Judge may see an exception for...

2 people marked this answer as helpful

Divorce papers for first marriage were never filed, what can I do to make my current marriage valid

I agree with Mr. Davis entirely. You have to go through the process of dissolving the legal entity called "marriage", with the filing and service of your Petition and Summons (and other required paperwork), either with personal service, or through publication. You have to terminate the first marriage to render the second marriage legally valid. There are many such "unresolved" divorces in the Court records, where the parties have been separated for years, but are still legally married. It...

2 people marked this answer as helpful

Can I file for an uncontested divorce if my wife had originally filed and recently got a lawyer to contest the divorce?

I am licensed in California, not Florida. However, the general law that pertains is that you file and serve your Petition and Summons, with other required documents (can depend upon the jurisdiction). Whether or not a divorce is "contested" is a matter of your soon-to-be-ex-wife responding with her Response, and other responsive documents. If she does not respond within the statutory time period, particularly since she is represented by Counsel (who is, or is not, her 'Counsel-of-Record'...

1 person marked this answer as helpful

Bullying

The scenario you describe is ripe for a 'Civil Harassment Order', as it is called in California. Additionally, there may be potential criminal charges if the harassment is race/ethnicity-based. Your local Court Clerk probably has a packet of forms you can obtain to help you file, serve and obtain the Order, which will hold the bully (and the bully's parents) potentially liable for violations of the Order. Also, violations of the order can usually be prosecuted criminally.

1 person marked this answer as helpful