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Steven Rudolph Andrade
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Steven Andrade’s Answers

23 total

  • Re:"My wife has admitted lying to the arresting officer (in a signed written declaration). The DA wants to use her recording

    The recorded msg was taken on an IPHONE during interrogation. My apologies. I was not referring to the call to the police. A family member who lives 5 miles away made the call to police asking them to just do a "welfare check" at our home.

    Steven’s Answer

    The situation occurs frequently in the best of violence cases. In California, if your wife testifies that you did not batter her, the prosecution may offer her prior inconsistent statements to law-enforcement for the truth of what she said previously. Further if your wife testifies on your behalf, she may face a criminal prosecution as well; she could be charged with perjury for her sworn testimony or for providing false information to law-enforcement.

    One option would be for your wife to hire her own lawyer and refuse to testify based on her Fifth Amendment right against self-incrimination. This usually forces the prosecutor to grant the alleged victim immunity to compel her testimony. This at least will allow your wife to testify on your behalf without fear of being prosecuted. It also makes the case more difficult for the prosecution.

    As you can tell, this is a complicated legal situation

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  • I have a warrant for my arrest in Santa Barbara country, CA for a ticket I got for misdemeanor possession of marijuana

    I have a medical card for it, but I never went and did anything about the ticket so now it's a warrant. My question is what is the statute of limitations on that? It will have been a year soon since the ticket and I read that the statue of limitat...

    Steven’s Answer

    It sounds as if you had a complete defense to the possession of marijuana charge. However, because you failed to appear in court you are potentially facing an additional misdemeanor charge. Ordinarily, the statute limitations only requires that misdemeanor charges be filed within one year of the incident.

    Hiring an experienced criminal defense lawyer who regularly works with prosecutors in Santa Barbara is your best option. You don't want to have a drug related offense on your record if you are not guilty and it is worth the expense and effort to avoid a failure to appear
    conviction as well. There are many exceptional criminal defense lawyers in Santa Barbara that would handle your case for a reasonable fee

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  • The insurance company recently offered the policy limit for my injuries but the case is worth more because I need back surgery.

    Both my doctor and the defense doctor say I need surgery on account of the accident. The defendant claims the policy is all he has. He has signed a declaration saying that he and his wife, both retired, have $90K annual income (about evenly divi...

    Steven’s Answer

    Your case demonstrates the value of having very high UIM coverage. We recommend that our clients have at least half $1 million UIM coverage. If you had a large UIM policy, you could except the policy limits of the defendant driver's policy and then while playing against your insurance policy. if you obtain a verdict in excess of the negligent driver's insurance policy may be able to collect some of the award from the defendant's assets. If the defendant's assets or it may be difficult to collect. In addition the defendants may be able to declare bankruptcy too wiped out. You should discuss all of these issues with your personal injury attorney. I have written an extensive blog on this very subject.

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  • Guilty party was looking at their phone and hit me going over 60 mph, totaling my car. Police report states they were at fault.

    Traffic was completely stopped when the collision happened. They hit multiple other vehicles, my car was the first and hardest hit. Police report states he was looking at his phone, and was driving at 'unsafe speeds for traffic conditions'. Now I ...

    Steven’s Answer

    Every attorney here has recommended that you contact a personal injury attorney. You may not choose to hire an attorney but knowledge is power. At a minimum you will learn a little more about the tactics insurance companies will do to diminish your claim. A good personal injury attorney will initiate investigation immediately. I have written blogs and produced a podcast on this very topic. The name of my podcast is "Comments from the Bar" if you would like more information on this subject.

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  • Do I need a personal injury attorney?

    Son brutally beaten in Mexico at resort on March 18th. Are hotels liable for security and safeness on their premises?

    Steven’s Answer

    Hotels should be liable if their negligence played a role in the damages. If it is a hotel that does business in the US, it may be possible to file a suit the United States. There are many complexities to this case. You should request a consultation with a personal injury attorney.

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  • Can I be charged for marijana fpund in a room.I rented.

    Housekeeper found marijuana in a motel room after I checked out.

    Steven’s Answer

    Technically yes but unless it is a very large quantity of marijuana, it is not likely. If the police contact you, you should hire a criminal defense attorney before answering any questions.

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  • In an auto accident, does the at fault's ins co have the obligation to give you the policy limits?

    I've asked the at fault's insurance company to give me the terms of the policy, or just the policy limits and they are refusing. Isn't it required to exchange this information? At the scene, she did not to me, and I called the police realizing sh...

    Steven’s Answer

    She is not required to tell you the limits nor is her insurance company prior to the filing of a law suit. If an attorney is retained, an investigator can interview the defendant driver and ask them what the policy limits are. Once a law suit is filed, that information can be obtained.

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  • Resisting arrest charge?

    I used a fake id (not someone else's) at a bar and was taken straight to undercover "alcoholic beverage control". After about 10 min of trying to convince them it wasn't fake I tried to run away. The second she grabbed me I did not put up a fight ...

    Steven’s Answer

    It depends on your age and how the law enforcement officers describe the interaction. Some Santa Barbara County jurisdictions may allow you to attend an educational program on order to have charges reduced to infractions or dropped completely.

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  • How long is the suspension for a wet and reckless charge with prior DUI?

    The arrest that resulted in the wet and reckless charge took place before the DUI arrest. I was convicted from the second arrest for a DUI before the first arrest was reduced to a wet and reckless. Does this count as a second offense regardless of...

    Steven’s Answer

    The court would not impose any suspension related to alcohol. However, if the DMV pursues an administrative per se suspension (driving with a .08 or higher) the suspension, if it is your first incident, would be either, four months complete suspension or one m

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  • When writing pleadings, how descriptive do I have to be about a personal injury slip-and-fall?

    I slipped and fell because someone had spilled oatmeal on the floor. Can I just say that I encountered a dangerous condition of the property and then specify later during discovery, or do I have to be specific in pleading? I would love to hire a...

    Steven’s Answer

    It sounds as if your damages are substantial if you have had surgery because of this incident. I cannot guarantee that this is a case we would take because of the complexities surrounding most slip and fall cases but you should call my office for a consultation if you have not already contacted an attorney in Santa Barbara County. My office number is 805-962-4944. Tell Cyndi or Kathleen that you are an AVVO client. They get some information regarding the incident and set up a time for us to talk.

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