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Laura Marie Guzman

Laura Guzman’s Answers

26 total

  • Can you sue a school for not providing you with a quality education and falsely advertising pass rates?

    I attend a school that has falsely advertised their facilities and resources. As well licensure pass rates and job placement outcomes.

    Laura’s Answer

    If you access the article that is attached to this link I've provided, you will be able to find the law firms which are filing the class action lawsuits against law schools. You can then contact one of those firms and see if they can help you... Whether your school is a law school or any other kind of school, the law firm may consider taking your case...

    http://abovethelaw.com/2011/05/lawsuit-of-the-day-class-action-filed-against-thomas-jefferson-school-of-law/

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  • Do parents have power to pull their child out of school on the basis that she has anorexia, even without seeking an MD's advice?

    I am a 17-year-old student who has struggled with anorexia in the past. My parents now fear a relapse and are threatening to pull me out of school as a sort of punishment. They have not, however, received any indication from a medical doctor tha...

    Laura’s Answer

    Parents cant just 'pull' their child out of school without enrolling them in another school. 'Pulling' a child out of school will result in truancy issues and a potential for criminal action against parents.
    It sounds like your parents just don't know what to do, but I'm sure theyre very concerned about you.
    You could go on 'home hospital' where you are not penalized with regard to your classes or college future, and you get a med dr. note that states you must remain out of school for a certain number of weeks due to a med condition, the school by law is required to send a credentialed teacher to tutor you in all of your classes during the entire time of home hospital, and teachers typically show up 2-3 times per week. This could be a compromise between you and your parents that meets their growing concern for your health and your concern for your college future...

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  • Do I need an attorney in education?

    Long story short... My (at the time) 8th grade student was struggling in math, english, social science, & us history in school. In efforts for academic achievement, the school staff, my son, mom, & dad, attended 2 SST meetings. The 2nd SST was...

    Laura’s Answer

    Have you filed a specific complaint against the teacher that would go into his or her personnel file?
    I'm not aware of any cause of action or what kind of lawsuit you could file for embarrassing your child.
    Have you asked for your child to be 'assessed' for any kind of disability? Once you ask, the school has to follow federal and state rules and guidelines. If you haven't done this, I suggest you start the process. Or, ask for accommodation from his teacher/principal first if you do not want your child in the 'special education' category. Special ed is nothing to be embarrassed about, and it encompasses children who have ADD, ADHD, learning disabilities, and who are very bright students...

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  • My daughter was caught with possesion of .06 grams of Marijuana that another student stuffed in her purse during break.

    My daughter was on her break. She left to the bathroom and two students she was with stuffed a small container of Marijuana in her bag. The VP came to her class and said there was a tip that she was in possession. Further the VP had suspended her ...

    Laura’s Answer

    Can you email me with more specifics? There is no case law or statute specifically on point about marijuana possession in that amount on campus, but, there is an Attorney General 'advisory opinion' that is still persuasive to how your daughter's case was handled. The opinion states students shall not be expelled for first time drug or alcohol possession.
    First, you should state the time line. When was she expelled? Was she really 'expelled' or did you sign a 'waiver of due process' or signed off on an 'involuntary transfer'? Was there an expulsion hearing? If so, when did you receive the 'ruling'? Time is everything in suspension and expulsion matters -- and you do have a remedy, depending on your answers to my questions. You can sue anyone for anything, but will you prevail if you sue the school district? or the board? Likely you will NOT prevail unless you sue under limited facts, which would be a writ procedure to the local County office of Education (assuming your daughter's school did not opt out of that), or a writ to the local Superior Court. Our firm has won in the writ process on behalf of students who were wrongfully expelled, so feel free to private message me with the answers to my questions herein...
    Best to you, Laura Magill

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  • Vehemently Deny: Citation CVC 22349(a). Lost on TBD. Officer's TBD Statement below. Appreciate evaluation of plausibility.

    The driver of the “Vehicle” then drove onto the SR-55 northbound to SR-91 westbound transition road and continued to accelerate within the #2 lane. I positioned my patrol vehicle approximately 90-100 feet directly behind the “Vehicle” and conduct...

    Laura’s Answer

    • Selected as best answer

    Are there any video cameras that actually record along that stretch of the freeway? Order those asap if so.
    Order the dispatch audio that might show what the officer was really doing/saying during that same exact time that officer was supposedly watching you or bumper pacing you.
    If there was no traffic at that time of day, view traffic cameras for that area and document that typically there is 'no traffic.'
    Your best bet though is by skilled cross examination by an attorney. It logically doesn't necessarily follow that 'cars would have been hit' if you had really been driving as described.
    But, the officer could have gotten your car confused with another car that perhaps was driving like that. Do you own a car that looks like many others? Is it a common color? What were the conditions that night or day?
    Best to you. If you set it for trial, do you have anything to lose, except for the officer may or may not show up?

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  • Court fees ?

    hello 5 years ago i got arrested for driving without a license and when i got released i completly forgot to pay the court fees will i have to serve time? or can i just pay the fees?

    Laura’s Answer

    Call the court and see if a clerk will tell you what the status of your case is , in terms of the fees. Once you get the status, post a follow up question.

    You should take care of this right away.

    Were you really arrested for driving without a license? You went to jail? What county? That is such a minimal offense, most don't go to jail for that. Some courts will agree to convert fines to jail time if you prefer to go to jail . Some of our clients actually prefer jail to fines, especially these days when often clients are released early due to overcrowding.

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  • How many courts before sentencing?

    How many courts do inmates have before sentencing? on a robbery case. its been my Bf's 3th court today & still no sentence. they have no evidence or witnesses. I dnt understand why are they still keeping him ? he has another court on may 2nd. wi...

    Laura’s Answer

    It is difficult to answer your question without more information, for example, there is never a 'set' number of court hearings prior to 'sentencing.' The first court appearance on a felony is arraignment, then, preliminary hearing (no jury). I cannot say if, in Long Beach, the courts there have a 'pre-preliminary' hearing. Most courts do have a 'pre-prelim' to determine if the preliminary hearing will actually 'go.' After the defendant is 'held to answer' at the prelim, the defendant is arraigned again on the 'information' - or the complaint with charges that were upheld at the preliminary hearing. After the arraignment, you have the trial confirmation and then jury trial. If at jury trial he is found guilty, then, you have a meeting with probation, then, a sentencing hearing. All that can take years depending on the case, the attorneys, and the defendant. On the other hand, the defendant can be offered a plea deal and can plead. After the plea, then, there is a sentencing hearing.
    If you ask if his court on May 2 is his 'last trial,' no one can answer that without more information. Ask him what the hearing is called. At every court, the judge will say what the next hearing date is and will state the type of hearing. If your boyfriend doesn't understand, then, he should have his attorney write it down for him. Many people in court don't hear or comprehend what is going on because being in court is traumatic, courts and attorneys use a different language that most people are not familiar with. Wish you the best, Laura M. Guzman, aka Laura M. Guzman Magill, Magill & Guzman Magill Attorneys, A Professional Corporation

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  • I have 8 misdemeanor warrants for my arrest in california. my question is will califorina extradite me on the warrants?

    will texas even arrest me if im ever pulled over?

    Laura’s Answer

    It is difficult to predict what either state will actually do because it depends on the law enforcement agency's position.
    However, it is absolutely best to take care of this matter.
    Because the cases are all misdemeanors, in California, there is a Penal Code section 977 that allows for attorneys to appear in court for a defendant. That means, you hire an attorney in California, that attorney makes the appearances for you, and you never have to appear -- unless of course the judge orders you to appear. We have handled many out of state cases very similar to your own where - if the judge demanded an appearance -- we were able to coordinate with our client's work schedule and plan a court hearing date in advance to the client's convenience. Will you be arrested on the misdemeanor warrants? No attorney can predict this or guarantee an answer one way or another. I can say that our firm has handled many such cases and our clients have never been arrested or taken into custody. First, the jails are suffering low budgets and overcrowding - therefore, jail is reserved (at least in this county) for the violent offenders. Second, judges are happy to see that you are resolving matters. Third, generally, when a judge sees you have taken steps to hire an attorney, then, they see you take this matter seriously and that only serves to help you.
    Instead of looking over your shoulder, take care of this matter. It is not as daunting as you might think.
    Best to you, Laura Guzman aka Laura M. Guzman Magill, Magill & Guzman Magill Attorneys, A Professional Corporation.

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  • Can the DA hold discovery and paperwork from a Murder Suspect?

    A person is being held within the Contra Costa County jails on a Murder charge, but has never seen paperwork or been told why he is the one arrested for the crime? Is this legal? The court dates keep being prosponed due to unavailable discovery? I...

    Laura’s Answer

    To add to Mr. Marshall's answer, generally, the prosecution will provide 'discovery' (police reports, lab reports, index of 'evidence seized', etc) at the first appearance/arraignment. Generally, as Mr. Marshall said, key discovery is turned over to defense throughout the time prior to trial. I've seen DA's wait to 'conduct investigation' until it is time for trial, then provide 'investigation reports' during trial. Defense attorneys can always make 'informal discovery requests' , but those usually are not complied with by prosecution until after preliminary hearing. There is a relatively new case that came down in February 2011, Magallan v. Superior Court, 2011, 6th DCA, that held prosecution must turn over discovery prior to preliminary hearing if the discovery, like a 911 tape, is related to a suppression motion run at the same time. It's a great case for defense since prior to Magallan, the prosecution and judges would agree there is no 'requirement' to turn over all discovery until 30 days prior to trial.. Best to you.

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  • My daughter made a recording of a teacher that she has complained several times about to her school.

    The school told me it ws a violation of f.e.r.p.a. and she broke school rules a would be punished if it was leaked.

    Laura’s Answer

    Please see this code section: " Education Code 66450. (a) Except as authorized by policies developed in accordance
    with subdivision (a) of Section 66452, no business, agency, or
    person, including, but not necessarily limited to, an enrolled
    student, shall prepare, cause to be prepared, give, sell, transfer,
    or otherwise distribute or publish, for any commercial purpose, any
    contemporaneous recording of an academic presentation in a classroom
    or equivalent site of instruction by an instructor of record. This
    prohibition applies to a recording made in any medium, including, but
    not necessarily limited to, handwritten or typewritten class notes."

    I hope this helps. Also, go to the Student-Parent Handbook distributed by the school. It should be online if you don't currently possess it.

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