David Carl Beyersdorf’s Answers

David Carl Beyersdorf

Fresno Personal Injury Lawyer.

Contributor Level 13
  1. Is it legal to kill zombies (and other related questions)?

    Answered almost 6 years ago.

    1. David Carl Beyersdorf
    2. Frederick James Northrop
    3. Jonathan H Levy
    4. Brian Richard Dinday
    5. David Perry Davis
    6. ···
    6 lawyer answers

    You can't kill a dead person. You're good to go. The crime, murder, manslaughter, etc. would be in the taking of a human life. When the reanimated body chases after you, your self defense plea is unnecessary. Even if you believed the body to be alive and your intent was to kill a living person, you would be off the hook due to the legal impossibility of successfully committing the crime. Now, you may face certain problems with the intentional discharge of firearms in the city limits. Also,...

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  2. What is the best way to dispute a traffic ticket issued by red light camera

    Answered almost 6 years ago.

    1. David Carl Beyersdorf
    1 lawyer answer

    Request a trial by declaratio. Go to http://www.courtinfo.ca.gov/cgi-bin/forms.cgi . Under the drop down menu, find "traffic infractions". Find the forms there for requesting a trial by declaration, and follow the instructions. In your declaration, do not go into too much detail. Just indicate that you stopped for the red light, looked for any traffic, and proceeded to make a right turn when there was no traffic and it was safe to proceed. (Be sure that there was no sign indicating that right...

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  3. Can a tenant provide a 30 day notice on the 7th of the month or do I have to give notice on the first of the month

    Answered almost 6 years ago.

    1. Elizabeth T McLoughlin Sanders
    2. Peter David Brazil
    3. Michael John Percy
    4. David Carl Beyersdorf
    5. William Robert Falcone
    6. ···
    6 lawyer answers

    30 days is 30 days. You do not need to actually give the notice on the first, but you need to give AT LEAST 30 days notice. That is, it can be more, but it can't be less. Practically speaking, the landlord may or may not seek to get the additional month's rent our of you. Good Luck. David C. Beyersdorf

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  4. CA shoplifting laws, PC 484, possible punishment consequences for petty theft

    Answered almost 6 years ago.

    1. David Carl Beyersdorf
    2. John M. Kaman
    3. Robert Franklin Sandbach
    3 lawyer answers

    In addition to the two answers above, I would add that a first offender will likely not face too stiff a penalty. I do not practice in the bay area, but in the central valley I often see community service imposed, fines, etc. Sometimes defendants are able to work out a civil compromise with the store per penal code sections 1377-1379 and have the criminal charge dropped altogether. Good Luck David C. Beyersdorf

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  5. Divorce in CA, division of community and separate property under CA state law

    Answered almost 6 years ago.

    1. Diana Lucia Martinez
    2. David Carl Beyersdorf
    3. Alec Scott Rose
    3 lawyer answers

    Much of this question will hinge on whether or not your parents really have been separated for the last 15 years. If they filed a legal separation, then the answer likely will be yes. If they did not, then the answer may be no.If they have actually been separated, then an argument could be made that your mother's community property interest in the home is only that which was aquired prior to the separation. After the separation, the added equity that your father continued to put into the home...

    1 lawyer agreed with this answer

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  6. Is there a maximum amount of rent increase that a landlord can charge a tenant

    Answered almost 6 years ago.

    1. David Carl Beyersdorf
    2. John M. Kaman
    2 lawyer answers

    There is no rent control in Fresno. Check your lease for any relevant terms. With a lease for a specific term, rent increases, if any would be accomplished per the lease contract. On a month to month lease, most leases remain silent as to how much an increase may be. Also take a look at California Civil code section 827. The relevant parts indicate the following: (2) If the proposed rent increase for that tenant is 10 percent or less of the rental amount charged to that tenant at any...

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  7. Can a person be charged for assault for pushing someone down even if the person was not hurt

    Answered almost 6 years ago.

    1. David Carl Beyersdorf
    2. Brian Wyld Freeman
    2 lawyer answers

    Yes. Although the charge and consequences of a no-injury assault will generally be relatively light, one may be charged even in this situation. Depending on whether the person has any prior criminal record, whether this was a domestic violence situation, etc, the consequences might be increased or decreased. David C. Beyersdorf

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  8. I accidently went through a red light Van Nuys California and got a photo ticket please help me

    Answered over 5 years ago.

    1. David Carl Beyersdorf
    1 lawyer answer

    You can ask for a court hearing on the ticket and explain the situation to the judge. You might be able to convince the judge to at least reduce the amount of the ticket. Watch out though. You don't want to give the judge the impression that you are losing your ability to drive safely. You might consider getting some photos of the intersection so that you can illustrate to the judge exactly whay it was confusing. You could look into traffic school on line to keep this off your record, but...

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  9. My brother in law is an illegal immigrant and recently got arrested will he face deportation could he be released on bail

    Answered almost 6 years ago.

    1. David Carl Beyersdorf
    2. Arash Hashemi
    3. Olia Marie Yelner
    3 lawyer answers

    These are very serious charges, and your brother in law needs to talk to an attorney as soon as possible. If he can't afford to hire an attorney, the court will appoint the public defender for him. If your brother in law is illegal, he probably has or will have an immigration hold on him. That means that he will likely be deported no matter what the outcome of this court case. Feel free to call our office and make an appointment. I am in Madera County Superior Court several times a week an...

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  10. Are there local statutes that prevent law enforcement from pursuing entrapment of women in prostitution stings

    Answered almost 6 years ago.

    1. David Carl Beyersdorf
    2. Piotr Gabriel Reysner
    2 lawyer answers

    You should look to state law for when entrapment defense might apply. As the court said in People v. Barraza (1979) 23 Cal.3d 675, 690, 153 Cal.Rptr. 459, 591 P.2d 947: "Official conduct that does no more than offer that opportunity to the suspect for example, a decoy program is therefore permissible; but it is impermissible for the police or their agents to pressure the suspect by overbearing conduct such as badgering, cajoling, importuning, or other affirmative acts likely to induce a...

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