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C Logan McKechnie's Answers
- 259 Legal Answers
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3
Attorney answers:
I paid criminal defense lawyer $25000 to defend my son in a dble homicide case & he is now suspended can I get a partial refund?
In California, any attorney work involving more than $1,000.00 must be in writing and signed by both parties. Failure of an attorney to obtain a signed attorney's fee agreement can result in an obligation to refund all of the fee. You need to obtain counsel in the area where the attorney practiced prior to his suspension. Your are entitiled to a refund of some amount.
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3
Attorney answers:
I received a basic speeding ticket in Corning California. What happens if I don't pay it?
The was a court date on the ticket that you received. When you fail to appear or post the fine, a so-called 'bench' warrant will be issued for your arrest. Normally, the warrant is issued in the amount of $5,000. If you are stopped again, a records check will show the outstanding warrant. The difficulties you will have at that time certainly will be larger than the price of the ticket now. Contact the clerk of the court in the county where you received the ticket and find out how to seek a...
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2
Attorney answers:
Can I record someone talking bad about me in CA
It is illegal in California to record a conversation without the permission of all parties to the recording.....unless you have a reasonable expectation that the person being recorded is going to commit a crime. If someone is saying they are going to "fix" you, it might be a violation of Penal Code Section 422, criminal threats. It may not be. I would advise you to contact local law enforcement and talk to them about what is being said.
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2
Attorney answers:
Child protective services, procedure under CA dependency court to appeal CPS decision
You need to contact a local attorney as your 'facts' just don't fit into the rules. Under the California Welfare and Instutution's 300 code, your parental rights would not have been terminated for what you have indicated. As to the placement of your child, after your rights have been terminated your relatives do not have to be considered for placement. You NEED to see an attorney who can ask you some tough questions and review the record.
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3
Attorney answers:
Welfare fraud
The worst thing that can happen is that the person goes to prison. With a lawyer, that is unlikely. The government is normally more interested in getting the money back. HOWEVER, people do go to prison for welfare fraud. You need to see an experienced criminal lawyer. The fact there is no prior criminal record is helpful to the lawyer in settling your case, but doesn't mean you won't have to pay a price in loss of freedom.
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2
Attorney answers:
Court Orders
A few answers to mulitiple questions: Your order to pay child support is not dependent upon her 'allowing' you to talk or visit the children. You MUST follow the court order and pay the support. She too must follow the court's orders and let you talk to the kids, tell you where they are living and anything else the court has ordered her to do. Your main question: "What do i do?" is answered by urging you to immediately hire an attorney who can file an Order to Show Cause, a Modification...
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1
Attorney answers:
DV arrest but no charges filed, Need deposition record for immigration purpose
Most likely, you will get nothing from the court. You may have to hire an attorney to bring a motion under Penal Code Section 849.5 which states: "[i]n any case in which a person is arrested and released and no accusatiory pleading is filed charging him with an offense, any rewcord of arrest of the person shall include a record of relese. Thereafter, the arrest shall not be deemed an arrest, but a detention only." Penal code section 852.6(b) gives effect to section 849.5 by providing that "[i]n...
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2
Attorney answers:
OSC custody order contempt, did I file with wrong last name?
It is unlikely that it will have any effect on the service. She is who she is and playing games about what name she is now using will not impress the court. If the papers say "Bursten," she is still Bursten for the court even if she changed her name to "Smith"--she is still the childrens' mother. [Better part of practice is to put both names on the paper. However, I don't think the court will care.]
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2
Attorney answers:
How old does a child have to be to determine how often she visits the other parent?
You ask a question that is based upon a legal fiction: there is no age in which a child can dictate custody or visitation. The law does require the courts to "take into consideration" the wishes of a child who is 12 or older, but does not require the court to follow those wishes. It this case, it would be "nice" if you and your ex can work it out for the child's sake. Talking sometimes saves everyone grief and money. This answer is offered for informational purposes only. It is not offered...
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3
Attorney answers:
What is definition of specific intent?
When the law requires "specific intent" it means the person did that which they intended. Sometimes the law allows reckless behavior to replace the required specific intent. Your question seems to ask what does "with intent to defraud" mean. It means that when the accused person acted, they intend to cheat the victim. Knowingly giving someone a bad check when there is no money in the account is an intent to defraud. Promising to give something you don't have in exchange for something the victim...
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