Skip to main content
Daniel Alexander Flores

Daniel Flores’s Answers

22 total

  • DUI/Unlicenced Charge whilst working in US on H1B Visa

    I recently moved to the US (Jan 2010) from the UK to work on an H1B visa. Last week I was stopped whilst driving a rental car for failing to stop at a crosswalk and unfortunately arrested and charged for a DUI offence. I don't use a car to d...

    Daniel’s Answer

    First let me say that I agree with the previous answers by Mr. Kaman and Mr. Geller.

    Given what appears to be an unfortunate lack of communication between you and the lawyer you hired, it is understandable that you are concerned about what will happen at your court hearing (presumably your arraignment, i.e., your first appearance). You should know however that substantive decisions impacting the merits of a charge or the consequences of potential convictions are rarely at issue at the first court appearance.

    Good luck!

    Daniel A. Flores

    See question 
  • I was assaulted by someone while they were on the job. Can I sue the company as well as the employee?

    I'd received threats from an individual (which I reported to the police) who later assaulted me while he was on the job. I want to know if I can sue his employer as well as him, and if so, how should I approach it?

    Daniel’s Answer

    Sorry to hear about this.

    Employers are typically not liable for the criminal actions of their employees. However, there are various exceptions, many of which concern the type of employment. Claims against employer and employee for assault are common in security/bouncer situations where an employer bar/club hires someone with a criminal record of violence and then tells them to make sure everyone else behaves. Another example is sexual assault by a handyman employed by an apartment complex that has received prior complaints of similar conduct by other residents.

    Unfortunately, I cannot give you a more certain answer about whether or not your civil claim would succeed based on the information you've provided.

    See question