In many Domestic Violence cases, a kidnapping or similar charge can result when someone is forced to stay and talk when the other party wants to leave.
One should never force another to stay, for any reason, by blocking an exit or keeping someone’s keys or cellular phone.
Kidnapping is defined by penal code:
207. (a) Every person who forcibly, or by any other means of
instilling fear, steals or takes, or holds, detains, or arrests any
person in this state, and carries the person into another country,
state, or county, or into another part of the same county, is guilty
236. False imprisonment is the unlawful violation of the personal
liberty of another.
If you have been charged with a Kidnapping charge Attorney David Brown has experience in these matters and can help you. Call our office to schedule a free consultation.
Did you know that employers cannot ask a potential hire or existing employee about an arrest or detention that did not end in a conviction?
According to California Labor Code section 432.7, An employer cannot ask someone applying for a job for information about an arrest or detention that did not end in a conviction. Also, an employer cannot ask about a referral to or participation in any diversion program. * An employer is also not supposed to look for any record of arrest (from any source) that did not end in a conviction. If this information comes to the employer’s attention anyway, the employer cannot use that record as a factor in hiring, promoting, or terminating that person. But this same code section says that the employer may ask an employee or someone applying for a job about an arrest for which he or she is out on bail or released on his or her own recognizance pending trial. A conviction, for purposes of this code section, includes pleas, verdicts, or findings of guilt”
*See CLC 432.7 for narrow exceptions.
Attorney David L. Brown has experience in expunging a variety of criminal records, both felony and misdemeanors. If you need help with clearing your record please call our office today for a free consultation.
Understanding the difference between Uncontested and Contested Dissolution is important to comprehend because many legal plans only cover certain types of Dissolution's. Once the Dissolution crosses certain guidelines for Contested Dissolution there are limitations as to what the legal plan covers, or the matter might not be covered at all.
An Uncontested Dissolution “Divorce” is when the spouse does not file any responsive pleadings or is not represented by an Attorney.
Once a spouse hires an Attorney to represent them or files responsive pleadings the Dissolution is considered Contested.
Documents considered Contested:
Filing an Answer
Motions for Temporary Relief
If you are in the process of a Dissolution, contact Attorney David L. Brown for a free consultation.
One of the Partner's and owner's at Beyer, Pongratz and Rosen (David L. Brown, Esq.) , with assistance from Michelle Spaulding and Spaulding and Campi, recently achieved a full felony acquittal in a PC 273.5(a) case.
A recant case is one in which the victim changes his or her story and testifies that statements to the police were either false or exaggerated. These cases are among the most difficult to defend, because the Court and the Evidence Code both lend high credence to “excited utterances” as hearsay exceptions.
This means that when someone is under the duress of an event, their words are considered more trustworthy than what they say later, after reflection.
If you are charged with PC 273.5(a) (Domestic Violence/Spousal Abuse) call right away and we will immediately evaluate and prepare your defense.
If you have been accused wrongfully of an automobile accident, you may find yourself in a difficult position of having to “prove a negative”. It is much more difficult to show that something didn’t happen, than to show that something did. For example, a receipt might show that you ate a Big Mac for lunch yesterday. However, that does not prove that you did not eat pizza.
In an automobile accident, you may be asked to prove that something did not happen. For example, a dent in a fender could create an allegation of liability, in which case you would prove that you were not driving. Many people do not know that the automobile equivalent of a “black box”, such as is associated with airplanes, may exist in newer model cars. Ford, for example, has computer log information in most cars produced after 2000 that would show RPMS and speed at time of impact. This would be very useful if you were required to prove in court that you were not moving when someone crashed into you.
If you have criminal charges brought against you for any traffic matter, contact me for an experienced evaluation of your defenses and we will use our team of investigators to determine every available factual defense.
If you are charged with the following crimes: VC 20000-20018, Penal Code 192 (c) PC, VC 23140 please contact Attorney David L. Brown.
Personal injury claims can be confusing and overwhelming. As you are recovering from your injuries, you can become bombarded with requests and paperwork from insurance companies, doctors, law enforcement and health insurance companies. You may have to deal with complicated legal procedures, confusing medical terms and a large amount of paperwork. Anger, pain, frustration and fear can impact your ability to see the facts of your claim clearly. An experienced personal injury attorney will advise you on what is in your best interests.
Benefits of retaining an experienced personal injury attorney include:
No Recovery, No Fee: Most personal injury attorneys work on a contingency fee basis which means that if you don’t win your case, you will not have to pay attorney’s fees.
Less stress: Once you hire a personal injury attorney, they will deal with all entities on your behalf. The end result will be reduced stress for you.
Statute of limitations: Statute of limitations are cut-off periods of time for you to file your claim. If you do not file a Complaint with the appropriate court within the relevant statute of limitations, you will lose the ability to recover against the at-fault driver and/or his insurance company. Your attorney will protect your interests regarding this cut-off date.
Ability to negotiate a settlement: A personal injury attorney can file suit causing the adverse insurance company to spend time and money defending the claim. A layperson is simply not capable of putting pressure on the insurance company. The attorney can also sue the insurance company for bad faith on first party claims if they don’t handle your claim fairly.
Your attorney will handle your first party coverage’s: Medical payments coverage and uninsured/underinsured motorist coverage are those you have on your own insurance policy that you can use to maximize your recovery on your auto accident claim. Medical payments can work with your health insurance coverage to reduce your exposure to medical bills. An experienced personal injury attorney can save you thousands of dollars on medical bills.
Uninsured/underinsured motorist coverage comes into play when an at-fault driver has little or no coverage to compensate you for your injuries. If your claim involved an underinsurance claim, it will involve many intricate feathers that a layperson just cannot handle on their own.
Negotiating health provider/health insurance liens: If your health insurance pays your accident related medical bills, they may have a right to reimbursement. Some of these liens involve Federal ERISA law. This aspect of a personal injury claim is very time consuming and is too complicated for a layperson to handle on their own.
Access to medical care on a lien: If you do not have medical insurance, a personal injury attorney can obtain treatment for you on a lien.
Knowledge of insurance law: Lay persons are not familiar with insurance laws that may impact your case. If your claim involves insurance coverage issues, you definitely need any attorney involved at the very beginning of your case.
Representation in court: The court system eats up unrepresented parties. Their cases are often dismissed for failure to comply with the rules. If your case involves any type of litigation, you need an attorney.
If you are looking at this post and wondering about a Wet Reckless vs. a DUI there are a lot of similarities between a DUI and a Wet Reckless. However, there are a few big differences between the two in consequence.
The term, DUI “driving under the influence,” describes driving with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability was actually impaired.
The term “wet reckless,” is used to describe a reduced plea arrangement made by a driver arrested for driving with a measureable amount of alcohol that does not rise to the .08% DUI threshold.