Burglary is considered a serious offense in California. The penalties reflect the fact that private property rights are inviolable, and entering someone’s property is a significant violation. Many burglary offenses are automatically charged as felonies, while others give the prosecutor the discretion to charge them as a felony or misdemeanor. The penalty for burglary depends on the severity of…
Some divorcing couples may reconsider their decision at some point before the case is final. They may even have a change of heart after the paperwork has been filed with the court. It is never too late to stop the divorce from being finalized, so long as you file the appropriate paperwork with the court. If the divorce process…
There are times when it makes sense to enter a guilty plea in a criminal proceeding. You may be able to obtain a better legal outcome through a plea bargain than if you tried to fight the charges. Initially, you would always plead not guilty to criminal charges no matter what. Your lawyer would get time to review your…
Some people think that they need to be the ones who file first for divorce in court in order to gain an advantage. Based on how the divorce process works, we can tell you with confidence that it really does not matter who files for divorce. If there is a contested matter, the court will consider both points of…
California makes it a misdemeanor to illegally possess a controlled substance. The definition of a controlled substance would include drugs such as: Cocaine Heroin Meth Morphine Oxycodone Simple possession can be punished by up to a year in jail. However, the reality is that possession for a first-time offender, with nothing more in play, would not lead to a…
In the best-case scenario, the judge’s role in your divorce case would be limited to issuing orders and reviewing the terms of a marital settlement agreement. In most cases, divorces will settle out-of-court, and the judge would only need to formalize the solution upon which the two parties have agreed. In some cases, the judge may have to do…
Most divorce cases will end with a settlement agreement. Some couples may need to go to greater lengths than others to negotiate an acceptable solution. They may have difficulty getting on the same page because they do not want to compromise. Mediation is a way of getting help to resolve differences and facilitating discussions between the two spouses. Mediators…
If police officers have respected your legal rights when you are arrested, they will tell you that you have the right to remain silent. The question is whether you should choose to exercise this right. The answer is absolutely, because of the second part of this statement – anything that you say can and will be used against you…
You should never downplay an arrest or not take it seriously because you perceive it to be a “minor crime.” There is practically no such thing as a minor crime because any conviction could have an outsized impact on your present and future. In terms of punishment, theft can be very serious, depending on the amount at issue in…
One of the most complex legal issues in a divorce happens when one or both spouses own a business. In that event, the ownership interest in the business needs to be divided, or one spouse needs to be paid for their share. There are a number of issues that need to be addressed in dividing a business. They include:…
