Part One: The Overview At some point in a CPS / DCFS case you will be entitled to your trial. Now there are 2 different trials you should be aware of: jurisdictional and dispositional hearings. They are very different. And you should understand the difference. First, and most confusing to most people is that […]

In many cases where county social workers investigate allegations of child abuse and child neglect they don’t have enough evidence against parents to file a juvenile dependency case and the social workers don’t have enough evidence to remove the children from the parents’ custody. One of the ways the social workers try to obtain that […]

  Even most people who are not policemen and lawyers understand that faking someone else’s signature on a check constitutes the crime of forgery. So does trying to falsify one’s junior college academic transcript with the intention of sending the document to a prestigious university to gain admission. These are simple examples of ways one […]

California has been a national leader in habitual offender legislation, commonly referred to as “3 Strikes” laws. The reasoning behind such laws is pretty simple: Give harsher sentences to criminals who have been convicted of three or more serious felonies because they will just re-offend if they’re not behind bars. Kidnapping, Attempted Murder, sex acts […]

Graveyard shift cab drivers and criminal defense lawyers are repeatedly witnesses to a hard truth in California: Illegal drug use is common. Not only is it common, it is common among people from a variety of backgrounds. Educated, uneducated, wealthy, middle class, poor, black, white, conservative, liberal, spiritual, non-religious… you name it, attorneys and guys […]

Commonly, it is the supposed “victim” in a domestic violence case who seeks out a lawyer to represent her husband or boyfriend. And the assertion presented in the above title is often one of the first things she tells the attorney she has just hired. Firstly, be advised that a person in this type of […]

      Should I Meet And Talk To The Child Protective Services Social Worker? I can univocally state the answer is NO, do not meet with the CPS or DCFS social worker without your attorney, 99 percent of the time. This advice is based on approximately 25 years of experience handling juvenile dependency cases […]

California Penal Code 17(b) allows for certain felonies to be reduced to misdemeanors.  Under Section 17(b), such felonies can be reduced to misdemeanors before or after sentencing.  The timing of a charge reduction can be crucial.  For instance, a domestic violence incident charged as a felony under P.C. 273.5 is a “strike” offense. If the […]

They didn’t read me my rights! Shouldn’t my case be thrown out? The above questions are ones California defense lawyers hear rather frequently during initial interviews with new clients. The short answer is: It depends. As a result of a Supreme Court case entitled Ernesto Miranda v. Arizona, law enforcement officers are required to give […]

If you are contemplating getting a divorce but haven’t started the process, this blog will tell you what forms you need to start the process.  All the forms described below can be found on the California Courts website, www.courts.ca.gov. Once you are on the site, clink on the gray “Forms and Rules” tab at the […]

In recent months, I have had the opportunity to represent teenage mothers caught in custody disputes.  On two occasions, the father was refusing to return the infants to the mothers.  The teenage mothers asked the police for help but the police were unable to help given that there were no court orders.   The following information […]

  I get asked this question at least 5 times a day.  And it is an important question.  It may well decide what happens, and what eventually happens to you and your children.  Having said that, 99% of the time I recommend that parents NOT talk to social workers.  And this advice is not the […]

Joint suspension is a term frequently mouthed by defendants sitting in jail and attending proceedings in local courthouses. People facing felony charges commonly look at joint suspensions as a good solution to their current problems in the legal system, however, defense lawyers don’t always share that opinion. A joint suspension can commence when a defendant […]

The First Hearing:  The Arraignment Detention Hearing Once the social worker’s investigation of alleged child abuse or neglect is completed, in most situations the social worker may file a request with the juvenile court for a warrant or court order to take away your child/ren.  This is known as “detaining” or “taking your children into […]

In recent months, I have had the opportunity to represent teenage fathers caught in custody disputes.  The scenario I have encountered is a teenage couple breaks up and the mother starts denying father visitation with the children. YOU ARE ENTITLED TO 50/50 Although some might still believe that a mother’s rights are superior to the […]

Ten New Tax Changes That You Should Be Aware of Before Filing Your 2013 Tax Return The new tax season has arrived! The IRS will not start processing tax returns until January 31, 2014 but taxpayers are still encouraged to begin preparing their returns in anticipation of the processing date. There are numerous tax law […]

HOW DOES THE COURT CALCULATE CHILD SUPPORT Many clients are confused about how child support is calculated and what factors are considered, the following is a brief explanation. CHILD SUPPORT IS CALCULATED USING A COMPUTER PROGRAM Attorneys and judges use a computer program to calculate child support and spousal support.  The most common are Dissomaster […]