Question 1

What should I do if I've been arrested for a crime?

Accepted Answer

If you have been arrested for a crime, or even contacted by law enforcement to request an interview, it is important that you exercise your constitutional right to remain silent and not provide any self-incriminating statements. Contact a criminal defense attorney right away to ensure that your rights are protected. Your attorney will guide you through the complex legal process, explain your options, and build a strong defense strategy to fight the charges against you.

Question 2

How long will a criminal case take to resolve?

Accepted Answer

The length of a criminal case can widely vary depending on factors including the complexity of the case, the charges against you, the court’s caseload, whether the defendant is in or out of custody, and the negotiation or trial process. Misdemeanor cases usually resolve within a few months, while felony cases can take several months to years to reach a resolution. Your attorney will work diligently to move the case along as quickly as possible without sacrificing your rights and while pursuing the best possible outcome.

Question 3

What are the potential penalties for a criminal conviction?

Accepted Answer

The penalties for a criminal conviction depend upon the nature of the offense, the severity of the crime, and your criminal history. They can include fines, probation, community service, restitution, mandatory counseling or classes, the loss of driving privileges, and incarceration. In serious cases, such as violent crimes or felonies, the consequences may also include lengthy prison sentences. Your attorney will assess your situation and strive to minimize the potential penalties you may be facing.

Question 4

Can I be charged with a crime even though I am innocent?

Accepted Answer

Unfortunately, innocent individuals can sometimes be wrongfully accused or charged with crimes. However, being charged with a crime does not amount to guilt, and everyone is innocent until proven guilty beyond a reasonable doubt. Your attorney will investigate the evidence, challenge the prosecution’s case, and present a robust defense to prove your innocence or raise reasonable doubt in the eyes of the jury.

Question 5

Should I accept a plea bargain?

Accepted Answer

Deciding whether to accept a plea bargain is a crucial step that should not be made lightly, and should be made in consultation with your lawyer. While plea bargains often offer reduced charges or sentencing, they may not always be in your best interest. Your attorney will thoroughly analyze the facts of the plea offer, the strength of the case against you, and provide guidance on whether accepting the offer or proceeding to trial would be more advantageous to your situation.

Question 6

What is the difference between a misdemeanor and a felony?

Accepted Answer

Misdemeanors and felonies are two broad categories of criminal offenses. Misdemeanors are generally less serious crimes and are typically punishable by up to 364 days in county jail, fines, probation, or a combination of these penalties. Felonies, on the other hand, are more serious crimes that can result in imprisonment in state prison for more than a year, significant fines, and other severe consequences including the loss of firearm rights, the loss of the right to vote, difficulty finding housing or employment, and more. Your attorney will explain how the specific charge against you fits into these categories and what it means for your case.

Question 7

Can my criminal record be expunged?

Accepted Answer

Under many circumstances, it may be possible to have your criminal record expunged or sealed in California. Expungement is a legal process that allows you to petition the court to dismiss and seal your prior criminal conviction. However, not all offenses are eligible for expungement and specific criteria must be met. Consulting an experienced criminal defense attorney with help determine if you qualify for expungement and guide you through the process.

Question 8

Will I have to go to trial?

Accepted Answer

Not all criminal cases go to trial. Many cases are resolved through negotiation, diversion, or some other favorable resolution. However, if a fair agreement cannot be reached, your attorney will be fully prepared to go to take your case to take your case to trial and vigorously defend your rights in court. Your attorney will discuss the potential outcomes and guide you through the decision-making process.

Question 9

What is the role of a criminal defense attorney in a criminal case?

Accepted Answer

A defense attorney plays a crucial role in a criminal case. They are responsible for protecting your rights, examining evidence, conducting investigations, identifying weaknesses in the prosecution's case, negotiating with the prosecution, and representing you at trial if necessary. They will strive to build a strong defense strategy, challenge the evidence against you, and present compelling arguments to obtain the best possible outcome for your case.

Question 10

Can I change my lawyer if I’m not satisfied with their representation?

Accepted Answer

Yes, you have the right to change your attorney if you are not satisfied with their representation. However, it is advisable to carefully consider your decision and consult with another attorney before making any changes. Changing attorneys can have implications on your case timeline and may require obtaining your new attorney's familiarity with the case. If you are considering a change, discuss your concerns with your current attorney or seek a second opinion from another experienced criminal defense attorney.

Question 11

What is a personal injury case?

Accepted Answer

A personal injury case arises when an individual suffers physical or emotional harm due to someone else's negligence or intentional actions. Personal injury cases can include car accidents, slip and falls, medical malpractice, product liability, workplace accidents, and more. In these cases, the injured party, known as the plaintiff, seeks compensation from the responsible party, known as the defendant, for their damages.

Question 12

What should I do after being injured in an accident?

Accepted Answer

After being injured in an accident, it is essential to prioritize your health and safety. Seek medical attention immediately, even if your injuries seem minor. Document the accident scene, gather evidence, take photographs, and obtain contact information from any witnesses. Report the incident to the relevant authorities or property owners. It is also crucial to consult with a personal injury attorney as soon as possible, as they can guide you through the legal process and protect your rights.

Question 13

Why should I hire a lawyer?

Accepted Answer

If you were injured in an accident that was caused by another party’s negligence, having a personal injury lawyer on your side could improve your chances of obtaining the compensation you deserve. Insurance companies will often try to settle these claims as soon as possible by tempting injured parties with lowball offers. Our attorney could advise you on what a reasonable settlement offer would be and fight for you in court if necessary.

Question 14

How soon after my injuries do I have to file a lawsuit?

Accepted Answer

Every state has a statute of limitations, which is the window of time an injured person has to file a lawsuit. In California, the statute of limitations is two years, starting on the date of your injuries. If you could not have reasonably known about your injuries when you sustained them, which is common in medical malpractice cases, the clock will begin when you should have reasonably become aware of them. That is why it is important to contact an attorney as soon as possible.

Question 15

What should I bring when I meet my lawyer?

Accepted Answer

Depending on the type of accident that caused your injuries, you may have documents to bring with you when you meet with your lawyer. Generally, you should bring any documents you have related to your injuries. If you were in a car accident, bring a copy of the police report, photos of the damage done to your vehicle, photos of your injuries, medical records related to your injuries, a copy of your car insurance declaration page, wage loss information, and estimates for the repairs needed for your vehicle. If we need additional information for you, we will provide a detailed checklist and can gather these documents for you if necessary.

Question 16

What damages can I recover in a personal injury case?

Accepted Answer

In a personal injury case, you may be eligible to recover various types of damages, including:

Medical expenses: Compensation for past and future medical treatment, hospital bills, medication, therapy, and rehabilitation costs.
Lost wages: Reimbursement for income lost due to the injury, including future earning capacity if the injury impacts your ability to work.
Pain and suffering: Compensation for physical and emotional pain, anguish, and distress caused by the injury.
Property damage: Reimbursement for repairs or replacement of damaged property, such as a vehicle.
Punitive damages: In rare cases involving extreme negligence or intentional misconduct, additional damages may be awarded to punish the defendant.

An experienced personal injury attorney will assess your case, evaluate the damages you have suffered, and seek fair compensation on your behalf.

Question 17

How is fault determined in a personal injury case?

Accepted Answer

Fault in a personal injury case is typically determined by assessing negligence. Negligence occurs when someone fails to act with reasonable care, resulting in harm to another person. To establish fault, it must be shown that the defendant owed a duty of care to the plaintiff, breached that duty, and caused the plaintiff's injuries. Gathering evidence, witness testimonies, expert opinions, and accident reconstruction can help establish fault. A personal injury attorney will investigate your case, gather evidence, and build a strong argument to prove the defendant's negligence.

Question 18

Should I accept the insurance company’s settlement offer?

Accepted Answer

Before accepting any settlement offer from an insurance company, it is crucial to consult with a personal injury attorney. Insurance companies often aim to settle claims for the lowest possible amount to protect their interests. An attorney will assess the offer, evaluate the full extent of your damages, and negotiate on your behalf for a fair settlement that adequately compensates you for your losses. Accepting a settlement without legal guidance may result in inadequate compensation for your injuries.

Question 19

How long does a personal injury case take to resolve?

Accepted Answer

The duration of a personal injury case varies depending on several factors, such as the complexity of the case, the extent of injuries, and the willingness of the parties to negotiate. Some cases can be resolved through settlement negotiations, which may take a few months. However, if the case goes to trial, it can take significantly longer, potentially years. Your personal injury attorney will strive to resolve your case efficiently while ensuring that your rights are protected throughout the process.

Question 20

Can I still pursue a personal injury case if I was partially at fault for the accident?

Accepted Answer

Yes, you may still be able to pursue a personal injury claim even if you were partially at fault for the accident. California follows a comparative negligence rule, which means that your compensation may be reduced based on your percentage of fault. As long as you were not entirely responsible for the accident, you can still seek damages. An experienced personal injury attorney will assess the circumstances, determine the degree of fault, and work to maximize your compensation based on the applicable laws.

Question 21

What if the responsible party doesn’t have insurance or enough coverage?

Accepted Answer

If the responsible party does not have insurance or lacks sufficient coverage to fully compensate you for your damages, you may have other options. Your personal injury attorney will explore avenues such as uninsured/underinsured motorist coverage, if applicable, or pursue a claim against other potentially liable parties. They will help you navigate the legal options available to ensure you receive fair compensation for your injuries.

Question 22

How much will it cost to hire a personal injury lawyer?

Accepted Answer

Most personal injury attorneys work on a contingency fee basis, which means they only get paid if they secure a favorable settlement or win your case at trial. The attorney's fees are typically a percentage of the total compensation awarded. The exact percentage can vary depending on the complexity of the case and the attorney's experience. It is crucial to discuss fees and payment arrangements with your attorney during the initial consultation to have a clear understanding of the costs involved.

Question 23

What is family law?

Accepted Answer

Family law is a legal practice area that encompasses issues related to family relationships, including divorce, child custody, child support, spousal support (alimony), property division, domestic violence, adoption, paternity, and more. Family law attorneys specialize in representing clients in matters related to marriage, divorce, child custody, and various familial disputes.

Question 24

Do I need an attorney for my divorce?

Accepted Answer

While it is possible to represent yourself in a divorce proceeding, it is highly recommended to have an experienced family law attorney by your side. Divorce involves complex legal and financial matters, and having an attorney will ensure that your rights are protected, all necessary documents are filed correctly, and you have someone advocating for your best interests during negotiations or in court.

Question 25

How long does it take to get divorced?

Accepted Answer

No two divorces are alike, so the time it will take to dissolve a marriage varies. If your divorce is uncontested, you do not have children, and you do not have substantial assets, your marriage could be dissolved relatively quickly. If your divorce is contested, you have children, and significant assets, a final decree in a divorce would likely require more time.

Question 26

What factors determine if alimony is granted in a divorce?

Accepted Answer

The court will take a number of factors into consideration when determining if alimony should be awarded, including the length of the marriage, the age of both parties, each party’s earning capacity, the ability of each party to secure gainful employment after the divorce, and the standard of living in the marriage.

Question 27

What is community property in a divorce?

Accepted Answer

In California, community property is divided 50-50 between the parties. Community property is defined as all income earned during the marriage and all assets acquired during the marriage. Even if your earnings went to a bank account in your name, your spouse would still be entitled to a portion of it. There are some exceptions, however, including gifts or inheritances, which would remain separate property. Generally, any assets or income you earned before the marriage would be considered separate property unless commingled with community property.

Question 28

How is child custody determined in California?

Accepted Answer

When determining child custody in California, the court considers the best interests of the child. Factors such as the child's age, health, and emotional bonds with each parent are evaluated. The court may also consider the ability of each parent to provide for the child's needs and their history of involvement in the child's life. It is crucial to have a skilled family law attorney who can present strong arguments and evidence to support your desired custody arrangement.

Question 29

How is child support calculated  in California?

Accepted Answer

Child support in California is determined using a specific formula outlined in the state's guidelines. The formula takes into account factors such as the parents' incomes, the number of children, the amount of time each parent spends with the child, and other relevant expenses. It is important to provide accurate financial information to ensure a fair calculation. A family law attorney can help you navigate the process and ensure that child support is calculated correctly.

Question 30

Can child custody and visitation orders be modified?

Accepted Answer

Yes, child custody and visitation orders can be modified under certain circumstances. If there has been a significant change in circumstances or if the existing order no longer serves the child's best interests, you can request a modification. Examples of significant changes may include relocation, a parent's change in work schedule, or concerns about the child's safety. A family law attorney can guide you through the modification process and help present a strong case for the changes you are seeking.

Question 31

What is the difference between community property and separate property?

Accepted Answer

In California, community property refers to assets and debts acquired during the marriage, which are generally divided equally between the spouses during a divorce. Separate property, on the other hand, includes assets or debts owned by one spouse before the marriage, received as gifts or inheritances during the marriage, or obtained after separation. Determining community property and separate property can be complex, and a skilled family law attorney can assist in identifying and valuing these assets accurately.

Question 32

Can I get spousal support (alimony) after divorce?

Accepted Answer

Spousal support, also known as alimony, may be awarded in California if certain conditions are met. Factors such as the length of the marriage, each spouse's earning capacity, their age and health, and the standard of living during the marriage are considered when determining spousal support. A family law attorney can assess your circumstances, advocate for a fair spousal support arrangement, and ensure that your financial needs are adequately addressed.

Question 33

What is the process for adopting a child in California?

Accepted Answer

The process for adopting a child in California involves several steps, including completing a home study, attending adoption education programs, filing an adoption petition, obtaining consent from the child's biological parents or having their parental rights terminated, and attending court hearings. The process can be complex and time-consuming, but an experienced family law attorney can guide you through each stage, ensure legal requirements are met, and facilitate a successful adoption.

Question 34

How do I protect myself from domestic violence?

Accepted Answer

If you are experiencing domestic violence, it is crucial to prioritize your safety. You can seek a restraining order, also known as a protective order, to legally prevent the abuser from contacting or approaching you. A family law attorney can help you understand your options, assist in filing the necessary paperwork, and advocate for your safety during the legal proceedings.

Question 35

What is mediation, and how does it work in family law cases?

Accepted Answer

Mediation is a method of alternative dispute resolution commonly used in family law cases. It involves a neutral third-party mediator who facilitates negotiations between the parties to help them reach mutually acceptable agreements on various issues, such as child custody, visitation, and property division. Mediation can be a cost-effective and less adversarial approach to resolving conflicts. Your family law attorney can provide guidance and represent your interests during the mediation process.

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