law and legal

Charged With A Theft Crime In Los Angeles? This Article Is For You!

Theft is a common criminal charge in California. It is critical for anyone accused of a theft crime to have a basic understanding of theft law, including how a prosecutor attempts to prove theft, punishments for theft, and defenses to theft allegations.

Petty Theft (Penal Code 484) and Grand Theft (Penal Code 487) are the two most commonly charged theft offenses. The only difference between petty theft and grand theft is the value of the allegedly stolen property ? if the allegedly stolen property has a value of $400 or more grand theft may be charged.

How does a prosecutor prove theft? Whether charged with petty theft or grand theft, a prosecutor must prove the following facts: (1) the defendant took possession of property owned by another person; (2) that person did not consent to defendant taking the property (3) when defendant took the property he had the intent to take it permanently or for a significant amount of time; and (4) defendant moved the property and kept it ? ?movement? occurs even if the defendant moved the property only a small distance and kept it for only a short period of time.

What are the punishments for petty theft? Petty theft is a misdemeanor, typically punished by up to 3 years of informal probation, a maximum sentence of 6 months in county jail, a $1000 fine, or both. In some instances, such as when the value of the stolen property is small and the defendant has no criminal history, petty theft may be charged as an infraction and dismissed if the defendant completes theft education classes.

What are the punishments for grand theft? Grand theft is a ?wobbler,? meaning that it can be charged as a misdemeanor or as a felony if the property has a high value. Misdemeanor grand theft carries a basic punishment of 3 years of informal probation, up to six months in jail, a $1000 fine, or both. Felony grand theft can be punished by16 months, 2 or 3 years in state prison.

Defenses to theft charges! Theft charges are often based on weak evidence that must be vigorous challenged. Depending on the facts of a case, defenses to theft charges may include: (1) lack of intent ? when the defendant took the property he did not intend to permanently keep it, (2) right of possession ? theft is not committed if the allegedly stolen goods belong to the defendant and the defendant has a right to possess them, (3) consent ? defendant had consent to take the allegedly stolen property, and (4) false theft allegations.

If you have been charged with a theft crime in Los Angeles, Van Nuys, Beverly Hills or other parts of California I hope this article has been helpful.

Sincerely,
Garret Weinrieb, Esq.
Valerio | Weinrieb Criminal Defense Attorneys

(note: Information contained within this article is intended for general information purposes only and is not, nor is it intended to be, legal advice for any individual case or situation. The information contained within this article is not intended to create an attorney-client relationship and use of this article, and any information contained herein, does not constitute such a relationship.)

legal advice

Timeline of the DUI Process

Most people who have been arrested for a DUI want to know how long it will take to fight the case. The process can take anywhere from one to four months, with some cases taking as long as nine months. If you are wondering how to fight a dui, get in contact with a dui attorney as soon as possible to learn the specifics of the dui process in your state. You may spend about several initially between meetings with your lawyer and treatment. Below is a general timeline of the DUI process in many states.

Arrest for DUI: One of the first things you should do is ask to get in contact with a lawyer. The police officers might have an on-call attorney available or you might need to find your own DUI attorney using the yellow pages. An attorney can advise you on how to proceed.

Immediately Following the Arrest: An arraignment is generally scheduled for the next business day following your arrest. The timing on this can vary by state and court scheduling, but for the most part it will be your first appearance in court. Your presence is required in court and this is where you enter a plea and are advised of your rights.

As Soon As Possible: Get set up for a evaluating and enroll in a treatment program. Treatment or classes don’t take long and will probably be required anyway, so the sooner you get started the better. Early treatment may even speed up the process.

Within 20 Days: Contact the licensing agency or department for your state. You must generally request a hearing regarding the status of your driver’s license. You may get a letter from your state telling you the deadline for this submission and it must be completed within that timeframe. A hearing is usually scheduled within 60 days of your arrest date.

6 Weeks: This is generally about the time that your lawyer will schedule a pre-trial conference with the Prosecuting Attorney to negotiate a plea bargain for you. Most times the court will set this date in coordination with your attorney.

6 Weeks to 3 Months: Additional hearings may be scheduled regarding the suppression of evidence if your attorney has filed any motions on your behalf. Your attorney may file these motions if they believe that your constitutional rights were violated.

Within 3 Months: If your case proceeds to trial, then atrial usually occurs within 3 months after your arraignment or initial plea if no plea bargain has been agreed upon.

After the Trial or Plea Bargain: Sentencing will be imposed soon after a plea bargain is accepted or the conclusion of the trial. DUI penalties can include jail time, home detention, fines, community service, or alcohol classes.

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Finding A Certified Court Reporting Service In Hong Kong

Court reporting firms have gained popularity at a fast pace. If you are looking for Court Reporting in Hong Kong, you should ensure that you have a better perspective about how exactly reporting firms function. One of the most important work that Court Reporting Company does is that they help in providing a proper legal deposition to the jargon used in court during speeches, meetings and legal proceedings, while still adhering to the rules for taking depositions. This enables all the involved individuals/sides to be better informed about the proceedings.

Most Important Aspects of a court reporting firm are as follows:- 1) Highly accurate transcription/translation of legal proceedings – While a legal proceeding is going on, it’s very important that all the smallest aspects of a trial are well documented. This of course requires professional help. A Court Reporting firm can help in putting together a transcription and translation service for your legal case.

2) Legal video deposition- In the modern world, digital knowledge base has its own importance. Especially in legal cases, most professional court reporting firms can provide on-demand Video Services for their clients.

3) Document Management – To ensure that there is no unnecessary pile-up of unwanted data, a court reporting company can help you in trial presentation too. In contrast to old times, when paper and ink found excessive use in documentation, a professional Court Reporting Firm can help you with trial presentation too.

4) Closed Captioning – To ensure that all the legal verbiage is well understood, closed captioning is picking up its popularity, fast. Also, in case of hearing impaired, closed captioning helps in message communication quite professionally and effectively.

When you are dealing with an important legal case, it’s very important that you ensure that you are dealing with most professional options available. There is no room for testing a better priced novice option, hence it is imperative that you review all the available options and shortlist a polished, professional Court Reporting firm that is thorough with the rules for taking depositions.

All in all a Hong Kong reporting firm can provide you end-to-end “Litigator’s Solution” for an ongoing legal proceeding. These Reporting firms in Hong King, also help one understand and interpret the legal proceeding. They act as a layer of information permeation between Judges, Jury and the Lawyers.

law and legal

Five things that a Charlotte Family Lawyer can help with Today

If you want to hire a Charlotte family lawyer you are not alone. Unfortunately, this is not often a good thing. It typically means that you are dealing with some sort of dispute with a spouse or an ex-spouse. As stressful as it may be, once you have the right attorney on your side things will begin to get better. This is why it is so important to choose a lawyer who is experienced and able to help with the particular situation you are facing.

For example, Charlotte Custody Attorney Timothy Porterfield has been serving the area for many years. He has worked with every imaginable type of case, even those that are extremely complex and messy.

If you are unsure of what a family lawyer has to offer or whether this type of professional is best for you, it is time to get in touch with somebody who can answer all your questions. At this point, you will have a clear understanding of what comes next.

To fully understand what a Charlotte, NC family lawyer can do for you, it is best to contact a professional on the phone. That being said, here are five areas in which they specialize.

Are you currently dealing with one or more of these issues? If so, you need to contact a family lawyer who can answer your questions and review your situation. You may think you know what you are doing, but once you speak with an attorney you may find that you have been making all the wrong decisions. As you move forward, you cannot continue to make mistakes.

Do I need an Attorney?

People often times shy away from hiring a family lawyer for two reasons. First off, they don’t know how much it is going to cost and whether or not they can afford it. Secondly, they are embarrassed and don’t want to show their business to the world.

There is no denying that you will have to pay for the services of a family lawyer. But remember, you are getting a lot in return as far as service and expertise is concerned.

As far as being embarrassed, keep in mind that your lawyer is not going to share your situation with anybody. Along with this, they have many years of experience dealing with people just like you. This means that they have seen every imaginable situation. There is nothing to worry about here.

As you can see by now, there are quite a few ways that a Charlotte family lawyer can help. If you don’t know what a lawyer can do for you or even if you need assistance, you should contact one to explain where you are. This is the only way to find out for sure if you truly need to hire an attorney or if you can do things on your own for the time being.

legal advice

How to Write a Sale of Business Agreement

Writing a sale of business agreement can seem like quite the task to tackle because it is essentially the document that holds the transaction in place and keeps everyone safe from getting financially burned by any part of the process. The contract provides the framework for the agreement, and it even serves a reference that any of the parties to the agreement can look back on in times of uncertainty.

Including All Parties

When you first begin drafting your sale of business agreement, you are going to need to clearly spell out who all is involved in the sale with full names and addresses. Any investors or other parties that are involved financially in any way are going to need to be included. This is mostly to avoid confusion down the road in the event that the buying parties might need clarity on who exactly was involved in the sale.

Going Over What Exactly is Being Sold

This may take some time, but you’ll need to list every exact thing that is being sold. This includes everything from the logos and design to the business records and databases. Anything associated with the business will need to be included in this section to avoid conflict or confusion.

Drafting the Disclosure Section

The disclosure section is a major one that will keep anyone involved in the contract from pulling any low blow stunts, if you will. The disclosure section essentially states that all parties to the contract have disclosed all pertinent liabilities such as law suits, debts, or other burdens. If there are undisclosed encumbrances that the seller has failed to mention, the buyer is essentially not responsible for them per the sale of business agreement. Additionally, it can protect the seller from buyers with undisclosed bad credit or other hindrances. This is why it’s extremely important to include this section. It essentially ensures that no one is hiding any skeletons in their closets and everything is out on the table. Breaching this contract means that the other party is not held liable.

Documenting Payment Terms

The terms of payment must also be documented in the contract. This means, for example, if the payment for the business is going to be made in installments, this will all be recorded and documented in the payment terms section. The payment terms should also be very specific, including information pertaining to whether it will be paid for cash or check, or even other parties that are involved such as brokers or bank institutions.

Finalizing with Signatures

When the time comes to sign the document, it is best that you require all parties to sign their names just as they appear in the beginning of the document to avoid confusion. It may be a good idea to get the contract looked over and “OK’ed” by an attorney before handing it to anyone involved in the transaction. They’ll be sure to help you find any loopholes and strengthen the document to where it is as clear and solid as possible.

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Why Should You Invest In E-discovery Litigation Solutions?

In elementary terms litigation support involves precise conversions of written reports, diskettes and any other kind of files to a retrievable form that the users can access from digital files. Workers associated in this field are usually the ones who have the expertise in areas like psychology, forensics and other fields that would be an assistance to the lawyers in winning a case.

What are litigation support services?

This comprises all the important procedures that are required in helping lawyers in their legal cases. The following aspects are part of litigation support services: * Preparing documents for legal purposes

* Organizing data and filing reports that are simple to obtain digitally

* Going through documents that might be helpful during the legal proceedings

* Discovering strong witnesses by interacting with other witnesses involved in the legal case

* Converting the documents in other formats making use of IT technology

In order to make the litigation process efficient eminent solution providers have introduced electronic discovery litigation support solutions. This helps in simplifying the overall e-discovery lifecycle with an easy-to-use, single application that minimizes the expense, time and intricacies involved with e-discovery. Other benefits of this solution are: * Helps in consolidating the total e-discovery process from legal hold of identification with the help of production and review assisting the iterative nature of ediscovery

* Reduces the expensive and time consuming movement of information between various separate tools

* Brings down the review volume up to 90 percent

* Minimizes the processing expense and time by 80 percent

* Helps in attaining quick insights into the concept and keyword search results to prepare for keyword negotiations in a better manner during Meet and Confer

* Helps in performing Early Case Assessments (ECA) quickly in order to scope litigation expense and timeline

* Helps in quickly identifying the main custodians and significant evidence to cater to the FRCP and court appointed deadlines

* Offers complete transparency and lifecycle reporting in order to make sure the defensibility of the e-discovery procedure as well as minimize the court sanction risks

Today numerous law firms seek assistance from their own in-house litigation support. However, it is advised that joining hands with a leading e discovery litigation support partner is way more practical and affordable. The firms that have outsourced litigation assistance have been successfully able to achieve practical benefits within a reasonable budget. When you are considering investing in a solution provider it is important that you choose one that has positive market feedback along with experience.

law and legal

Common Blunders a DWI Lawyer Should Avoid

There is no denying that DWI laws are indeed intricate by nature. Because of the complexity, which is involved in these laws, attorneys tend to make mistakes and their clients have to suffer for it. If you happen to be a DWI lawyeryou should see that the interests of the defendant are properly protected at the court. When you are about to fight a DUI case for your clients you need to maintain your levelheadedness. At the same time, you should be prepared enough so that you do not commit mistakes that ultimately push your clients to the corner. Here is a close look at some common blunders about which you need to avoid when you take up a DWI case.

Ignoring license revocation

In most cases a DWI lawyertends to ignore a case of license revocation. The reason is that they think it is too tough to win a license revocation case. However, in reality it is nothing but an ungrounded fear in an attorney. You can win the case in many ways. In general, a revocation of license is imposed on an individual on the basis of breath test. Therefore as a DWI attorney, you should make it a point that you are going to base your strategies on technical defenses. You can win the case in favor of the defendant if they are able to prove that

Your client has diabetesYour client is on Adkins dietYour client has denturesYour client takes solventAlcoholic antiseptics have been used at the time of blood testThe result of a retest is below .10

Ignoring the significance of a pre trial

In a DUI case attorneys often forget to file for a motion of pre trial. This particular trial is a must in a situation when there has been no primary hearing. So before you go to contest a DUI you should make it a point that you have applied for a pre trial for your client.

Insufficient knowledge in breath test regulations

In most cases it has been observed that DUI attorneys do not get them thoroughly educated in the rules and regulations related to breath tests. It is in fact a grave mistake on their part and their insufficient knowledge might prove to be detrimental for their clients. Therefore, you should know these rules well before you are go to contest a DUI case.

Ignoring the arrest location

In most cases, it has been noticed that a DWI Lawyerdoes not check the arrest location personally. It is a grave mistake on their part. When you take up a DUI you have to make it sure that you do not commit the same mistake. As a sincere and committed lawyer, you have to make it a point that you check out the location personally. Visiting the place for yourself you will be able to collect accurate information which will ultimately help you out in questioning the arresting officer.

As a DWI specialist, you need to be careful about these mistakes. Avoiding them, you will surely see an increase in your DUI attorney fees.

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What An Estate Planning Lawyer Can Do For You

If you have a number of properties under your name, it is most ideal to consider preparation and arranging them with the aid of an estate preparation legal representative. To you it might still be early to think about your household’s future, especially your youngsters. Yet nobody actually knows what will occur, so it is best to ready in advance to prevent problems and possible events to take advantage of the situation.

Placing your assets, such as real estate residential properties, in place as early as now will certainly guarantee satisfaction for both you and your family members. Setting up a will is likewise essential if you have actually already stopped working and appreciating your retired life years. Your will certainly can be prepped with the help of your attorney who could draft the essential disorders and allocations based upon your decisions. The cumbersome documentation can be completed flawlessly by a professional lawyer who concentrates on estate planning. By calling someone whose quality is made up by many of his clients can surely aid you in accomplishing your wanted targets for the future.

Dealing with your personal property could be effortlessly said than done. An estate preparing legal representative can offer you the most effective choices on the best ways to handle your cash, estate, and various other possessions. As a matter of fact, you could make specific regulations on just how and that will manage your valuable assets throughout your golden years and past. You might have stored your residential property records within a believe in, but you will require to grant them to your named beneficiaries. The very early you intend and accomplish all these, the better for your properties.

In the case of breakup, an estate planning attorney could help compose the needed actions regarding where your cash should go and who should gain from it after the crack. More often than not, some married couples forget the importance of keeping their assets for their youngsters because all they want is to obtain their share of properties once the marriage mores than.

Preparing for your golden years and having a correct lawyer at hand could make things easier for you, specifically when the time comes when you are no more around to especially hand over and designate your residential properties and assets. This can additionally assist your household, specifically your children, throughout your lack and their vulnerability. This could give every person comfort and clarity when the correct time comes.

While your loved ones and closest household can offer aid in these elements, it is still excellent to allow the expert and professional attorney manage it for you. You must speak to a lawyer quickly if you are already preparing for your future and the security of your possessions.

A Utah Estate Planning Attorney can better clarify the importance of securing your possessions as early as now. This will definitely assist your family and avoid disagreements over your properties when you have actually passed away.

legal advice

Legal Tips to Make a Claim For Medical Negligence Through Experts

You can go for a medical negligence claim against any individual or party, who is responsible for putting you in harm that works in the medical health and care profession.

Here are some situations of this claim……..

Surgical errors can be dangerous leading to death. Minor errors may worsen patients health or put the patient in pain. Very often doctors left surgical instruments like needle, cotton, knife etc in patient’s body and it is due to absent mind but the patient suffers a lot.

Diagnosis is the first step of treatment and a proper diagnosis identifies patient’s illness and cause to be treated properly but misdiagnosis may put the patient in harm or lead to a wrong procedure. If you have suffered for any misdiagnosis procedure, you are able to make a claim.

Any person who seeks a medical professional for diagnosis is entitled to receiving it on time but the appointed doctor fails to diagnose on time for no valid reason. You can make a claim.

Any injury or unexpected medical conditions caused due to negligence of any staff engaged to look after you.

Any disease contracted because of poor health and safety procedures in a medical institution.

Whiplash injury may be defined as injuries usually caused by hyper extension of any part of your body. This type of injuries are commonly associated with road traffic accidents and can be sustained in many other ways. Diagnosis of whiplash injury is too difficult and is extremely difficult for your solicitor to make a strong whiplash injury claim. You should report to the casualty department of your nearest hospital immediately or make an urgent appointment with your physician.

Medical negligence is a particularly complex area of law and any potential claim must be investigated thoroughly, and an arduous task for both the lawyer & the victim. To be eligible for financial compensation you have to prove that your injury was caused by improper treatment. The amount of money awarded reflects the level of pain and loss the victim has suffered.

As it is a complex procedure you should hire a lawyer who has practiced such cases successfully. Take legal solutions from him and collect all bonafide documents to be awarded with maximum amount of money. Many law farms are providing services for these claims. You may contact with these law farms for legal advice. They also work on no win, no fee like conditional procedures. The choice is yours.

law and legal

The Need of a Conveyancer in Australia

The legal process of buying or selling of property or land requires different types of documentation. In this process of transferring of title, one has to make sure that all the works related to sales contract, bank documentation and other things are done in a proper way so to make the transfer complete. This is one big problem, as one has to take care of federal, state as well as local laws.

There are different kits available that can help an individual to complete the job by self, but due to the complexity of the process, many people consult the conveyance professionals and they do all these job for its clients. When in NSW one would find many conveyancers and different conveyancing firms that are ready to help the people. According to the laws of Australia, all professional conveyancers have to be licensed and thus one can get the job done without having to worry about it. These professionals are responsible for doing the different works that are related to conveyancing. The first is title search and making inspections to see if there is any restriction or dispute on the property. This is done because there is a lot of money that is involved in buying or selling a house or land and no person wants to buy one that has certain restrictions in it. The next thing is to see to it that all the special conditions that are mentioned in the contact are fully abided by.

The conveyancers also make sure that the respective party has paid the different taxes like land tax, water tax etc. Next, these professionals make arrangement for the payment by holding talks with banks and finally produce the legal documents. In general the whole procedure takes about four to six weeks’ time, of which the title search process takes up majority of the time. Thus one can see the various things that are related to trading of property and one can contact the NSW conveyancing firms to make the procedure hassle free. The different firms that provide services in this field give different facilities to its clients. These firms offer personalised services to its clients by keeping them updated at every step of the procedure. These organisations update its clients by mail or phone and also answer calls of the customers and address their issues in an efficient manner. Most VIC conveyancing organisations charge a fixed fee that includes faxes, phone calls, photocopies and other things. Some of them also don’t take any fee if the deal falls through in the starting phase. Therefore it can be seen that the different QLD conveyancing firms provide different facilities to its clients and also charge a nominal rate. In this way one can have a trouble free experience and also get the job done in the best possible way.