California Recent Legal Answers from Lawyers

I am sorry that happened to you.  It sounds like you might be correct.  However, if you have a consultation with an experienced criminal defense litigator then I think it would give you more clarity as to what your options as a victim might be.  What the District Attorney’s Office decides to charge is up to a charging Deputy DA.  However, you can try and contact that DDA via the victim-witness section of the office.  You could also hire counsel to do it for you.  Do you have medical records of your injuries that required treatment?  You have options.... Read More

The short answer is you can't without hiring experienced counsel to represent you.  Of course, if you represent yourself, there is a chance you can do it, but it also comes with the risk that you may make it worse or not help yourself in the way you would prefer.  Experienced counsel in restraining order cases should be able to advise you.  As to "clearing your name", I am unclear what you mean by that.  ... Read More

The investigating officer will be following an outline and/or a script.  So, he or she can advise you how it will go.  Unfortunately, even an experienced criminal defense lawyer cannot tell you what to expect at this point.  If you need more information then of course you should consider consulting with you for guidance.... Read More

Yes, you should hire a lawyer first to try and get the warrant recalled.  Some courts will require you to show up with your lawyer, but a first step is to hire a good one you trust.  It sounds like that may not be an option because you are homeless?  Hope this works out for you.... Read More

To answer your direct quettion: Whether your husband will be taken into custody is speculative.  However, he should hire defense counsel in order to try and avoid his being arrested at a time that is inconvenient for him.  An experienced criminal defense lawyer can guide him on his options to address his concerns in this matter.    Cases of exchanges becoming criminal cases are on the rise.  Therefore, your concern is a justified one.  No, you do not want to go to the Sheriff without hiring a good criminal defense lawyer first.  If he will be taken into custody then it could be after he meets with the detective or before.  Whether he will be cited and released is speculation.  A good lawyer can clarify this for you. ... Read More

Hello.  I am sorry to hear of your bad experiences.  Yes, we can help you.  We are very experienced in estate litigation.  There are various causes of action in addition to fraud and elder abuse which can aid your case.  Please reach out to me and we can discuss the details of your matter.   Jeff Czech.  Czech & Howell, APC jeff@czechandhowell.com... Read More

When a H-1B applicant for consular processing applies for and receives the H-1B visa, he or she is making an assertion that he or she will be returning to the US to work for that particular employer. It may be deemed visa fraud or misrepresentation if you return to begin working with another employer immediately when you reenter the US. A suggestion is to return and work with the sponsoring employer for a period of time before attempting to switch over to another organization. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

If your husband is still claiming VA spousal benefits while you’re separated, you’re not automatically entitled to payments directly from the VA. The VA sends all benefits to the veteran, and it’s up to him to report marital or household changes. However, if you’re legally separated or an annulment is pending and he hasn’t updated the VA, he could be overpaid for spousal benefits, and the VA may later require repayment. You can contact the VA Regional Office and file a VA Form 21-0788 (Information Regarding Apportionment of Beneficiary’s Award) to request a portion of his benefits if you’re separated and need financial support. The VA reviews these requests case by case, considering need and fairness. Keep copies of the annulment paperwork and proof of separation. If he refuses to cooperate, you can also contact the VA Office of Inspector General to report false dependency information. A veterans’ benefits attorney or accredited VA claims agent can help you file the apportionment request and communicate with the VA to make sure your rights are protected.      ... Read More