California Recent Legal Answers from Lawyers

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

You can request a correction or supplement to a police report, but you generally can’t force the officer or department to change it. In California, police reports reflect the officer’s opinion at the time of the crash, and they are not legally binding when determining fault in insurance claims or lawsuits. If you have dash-cam video that clearly shows what happened, you should provide a copy to the investigating agency and ask that it be added to the case file as supplemental evidence. You can also submit a written statement or “counter-report” explaining the errors and including your supporting evidence. Even if the officer doesn’t amend the report, you can use your video and statement to challenge fault with your insurance company or, if needed, in court. Insurers and judges rely on evidence, not just the report’s conclusions. If the accident involves significant damages or potential liability, a California personal injury attorney can help present your video evidence effectively and, if necessary, dispute the officer’s findings through proper legal channels.... Read More

Sorry to hear about your loss. My condolences. Yes, even if the wrongful death case is not related to the pain and suffering case, a lawyer can represent you as the surviving beneficiary of the decedent and bring an action against the party responsible for the wrongful death of your husband.... Read More

I am sorry that you are going through this.  You should first let the Deputy District Attorney prosecuting the case about your concerns because they sound quite understandable.  That being said, a validly issued subpoena -- if one was serve on you -- is a Court Order that requires compliance.  Unfortuately, police officers sometimes provide incorrect legal information or even cross the line into giving legal advice (which is a crime by the way).  It sounds like they mislead you to gain your cooperation?  You can also contact the Defense Attorney to let her or him know about this.  Finally, you can hire experienced counsel to represent you to address your serious concerns to your safety.... Read More

The chances that you will be prosecuted is speculative.  From what you shared -- and I am sorry you are going through this -- it sounds like the District Attorney does not care that the alleged victim is not showing up and under section 1108 of the Evidence Code, the DA might be trying to use that prior conduct against you in this case?  Actor Mel Gibson was convicted of DV despite his girlfriend/fiance not showing up to court in Orange County.  In the end, the answer to your question really depends upon what the judge does and what your lawyer does.  You might want to hire a lawyer you feel knows what s/he is doing and has your trust that you are being defended in the best way possible.  ... Read More

What do you mean by "first time domestic violence"?  Whether you need an attorney is only a decision that you can make.  There is no law that I am aware of that requires you to have one at this point in time.  However, if you want to increase the chance that you will not be prosecuted then you might want to consider interviewing experienced criminal defense attorneys who might be able to contact the District Attorney on your behalf to try and persuade the DA to not prosecute you ince the DA does have discretion to not file the case.  ... Read More

If you had a lawyer -- private or public defender/court-appointed-- then you may want to ask this also of that person who represented you.  Yes, it can happen, but that depends upon the County.  It is best you speak with an experienced attorney licensed in California so you get the best answer to your question.... Read More

Under the H-1B registration system in 2025, the registration is person-centric, which means that the person only gets one chance to be selected regardless of how many organizations apply for him or her, and that if a person is selected, he or she can choose any of the organizations who put in a registration to do the H-1B petition with. Any petition must be filed by June 30, 2025. Other than that exception, it is highly recommended that the person stick with the H-1B employer that filed the H-1B petition by June 30 until sometime after October 1 to validate the filing of the petition and to show commitment to that organization before attempting to have another organization file for another petition. There can otherwise sleep be consequences both with USCIS and US consulates. 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

From your fact situation, you missed the interview with the immigration office and the subsequent court hearing date because you did not receive the letter. For you to miss both of these, you would have had to have missed not one but two letters – one from the immigration court. I suggest that you check with an immigration attorney on whether the facts in your case could dictate reopening your immigration court case. For example, if USCIS and the court mistakenly put the wrong address on their letters, that may be a basis. This type of situation is usually determined by the particular fact situations. 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

It might be a good idea to carry proof that you still maintain ties and bonds in the US such as personal and real property, memberships in organizations here, US identification, credit cards, and even perhaps tax returns. You should also be prepared to explain why you stayed out of the US for so long and why you consider the US still your country of domicile. CBP at the airports has become much more restrictive on entry under the Trump administration and there may be a risk of being denied entry or facing issues upon arrival. There are also risks of being referred to an immigration court which can be a long drawn out process and even detention under this administration. Assuming that you are admitted, you are required to be physically present to file for a new reentry permit application. In such circumstance, it is best to spend as much time as possible in the US before leaving again – perhaps at least a few months. A reentry permit is not a guarantee of reentry, so it would be best to come back every six months when you are away. 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

Please be aware that the US Copyright Office's current position on Artificial Intelligence is that human authorship is required. What this means is that while the Copyright Office will accept works in which you have used AI as a tool, it will not accept works where AI has created the expressive content. In other words, if you have written your own music and instructed AI to modify the music in some way, that is likely registrable. If instead you provided some textual prompt to the AI and had it generate music based solely on your instructions, then that is likely not registrable. Obviously there is a complicated gray area in between those, but to the extent that your creative contributions cannot be separted from those of the AI, the work will be ineligible for registration.   Please also be aware that there are two types of music copyrights available. The "musical work" covers the song's composition and lyrics, usually created by a songwriter or composer. The "sound recording" is the actual recorded song, usually created by the performer or the producer. In either case, you would need to specify in the copyright registration application the portions of the work that you created yourself that are original to you, and the portions that you did not create. As mentioned above, to the extent that the AI tool generated the "music" (either the composition or the actual sound), you would not be able to claim authorship. ... Read More

If a probate of the case was opened, it would be public record. Inquire of the probate court in the county where decent lived when he died.  If there is no probate case, you might petition to be the admin of your father and or husband.  Once appointed you can ask for any infomraiton that decedent might have obtained while he was alive. See a probate attorney.... Read More

In Florida, the tag agency may transfer the car without a Probate Order. In many cases with the death certificate and a transfer form. Since there is no will, they should go by the California intestate rules. I am sure, you want to avoid the Probate (inheritance court) expense. I am a Florida attorney and not a California attorney, but I would try to transfer the title first with the tag agency/ DMV.    ... Read More

If you do not have legal custody over your child you have no right to be enrolling them in schooling without an order saying so.  You are welcome to file a request for order with the court and attempt to make your point concerning schools, but it will likely be in your ex's discretion.... Read More

I will assume that your mother is overseas and that you will be filing an I-130 petition and she will ultimately consular process at the American consulate or embassy in her home country. If that is your situation, financial support is not a concern at this stage. It only become relevant when the I-130 petition is approved and your mother begins consular processing. That would likely be over a year from now. If you stop working and have no employment by that time, a good option is to find a bona fide joint sponsor, e.g. related or friend, who can assist with the support obligation. If you have sufficient liquid assets, you may look on the poverty guidelines to see whether they will support your mother’s immigration. The amount of assets must be a multiple of 5 to cover multiple years of support. We note, however, that US consular officers sometimes have a more stringent view of the amount of financial support required in the case of parents. 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