California Recent Legal Answers from Lawyers

Pursuant to California law, generally an attorney controls procedural matters, while needing client authorization to compromise claims, waive appeal rights, dispose of property interests, or surrender substantial legal rights.  Such unauthorized actions may be invalid and may result in civil liability.  This means that a client harmed by former counsel’s unauthorized actions may pursue a negligence-based claim for legal malpractice, and, depending on all facts and circumstances, said negligence-based claim may overlap with a claim for breach of fiduciary duty, fraudulent concealment, or conversion.  Relevant factors include authority, breach, causation, and actual damages.  Although it would appear there are multiple factors at play in your situation, as with any claim, determining the best cause of action/causes of action to protect your legal rights, recover your property, and to pursue a claim for damages will depend on all facts and circumstances.... Read Answer

If this happened on her employers property and it occurred during her work hours, it would most likely be covered by Worker's Compensation. If the property that she injured herself on was owned or managed by a third-party and through the negligence of that third party then she would have a third-party claim. This would be in addition to the workers comp Claim. Discuss this with an attorney in your jurisdiction for specific advice.... Read Answer

Since she is already overseas, she will have to process her case through the NVC. She may also have to submit an I-601 application for waiver of ground of excludability if she was unlawfully in the US under most type of situations. The waiver would have to be based upon extreme hardship to her mother and would be applied for following consular interview and denial of the immigrant visa application. 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 Answer

Thank you for your inquiry. This is a sensitive situation that many families navigate, and understanding the legal landscape is the first step toward clarity. Here is a general overview of the legal considerations regarding your query: The Status of the Baby Generally, a child born in the United States is a U.S. citizen at birth, regardless of the immigration status of the parents. Therefore, the father's status should not prevent the baby from being recognized as a U.S. citizen. Potential Family Challenges While the baby’s citizenship is typically secure, the father's lack of legal status may present challenges for the family unit. Potential issues often involve: Family Reunification: Our firm specializes in family reunification and can explore legal avenues for keeping families together. Pathways to Residency: If applicable, our firm provides guidance on obtaining a Green Card through marriage, which may be a relevant factor for the parents' future. Compliance: Our team offers compliance guidance for international movement and helps manage residency challenges. Because immigration matters are highly individualized and depend on specific facts not provided here, we recommend scheduling a consultation to discuss your daughter's specific situation in detail. DISCLAIMER: Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain here is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.... Read Answer

You should hire experienced defense counsel you trust as soon as possible because once you give a statement to the police then trying to fix that initial mistake can cost a lot more down the road to try and exclude that evidence in court for use later in the case, if one is filed.  Before a case is filed then there is a chance a good lawyer can persuade the DA to not file the case against you.... Read Answer

If your fiancé entered the United States with a visa, then even if she is out of status, you can sponsor her for a green card after marriage if you are a US citizen. You should consider working with an attorney. Some of us charge a very affordable flat fee for start to finish representation.    ... Read Answer

Yes, there is a possibility of that happening.  When hiring a good criminal defense attorney then he or she should be advocating for you so that does not happen which is not a guarantee.  However, you want to at least feel you have a better chance of no incarceration time when hiring private counsel.... Read Answer

I am sorry this happened to you.  Often times, the pubkic defender offices are very overworked and are unable to adequately represent all of their clients.  It is an unfortunate fact these days.  You might want to consider hiring a good, experienced criminal defense lawyer who should be able to give your case the attention it deserves.... Read Answer