Bamieh & De Smeth Legal Blog
How to Get Child Custody and Visitation in a California Divorce
Child custody and visitation arrangements are among the most heavily disputed decisions during a divorce.
Do You Lose Your License After Your First DUI in CA?
Getting arrested for a first DUI offense in CA does not automatically mean that you will lose your driver’s license.
Who is Required to Take DUI Classes in CA?
In California, a conviction for driving under the influence (DUI) has severe repercussions. On top of hefty fines, jail time, license suspension, and other penalties, convicted offenders may also be required to complete state-approved DUI classes.
Should Police Have Advised Me of My Miranda Rights?
The answer to this question will depend on various circumstances. Not all interactions with citizens or suspects require the police to provide a Miranda warning.
How to Hire a Car Accident Lawyer in Ventura?
After getting into a car crash, you are likely to be in pain and feel overwhelmed and confused. But what seems like a common car accident can have life-altering consequences on your financial, physical, and emotional health.
Do I Need a Lawyer for My Restraining Order Case?
Yes. Having a restraining order against you comes with serious consequences, so you must work with an experienced lawyer to protect your interests. Restraining orders, also known as protective orders, are court orders that prohibit a person from contacting, coming near, or harming another person, along with other conditions.
What Kind of Damages Can You Demand in your CA Accident Case?
If you have been injured by someone else’s negligence, the physical, financial, and emotional losses you experience can make regaining your health and well-being especially challenging. In order to recover these losses, you will likely file a claim against the at-fault party’s insurance provider.
Is Jail Time Mandatory for a DUI in CA?
While jail time is one of the basic penalties for a DUI in CA, it is not always mandatory. The maximum jail time for a first-time DUI offense under federal and California law is six months. But it is uncommon for first-time DUI offenders to serve jail time as long as they complete the other terms of their sentence.
New Ideas about Restorative Justice for College Sexual Assault Cases
According to LAist, Alexandra Fulcher is the Title IX director at Occidental College, and when a sexual assault survivor crosses her office, it’s the first step in an important process that can have serious consequences for both the survivor and the person they accuse.
I Was Accused of Child Abuse in My Divorce Case. What Should I Do?
Divorce is often fraught with unresolved emotions and overwhelming tension, which can easily spiral out of control, especially if one spouse is intent on hurting the other spouse. So when your spouse falsely accuses you of child abuse while you’re going through a divorce, it can be incredibly infuriating. Child abuse is never okay. In fact, it is illegal.
What to Do if You Experience Discrimination on the Job
Being discriminated against on the job can be emotionally challenging, but it can also affect your ability to earn, which makes it a primary concern that should not be overlooked. As an employee, you may feel as if there is very little that you can do in the face of discrimination, but with an experienced California employment discrimination attorney in your corner, you’ll be well prepared to protect your rights.
What Happens With Your License When You Get a DUI in CA?
One of the most pressing concerns of drivers facing a DUI conviction in CA is the possibility of having their license suspended. Depending on the specific circumstances of your situation, a DUI conviction does not automatically trigger a license suspension. You also have options to avoid a license suspension.
Sexual Harassment by Professors at CSU
At 12 state university campuses across California, 54 faculty members, coaches, and non-management employees – in cases ranging from 2017 to 2021 – violated sexual misconduct and discrimination policies, according to EdSource.
How Long Can a Spouse Drag Out a Divorce in California?
Divorce has no deadline, which means your spouse can drag out your California divorce for months or years on end, depending on your specific circumstances.
What Should I Do If I Was Arrested for a Crime?
Getting arrested, especially for the first time, can be a stressful and frustrating situation for anyone. Any seemingly minor negative action or behavior can seriously impact what could happen to you next.
Sexual Assault Arrest in Ventura
Eliel Mejia, a 22-year-old man from Santa Paula, California, was arrested on September 30 by the Ventura County Sheriff for his involvement in two sexual assault incidents in Ventura.
What is The California Adoption Process?
Adoption is a remarkable and life-changing experience for many parents looking to build a family and birth parents to make the best decision for their kids.
Steps to Take Immediately Following a Motorcycle Accident in California
The immediate aftermath of a motorcycle crash can be very disorienting for the people involved.
What Are The Warning Signs of a Verbally Abusive Relationship?
Approximately one in 10 men and one in four women have been affected by domestic violence or intimate partner violence in the U.S. Victims of domestic abuse can suffer physical injuries, psychological trauma, or worse, death.
Steps to Take Immediately Following a T-Bone Accident
While no one wants to think that they will ever be in a T-bone accident or any other kind of motor vehicle crash, it is best to be prepared just to be on the safe side.
How to Help a Student Being Harassed in College
According to a recent survey, 67% of college students have experienced harassment, and 61% of college students have witnessed other students being harassed on campus.
Who Gets the House and Cars When Unmarried Couples Break Up in California?
Many unmarried couples accrue shared property when cohabitating but do not consider how their shared property would be split up when they break up.
What If I Can't Find My Spouse During Divorce Proceedings?
Deciding to file for divorce is hard enough. But what if you have finally made up your mind to divorce your spouse and cannot find them?
Truck Accident Statistics Around The Holidays
Devastating truck accidents during the holiday season are just among many hazards related to travel during the holidays.
Steps to Take If a Teacher or Coach is Sexually Harassing Me
Sexual harassment in schools and sports has been taking place for many years. It is only recently, however, that it has begun to receive the attention it rightfully deserves.
Can I Appeal a Child Custody Ruling in CA?
Yes, you can appeal a child custody ruling in CA. Family courts in California do their best to ensure that their rulings or judgments are in the children’s best interest.
Filing a Claim Against Uber or Lyft
If you have been in an accident involving a Lyft or Uber driver, suing the rideshare company directly may not always be an option.
What Happens If You Get Injured by Car Accident Debris?
Not all car accidents involve car-to-car crashes. Some collisions can occur due to road debris.
Steps to Take If You Are Being Sexually Harassed in The Workplace
If you have been sexually harassed at work, unfortunately, you are not alone. Approximately five million workers are sexually harassed in the workplace every single year, but 99.8% of workers who experience workplace sexual harassment do not file formal charges.
Child Custody Disputes During The Start of The Holiday Months
Families often spend the holidays together. For some people, the holiday months are the most exciting times of the year.
Do I Need to Talk to The Police If I am Being Investigated?
One question we frequently hear at Bamieh & De Smeth is, “Do I need to talk to the police, or should I talk to the police if I am being investigated for a crime?” As experienced California criminal defense attorneys, this is the easiest question to answer for us.
Who is Liable in a Rental Car Accident?
If you get into an accident in your rental car, you would handle any claims as you would any accident involving your own vehicle.
Car Accidents on I5, The 101, and Any Other Major Highway Around Santa Barbara and Ventura
Santa Barbara and Ventura are among the most scenic cities in Southern California.
Are Schools Required to Report Sexual Abuse in California?
Schools are supposed to be a safe haven and second home for students. Sadly, these days, kids have to worry about bullies, verbal abuse, sexual abuse, shootings, and other terrifying incidents that should not happen in schools.
Can I Sue a Public Employee or Government Entity in CA?
Suing the government can be really tricky, but it can be done. First of all, what is the government?
How to Prove Negligence in an Auto Accident
To recover financial compensation for the injuries and other damages you suffered in a car crash, your attorney must prove that the crash resulted from another party’s negligence.
Do You Need an Attorney If You Were in a Car Accident?
Navigating the aftermath of any car accident can be difficult, confusing, and time-consuming.
What is Discrimination in The Workplace?
Discrimination at work is when you're treated differently because you belong to a particular group.
Consequences of Fleeing from an Accident in CA
Hit and run charges in California can be a misdemeanor or felony. If the crash only involved property damage, the charge is a misdemeanor.
Can I Sue for Sexual Assault in CA?
If you want to know if you can sue for sexual assault in CA, the answer would be yes.
Who is Liable If a Roadway Defect Causes My Car Accident?
Poor road conditions due to various roadway defects are not just frustrating – they can also be extremely hazardous.
How Do I Hire a Lawyer?
You have suffered injuries in a car crash. A loved one has just been arrested. You are considering divorce.
How Do I Get a Restraining Order?
People who come to us for legal advice often ask how they can get a restraining order. We can certainly get one for you very easily, but the first step is to determine whom you need protection from.
How Do I Properly Document a Motor Vehicle Accident?
When you get injured in a motor vehicle crash, time may appear to stand still and then move fast once the accident is over.
Steps to Take If You Are Being Sexually Harassed
Please keep in mind that it is perfectly normal to be worried, confused, or scared when dealing with sexual harassment or taking action to make it stop.
Are Athletic Organizations Required to Report Sexual Abuse?
Yes. Athletic organizations have a legal duty to report sexual abuse.
What Constitutes Child Abandonment in CA?
In California, child abandonment can be a criminal and civil issue.
What Should I Do If a Company Driver Hit Me and Fled The Scene in CA?
If you have suffered injuries and vehicle damage and the company driver that hit you fled the scene, you must try to stay calm and collected to protect your claim.
Can Fault Be Determined by Car Accident Damage?
Figuring out who’s at fault for a car crash is vital to determining which party should pay the damages resulting from the crash.
What Can The Police Arrest You For at a Protest?
You have the right to free expression under the U.S. Constitution’s First Amendment and the California Code.
What is an Internet Sex Crime?
People can now communicate with each other and access information with a keystroke or a tap of the finger.
New Traffic Laws for California Drivers to Know in 2022
From equestrian safety and amended traffic regulations, various laws that the California Legislature approved and Governor Gavin Newsom signed into law took effect at the start of the New Year, January 1, 2022, unless otherwise stated.
Steps to Take Immediately Following a Hit and Run Accident in Santa Barbara
Another driver hit your car, and you expected them to stop and exchange contact information and insurance details with you. Instead, they fled the scene.
What Are The Warning Signs of an Emotionally Abusive Relationship?
Emotional abuse is one type of domestic abuse or violence in California.
Should I Get Photos of Every Vehicle Involved in a Crash?
Yes. Photos of all vehicles involved in a car crash can serve as powerful evidence when figuring out the cause of the crash and who should be held liable for the damages resulting from the crash.
Arrest for Sexual Assault in Santa Barbara
The Santa Barbara County Sheriff’s Office detectives have captured Michael Angelo Auclair, a suspect in several sexual assault cases that occurred in Isla Vista on February 28, 2022.
Oil Spill Truck Accident Causes Lane Closures on 101
On February 5, 2022, Saturday afternoon, Highway 101’s southbound lanes in Santa Barbara were closed off near Santa Claus Lane in Carpinteria because of a traffic accident that involved a big rig that caused an oil spill.
What to Do After a Hit-and-Run Accident
Unfortunately, a lot of drivers make the decision to flee the scene of a crash for various reasons, including intoxication, lack of insurance coverage, a suspended or non-existent driver’s license, or because they’re already in legal trouble. While no one can ever prepare for a hit-and-run accident, if you do end up becoming a victim, here’s what you need to do.
What If My Lyft Driver Hits Another Car?
You should be covered under the insurance policy of the driver if you suffered injuries while riding a Lyft driver’s vehicle. In general, insurance coverage for vehicle accidents involving injured passengers can come from the at-fault driver’s insurance provider, whether it is your Lyft driver’s insurer, the insurance coverage of another motorist who caused the accident, or Lyft’s liability insurance.
Helping Victims of Sexual Assault in Santa Barbara
Most victims of sexual assault suffer in silence for many years or decades because of uncertainty, humiliation, shame, and fear of retaliation.
Can I Remain Anonymous If I Witness a Car Accident in Ventura?
Witness statements can be vital to the success of car accident claims. In most cases, the only people who witnessed the crash are the drivers involved. In these situations, it’s typically a he-said, she-said type of thing.
What If My Rental Car is Defective and It Caused Me a Serious Injury?
Rental car companies cannot lease or sell motor vehicles that have been linked to defect or recall notices.
What If I am in an Accident With My Rental Car in Santa Barbara?
A claim involving a car accident while driving a rental car in California is slightly different than a claim involving an accident that occurred while driving your own car.
What Should I Do If I am Sexually Harassed?
Sexual harassment is a widespread issue in California, causing suffering and pain and limiting the victims’ lives. According to Measuring #MeToo: A National Study on Sexual Harassment and Assault In the State of California, 53% of men and 86% of women reported experiencing sexual harassment in their lifetime.
Reckless Driving vs. Distracted Driving
While the terms reckless driving and distracted driving may seem similar, these traffic violations are not the same in the eyes of the law. However, they both refer to drivers who do not follow the traffic rules. Both also include risky driving behaviors that could harm the distracted or reckless driver and other road users and cause devastating motor vehicle crashes that can result in catastrophic injuries or even death. Both traffic violations are also preventable.
Sex Abuse Victims on College Campuses
Seven years have passed since the California State Auditor released its report on sexual violence and harassment in California college universities and colleges.
What Happens If You Get a DUI in CA?
Driving and drinking do not mix, and that’s a fact. But based on NHTSA estimates, approximately 28 people are killed every single day in the U.S. in drunk driving crashes.
E-Bike Injuries and The Dangers Associated With Them
Riding bikes has become increasingly popular this past year since a lot of us were otherwise housebound.
Can Your Phone be Used as Evidence?
In the vast majority of cases, law enforcement must have a valid search warrant for them to search a cell phone or mobile phone in California.
What to Look for in Sexual Abuse Victims
According to a 2019 study, 86% of females and 53% of males in California reported experiencing some kind of sexual abuse in their lifetime.
Common Forms of Driver Negligence
Even with the pandemic, a greater push for traffic safety has started, as estimates reveal that approximately 8,700 people still died in auto crashes in the first quarter of 2021, which is an increase of 10.5% from 2020.
Where Should I Seek Medical Attention For My Slip & Fall Injury?
Slip and fall accidents occur all the time in Ventura and Santa Barbara, California. Injuries from slip and fall accidents may cause fractures, traumatic brain injuries, and many other injuries.
Investigator Cancels Talk on Santa Clara Waste Plant Probe After Threat of Litigation
The lead investigator in a 2014 explosion at the Santa Clara Waste Water Co. plant canceled a presentation Tuesday night after receiving a threatening letter from the owners who fear it might jeopardize the reopening of the facility.
“GOVERN YOURSELF ACCORDINGLY” | Investment firm forces investigator to cancel presentation
On Tuesday, Nov. 2, many of those seated in the full house at the Regency Santa Paula 7 movie theater gasped audibly when attorney Ron Bamieh revealed that the presentation scheduled that night would not take place due to his client being threatened with a lawsuit by a Missouri based law firm.
What Is The Difference Between Sexual Harassment and Sexual Assault?
Sexual harassment and sexual assault are often associated with one another, but in reality, have different legal definitions in the state of California.
What Should You Do After a DUI/DWI Accident?
Drunk driving continues to be a serious safety issue in California.
When Should I Get A Restraining Order?
California restraining orders are issued by courts to protect individuals from injury or physical harm, as well as the threat of abuse, injury, or harassment from others.
What Should I Do if Someone Flees the Scene of an Accident?
It can be a difficult situation if you are the one who is left to deal with an accident that someone else caused. Should I call the police?
Self-Driving Delivery Cars are Coming
The future of transportation has arrived. Self-driving cars are being developed and tested by major companies like Tesla, Uber, and Google. But what about delivery cars? They have the potential to be self-driven as well.
Are Athletic Organizations Required to Report Sexual Abuse?
Sexual abuse is a crime that should be reported to the authorities. Cases of sexual harassment and abuse are often swept under the rug in various industries, but it's important for organizations with athletes to take these crimes seriously.
What is the Statute of Limitations on a Sexual Assault Claim in CA?
California is one of several states that changed its limitations on sexual assault or abuse claims in recent years.
Can Fault be Determined by Car Accident Damage?
It's often difficult to determine fault in a car accident. Even if you have some evidence, such as witness statements, it can be hard to prove exactly what happened and where the truth lies.
What Happens If You Get Injured by an Uninsured Driver?
Getting seriously injured in a motor vehicle accident could be very traumatizing. Besides being in physical pain because of your injuries, you might also be incapable of working, which means that your income may be little to none, and you could also be suffering from emotional and psychological issues following the accident. You’re also probably feeling that things can’t possibly get worse. But then you discover that the negligent driver that caused the accident was uninsured. What happens now?
Injured in a Rental Car, Who is Liable?
Most people don’t really rent cars regularly. However, there’s a higher risk of getting into an accident at times when people rent cars because they are usually unfamiliar with the rental car and the area where they’re driving. In the unfortunate event that you do end up getting into an accident, you may be wondering who’s going to cover your injuries and other losses.
The Difference Between Sexual Harassment and Sexual Assault
In the wake of the #MeToo movement, more and more individuals are coming forward with their stories of sexual abuse, including those of sexual assault and harassment. However, while both sexual harassment and sexual assault are serious offenses, they’re very different things. Experiencing one definitely is not the same thing as experiencing the other.
Think Twice Before Posting About Your Accident on Social Media
However, you should always keep information about accidents confidential because sharing this information makes it public knowledge. In turn, this could affect the confidentiality protections of your case.
Opinion: We can equip ourselves with the tools to save our kids
Last year the Thacher School in Ojai turned to a team of lawyers at Munger, Tolles & Olson to document what many already knew: The school failed to properly protect its students and alumni — including by failing to follow up in some instances on students’ concerns about or reports of sexual misconduct.
Self-Driving Trucks Create Safety Concerns for Drivers
We’ve all heard the rumors that self-driving trucks are on their way, and while it strikes fear within most of us, the truth is that the time has come. The thought of having an 80,000 pound fully loaded big rig pass you on the highway may be terrifying, but it is nevertheless about to become a reality.
Boarding School Reveals Sexual Abuse History and Cover Up
Since 1889, The Thacher School in Ojai, California, has been considered one of the nation’s best boarding schools and has many notable alumni. However, it seems that the school’s reputation might be in jeopardy due to a report released regarding decades of sexual abuse and assault against Thacher students by faculty members.
Try to Get Photos After a Crash
If you’ve been injured in a traffic accident that was caused by someone else’s negligence, you can suffer significant emotional, physical, and financial damages that can be difficult to surmount. The best path forward includes obtaining the compensation to which you are entitled, but this can be difficult without adequate evidence in support of your claim that the other driver is at fault.
What Can a Car Accident Attorney Do For You?
After a car accident, it is important to get advice from a Ventura car accident attorney. This critical step helps protect your legal right to be compensated for your injuries and losses. But what, exactly, can a car accident attorney do for you? After all, aren’t there plenty of people who settle their injury claims on their own, without an attorney’s help?
What To Do If You Are Sexually Assaulted On Campus
A sexual assault is a terrifying and overwhelming experience. In addition to feeling physically violated and unsafe, you will also have to deal with the headache of prosecutors, school administrators and legal claims. You don’t have to face this alone. By hiring an experienced campus sexual assault lawyer, you can regain control over the situation.
5 of my top 10 Reasons Why I Would Never Talk to the Police
I often speak to groups on the topics of our rights. Invariably I am asked about whether or not someone should to speak to the police if they are the subject of a criminal investigation. My simple answer to that question is NO, not any circumstances, not in any situation, not with green eggs and ham, do not speak to the police. Usually I get the follow up response, “Why Not? I want to show that I am truthful and I want them to hear my side of the story.” That sounds good, we all want to be honest and that being truthful will us with the police. Being truthful is much better than lying to the police, but what’s better than both is being silent. Here are my five of top ten reasons never to speak to the police if you are suspect in a criminal investigation.
The Top Ten Mistakes You Can Make In A Personal Injury Case
There are many things in life that can cost you money; most of those mistakes are out of our range of expertise. At Bamieh and De Smeth we can help you with are mistakes that can cost you in a personal injury case. Of course there are other mistakes that are not in the top 10, so if you commit Number 11, we truly apologize for stopping at 10. Now even though you may not expect to get all 10 in this article, do to a special promotion we have going on we are giving you all 10 at no extra charge.What Is a Preliminary Hearing?
The criminal process contains numerous safeguards to ensure that your rights are protected. One of these is the preliminary hearing, where prosecutors must convince a court that there is sufficient evidence to charge you with a crime. After you have been charged and...Can I Sue the Person Who Sexually Assaulted Me?
As the victim of a sexual assault, you have legal rights beyond seeing the person who harmed you being criminally punished. Assault is not just a crime, but it is also a tort, meaning you can sue the person who did it. You would need to file a personal injury lawsuit...How Does a Court Decide Custody of Our Children in a Divorce?
Every family law attorney will begin to answer this question in the same exact way: the court uses the “best interests of the children test.” However, the uniformity of the answer does not necessarily mean that it is simple. Instead, while everyone knows about the...How Do I Know How Much My Case Is Worth?
Injured clients always want to know how much their personal injury case may be worth. This is understandable. Our potential clients are fearful of how they may continue to live their life unable to work and facing mounting medical bills. The value of your personal i...Does the Mom Automatically Get the Kids in a Divorce?
In the past, the law used to have a presumption in favor of the mother receiving custody in a Ventura divorce. However, that has now been changed to give both of the parents an equal chance at obtaining custody of the children. Thus, the mother is not automatically en...Do I Have a Personal Injury Lawsuit
We are called daily by potential clients who tell us their stories and want to know if they have a personal injury lawsuit. People expect lawyers to give the answer of “it depends,” but that really is the case here. When you do need legal advice, our Ventura and Sa...Can I Keep My Money if I Get Divorced?
Along with custody, property division is one of the major concerns of people going through a divorce. They are often interested in knowing what they can keep after their marriage ends. To answer this question, our Ventura and Santa Barbara divorce attorneys will n...What Counts As Discrimination
California employees have protections on the job from numerous kinds of illegal behavior from their employers. In addition to wage and workplace safety laws, anti-discrimination laws are one of the biggest safeguards against employer misconduct. These laws give Cali...How Do I Know Which Lawyer to Hire for My Criminal Case?
In the end, the decision about which attorney to hire when you are facing charges comes down to two things: Experience and comfort level. You want a criminal defense attorney who you know has the ability to fight for the best possible outcome in your Santa Barbara...
At What Point Do I Need a Lawyer for a Divorc...
Divorce can come as a surprise, or it could be a long-expected event. In either case, you want to protect yourself from the moment the process begins. Also, it is not only yourself you need to protect; there are your children, your assets, and your finances as well....
Can a Husband Pay for His Wife’s Crimin...
If you have been charged with a crime in California, you will need to hire a criminal defense attorney to handle your case. Both women and men alike can benefit from legal representation when defending themselves against serious criminal charges. Some women who are... What Do You Do When Someone Won’t Let the F...
Co-parenting a child can be a difficult experience when the parents have difficulty getting along. In some cases, a mother may feel that a father should not have the ability to see their child for one reason or multiple reasons. However, it is important to understand... Can Mothers Stop Fathers from Seeing Their Ch...
It is common for two parents to choose to separate and co-parent a child. In some cases, a mother and father may disagree on certain aspects of raising a child or multiple children. However, a serious disagreement could lead to a mother attempting to keep a father...
At What Point Do I Need a Lawyer for Child Su...
Under California law, both parents of a child have an obligation to financially support their child until they reach the age of 18. Under certain circumstances, the period could be extended if the child is disabled. Additionally, the obligation could continue until... How to Enforce a Custody Order in California...
Family Court orders in California apply to all parties involved in a custody or visitation dispute. If the other parent of your child is not complying with the terms and provisions of a custody order, there are legal and appropriate steps for you to take. First, you... Can a Wife Hire a Criminal Defense Lawyer for...
No one wants to hear that their spouse is in trouble, but it can be especially unsettling to find out that your husband has been arrested for a crime in Ventura, CA. Unfortunately, this is the reality for women across the country and in Ventura, CA, specifically.... Is a Husband Allowed to Hire a Criminal Defen...
As a husband, finding out that your wife has been arrested can be a jarring experience, especially if it represents your first brush with the criminal justice system. This can happen for a variety of reasons, from a simple misdemeanor to serious federal charges, but... Can You Get Divorced During the Coronavirus Q...
Novel Coronavirus Disease 2019, or COVID-19, has adversely impacted much of the nation, including California. To comply with “shelter-in-place” directives, courts across the state have begun conducting hearings remotely. Many individuals who are currently in the... Can You Sue Your Spouse for Injuries Caused i...
Any physical or emotional abuse can have lasting repercussions, from the bodily harm to the emotional scars that linger long after your wounds heal. When the perpetrator of the attack or abuse is your spouse, the emotional toll is often more significant. Many victims...
Can a Husband Pay for His Wife’s Criminal D...
Knowing your wife has been arrested and charged with a crime can be enough to throw your life off balance. During this challenging time, you may wonder what you can do to make sure your wife gets the best legal representation. Your wife may not be able to pay for an...
Can a Wife Pay for Her Husband’s Crimin...
Knowing your husband was arrested for an alleged crime in Ventura, CA, can be a stressful experience for you and your family. Naturally, you would like to know what you can do to help your husband during this challenging time. Fortunately, there is a way you can help... Can a Grandparent Bail Their Grandchild Out o...
Knowing your grandchild was arrested and charged with a crime can be devastating. This is especially if you have no idea what to expect from a criminal sentencing and how it can affect your grandchild’s life. As a worried, caring grandparent, you would like to know if... How Does a Wife Bail Her Husband Out of Jail ...
Finding out that your husband was arrested and charged with a criminal offense in Santa Barbara can be a terrifying experience. This is especially true if you have never been in such a situation. Getting the call from your husband telling you he was arrested and that...Read from Citations Magazine: Revival of Chil...
Citations Magazine published an article discussing the lookback period for childhood sexual abuse claims. Click the following link to read the magazine’s article, titled “Revival of Childhood Sexual Abuse Claims.” Read the article here. What Will Happen if I Ignore a Traffic Ticket...
Every day in the U.S., police officers issue thousands of traffic tickets. Everybody has the duty to pay their fines in a timely manner or appear in court as established on the ticket. Failure to comply with these rules can lead to several consequences. Our Ventura...
How Do I File a Complaint Against the Police ...
If you or a loved one was a victim of police misconduct in Ventura or Santa Barbara, we can help. Our Ventura and Santa Barbara criminal defense attorneys can help you file your complaint against the police. In this overwhelming moment, turn to our skilled,...
How Can I Find Someone in Jail or Prison in C...
If your loved one or someone you know was arrested and charged with a crime in Ventura or Santa Barbara, we may be able to help. We understand how frustrating finding your loved one can be. That is why we can help you learn how the jail system works in California and... How Long Do I Have to Sue for a Car Accident ...
Every year, thousands of people are injured in severe car crashes in the United States. The survivors of these accidents often sustain serious, life-threatening injuries that can require costly medical treatment and surgery. Fortunately, car accident victims have the... Will My Child Be Charged in Adult Court in Ca...
Few things can be more daunting than facing criminal prosecution for a felony in California. Unfortunately, many parents have to go through the exhausting criminal process due to their children’s actions. Parents may wonder whether their child can be tried as an adult... How Can a Lawyer Help Me if I Am Obviously Gu...
Few things can compare to the fear, stress, and hopelessness you may feel after being charged with a crime. This is especially true for those who have never been involved with the criminal justice system. What happens if you seem to be obviously guilty of the crime... How Does My Attorney Get Paid?
People may have a good idea of what a lawyer does for a living. However, many people have little idea of how their lawyers get paid. In some instances, the transaction between a lawyer and their client(s) can be easy. However, there are other cases where paying a...
Is It Better to Accept a Settlement or Go to ...
After suffering an accident, one of the first things that may pop into your mind is how you will cover your medical bills, your lost wages, or how will you provide for your family. Unfortunately, not every person knows how to tackle a stressful situation, such as... How Long Should I Wait Before Hiring a Lawyer...
Getting in trouble with the law is something that should never be taken lightly. No matter how small your charges may be, you should take your situation seriously. Furthermore, if you or a loved one has been injured in an accident, retaining the services of an... If I Have a Personal Injury Claim in Californ...
Every year, thousands of people are injured in different accidents throughout the United States. Common examples of this unfortunate reality are car crashes, motorcycle accidents, and truck accidents, among others. After an accident, you will likely be presented with...How Can I Get Out Of Jury Duty in California?...
Many people dread the moment they open their mailbox to receive a jury duty order. Many people are not willing to embrace their duty with open arms. After all, jury duty requires investing time, effort, and money. For these and other reasons, many people may decide to... Can I Get My Driver’s License Back if It Wa...
Getting pulled over by the police, getting charged with a crime, and having your license suspended can be difficult. If the cops suspend or revoke your driver’s license, you may be left facing different adversities, mainly if you depend heavily on your car. You may... Brave New Legal World
About five weeks ago was when I first heard of the coronavirus. At that time, it was just a problem in China. They shut down a city where it originated and it seemed like one of those tragedies in a distant land that you read about and tell your wife, that is real... What Should I Do After I Have Been Injured in...
If you or a loved one was injured in a car accident in California, you may be entitled to compensation. At The Law Offices of Bamieh and De Smeth, PLC, our California car accident lawyers can help you obtain the compensation you deserve for your losses following an... Will My Insurance Rates Increase After an Aut...
Nobody expects to be involved in a crash. However, life happens, and a vehicular accident happens without prior notice. After an accident, the parties involved will likely knock on their insurance company’s doors to obtain assistance. For some, the process may be a... How Are Damages Determined in a Personal Inju...
Every day, thousands of people are involved in accidents. Unfortunately, many of these people may sustain severe injuries that can put them under a troublesome circumstance. In such a situation, many injury victims may ask themselves whether there is any legal...
What Will Happen if I Post Bail in California...
If you or a loved one was charged with a crime in California, our criminal defense lawyers can help. We can help you understand how the bail process works. Additionally, we can guide you through the entire criminal procedure. Never take bail lightly and make sure to...
Can a Plea Bargain Be Withdrawn in California...
If you or a loved one is facing criminal charges in Ventura or Santa Barbara, we may be able to help. At The Law Offices of Bamieh & De Smeth PLC, we can help you navigate the criminal process. Thanks to decades of experience, we have developed the skills,...
Should I Settle with the Insurance Company?...
Settling with an insurance company after being involved in an accident is something people may struggle to understand. Insurance companies are well aware of the complexities embedded in their policies and, most of the time, take advantage of this and use it against...
What If a 50/50 Custody Parent Blocks Visitat...
If you or a loved one is having problems exercising visitation rights, we may be able to help. Some parents may go through the unfortunate experience of having their visitation dates blocked by the other parent. In such situations, you may be confused regarding how to... How Much Does It Cost to File for Separation ...
While nobody enters into a relationship expecting it to end, couples still break up for different reasons. Every year, thousands of couples end their marriages through various legal procedures such as a divorce, annulment, or legal separation. However, all these legal... Under What Circumstances Can You Get Alimony ...
When a couple gets divorced, the court may order alimony or spousal support. If one of the spouses needs additional economic support, alimony can help them on a temporary basis or as part of an ongoing support system. However, your economic situation might change... Can a Wife Ask for Spousal Support/Maintenanc...
After a divorce, either spouse may find themselves suddenly without the support of their husband or wife. Many couples rely on continued spousal support, maintenance, or alimony payments to cover the cost of housing, groceries, utilities, and other necessities while... How Much Does It Cost to File for Divorce in ...
To get a divorce in California, you must file your case with the court. Nearly any case you can file with the court requires a filing fee and other potential fees to have the court take your case. These filing fees are generally higher than the fees for a marriage...How Can You Avoid or Reduce Potential Alimony...
Alimony is often one of the most contentious aspects of a divorce case. Media and pop culture have always given the image that alimony is something that everyone dreads paying; however, the truth of the matter is that many spouses need alimony after a divorce because...
How Long Must You Be Married Before You Pay A...
After a divorce, spouses go from being a married couple that might act as one financial unit to being two separate people, financially. Many spouses have trouble adapting to this, especially if they are used to their spouse’s income supplementing their finances or...
Is Dating During Separation During a Divorce ...
Cheating on your spouse can be a serious accusation. Adultery during a divorce can make interactions with your spouse harder and hurt negotiations and settlement discussions. The legal effects of adultery in California may not be as serious as the effects in some... What Items Can You Include in a Prenuptial Ag...
Couples getting married in California may have high-value assets, business interests, and investments that they need to think about when they say “I do.” Many of these interests could end up being shared with your spouse, and if you get divorced you could lose half... How Long After a Marriage Can You Enact a Pos...
Postnuptial agreements are similar to prenuptial agreements, but, as the name implies, they are formed after you get married instead of before. There are many things you might learn about your spouse, about each other’s finances, and about various aspects of your... What Items Can You Include in a Postnuptial A...
A postnuptial agreement is a good way to set up the outcome of a potential divorce case ahead of time. These agreements give you greater control over your assets and how your divorce will proceed instead of relying on the court’s decisions. When you form a...
Are You Legally Separated When You File for D...
Divorce and legal separation are some of the options to end your relationship in California. Many people look to divorce to completely end their marriage and fully sever their ties to their spouse, but many other couples use legal separation instead or as a temporary...
Do You Have to Pay Spousal Support During a S...
When you and your spouse are legally separated, it accomplishes many of the same goals as divorce and you become independent people in many ways. Primarily, legal separation creates legal independence since it does not grant other types of independence while you are...
Can a Husband Sue His Wife’s Lover in C...
Relationships can become very difficult if one of the spouses cheated on the other. In many cases, adultery could even end the relationship. Historically, victims of adultery had the right to take legal action against their spouse and the person that their spouse... Is California a 50/50 State When it Comes to ...
California is one of 9 “community property states” in the U.S. In these states, courts handle asset division in divorce cases by splitting all shared property equally, which generally means a strict 50/50 split. The Ventura, CA divorce lawyers at the Law Offices of...
Does Cheating on Your Spouse Break a Prenupti...
Many couples use prenuptial agreements for many different reasons. These agreements could be used to make sure that you leave the marriage with your individual property intact or to make sure you keep ownership of your investments or business interests. One other...
How Long Do You Have to Be Separated in Calif...
In many states, lawmakers set limits on who can get divorced and when you can file for divorce. In those states, many couples choose to go through a trial separation period before getting divorced. In California, there is a waiting period to ensure that no one... Can My Husband Stop Paying the Mortgage Durin...
When you’re in the middle of a divorce case, a lot of things in your life can seem up in the air. The question of where you will live and what will happen to your house is generally one of the biggest concerns people face. If you will be living apart, finding a new... How Does a Wife Get Alimony in California?...
Spousal support – a.k.a. “alimony” – is traditionally paid to wives after a divorce to give them ongoing financial support. This practice is something that was more commonplace in the past when families primarily had one spouse who worked and one who stayed home to... What Qualifies You for Alimony in California?...
In California, spousal support (also known as “alimony”) is used to help spouses continue to get the financial support they need after a divorce. If you are seeking a divorce and think that you might need ongoing financial support after the divorce is finalized – or... Does a Cheating Spouse Get Alimony in Califor...
After a divorce, many spouses claim alimony to help support them. Especially if the marriage was very long or the spouse has increased medical costs from a disability or old age, the court may consider alimony necessary. While some states may consider unfaithfulness...
How Can I Get a Divorce Online in California?...
Many websites offer services that they call “online divorce” services or they advertise low-cost options to get divorced online. Unfortunately, California does not offer the opportunity to file for divorce online, and most of these websites only offer services to help...
Do I Need My Marriage Certificate to File for...
After you get married, you need a copy of your marriage certificate for many reasons. Changing your name on your driver’s license, passport, credit cards, and other places typically requires proof of your name change, which a copy of your marriage license can...
What Does No-Fault Divorce Mean in California...
If you are researching your options for divorce in California, you may have come across the term “no-fault” divorce. This term can be confusing, especially for people unfamiliar with California’s divorce grounds and legal system. The Ventura divorce lawyers at the... Does It Matter Who Files for Divorce in Calif...
Filing for divorce can be a big step, and decisions around when to file, how to file, and who should file can seem complex. Before making any decisions, it is important to understand the effects of these choices. Generally, who files the divorce case does not have...
How Soon Can You Get a Divorce After Getting ...
To file for divorce in California, there is only one real requirement that you must meet: you have to already be married first. Generally, you can get divorced almost as soon as you get married – if you want to – but there are a few other requirements and legal... Do I Have to Go to Court for Uncontested Divo...
If you and your spouse have discussed divorce and want to file an uncontested divorce, you may be confused about how the process proceeds. Most divorce cases involve going to court, holding hearings for property division and child custody, and having a judge make... What is the Cheapest Way to Get a Divorce in ...
In California, there are a few options to get divorced. In nearly every case, you must go to court and have a judge approve your divorce case. To cut costs on your divorce, you may be able to file your case yourself – but doing so opens you to potential problems and...
Can You Sue Someone for Cheating with Your Hu...
If your husband has cheated on you, you might feel heartbroken or you might want justice. While you may be mad at your husband, you might be furious with the person he cheated with. One solution you may have thought about is taking them to court. The Ventura, CA...
Is Online Divorce a Good Idea in California?...
If you’ve been researching divorce online, you may be looking for options to file your divorce case online and get the divorce finalized quickly and easily. Unfortunately, California law does not currently authorize spouses to get divorced online – but there are...
Can You Date Before a Divorce is Final in Cal...
Before you can finalize your divorce in California, you must go through a 6-month waiting period. During this time, you will still be technically married, but you may start living separately and getting on with your life after marriage. Because the law still...
How Do You Remove a Bench Warrant in Californ...
A bench warrant is a warrant for your arrest issued to force you to appear in court. Typically, these warrants are issued after a failure to appear for another case or because the court needs to see you about some other matter. If a police officer finds out you have...Can You Still Live in the Same House and Be L...
Many couples file for divorce or legal separation and start living as individuals again. The law allows you to immediately return to a single lifestyle with the caveat that you are still officially married. This allows you to divide property and go your own way –...
Why Would You Get a Legal Separation Instead ...
The choice between legal separation and divorce is often more complex than you might initially think. If you are seeking a divorce, you should understand that a divorce is permanent and returns you to being individual, single people. Choosing legal separation... Can I Drink While on Probation for DUI in Cal...
Drinking and driving is a serious issue throughout the U.S. Many people who face charges for DUI face probation. There are two types of DUI probation, and each one has different effects on your freedom and rights. Drinking while on probation for DUI is usually not... What is Legal Separation in California?
You may have heard of other couples who are “separated,” but not divorced. You may have also considered a “trial separation” in your own marriage. However, the exact definition of separation may surprise people, and it is important to understand what exactly...
Who Gets the House and Cars When Unmarried Co...
Married couples in California share all property and assets that they acquire during the life of their marriage. When they get divorced, they split all property 50/50. Unmarried couples cannot take advantage of these 50/50 “community property” laws when they break...Who Claims a Child on Taxes with Joint Custod...
Child custody and support can have effects on a wide range of other legal issues. Obviously, your finances will be heavily affected if you pay child support or care for a child in your household, but what about your taxes? Parents can typically get tax exemptions...
Can I Get Out of Paying Restitution in Califo...
Restitution is ordered as part of the penalties in many criminal cases. Restitution is used to pay back the victim for damage to property, medical expenses, and other harms they suffered from the crime. Often, paying back a victim is an important part of the process... How to Become a Legal Guardian for a Sibling ...
The phrase “parent or guardian” is commonly used to inclusively refer to other adults that act as a parent. In some cases, a guardian will be a grandparent, aunt or uncle, or even an older sibling that cares for a child. Older siblings seeking to become their...How Long Does It Take to Settle My Injury Cla...
If you were injured in an accident, you could face serious pain and suffering that makes it hard to work or enjoy daily activities. Unfortunately, you may need to wait for an extended period while your injury claim is resolved before you can get the compensation you... Can California Child Support Be Lowered if I ...
Having another child while you are already paying child support may seem like an increased burden that could wreak havoc on your finances. Child support orders in California look at the totality of your circumstances when determining how much you need to pay in child... Should I Talk With the Police?
The job of a police officer is to “serve and protect,” but their day-to-day tasks focus on finding crimes, gathering evidence against the perpetrator, and arresting them for trial. Anything that you say to a cop could potentially become evidence against you if you...
Is My Work Injury Claim a Lawsuit Against My ...
If you were injured at work, you probably have dozens of questions about the process for filing a claim. In California, there are two ways your work injury claim might be filed: as a lawsuit or as a workers’ compensation claim. Talk to an attorney to find out which... What Qualifies for Wrongful Death in Californ...
Any death brought about through the negligence or recklessness of another individual may qualify for a wrongful death lawsuit. The families of victims can typically file a lawsuit to seek compensation for the loss of a loved one, especially if the death was caused by... Is There a Statute of Limitations on My Perso...
People who are injured in accidents caused by someone else’s negligence generally have the right to sue for the harms they suffered from the accident. However, this right does not last forever. The right to sue for injury is governed by a “statute of limitations”...
Is a Dog Bite a Legitimate Cause for a Legal ...
Pet owners are responsible for ensuring the safety of other people who encounter their dogs. Even dog lovers understand that not every dog is safe or properly trained, and victims of dog bites may be all too familiar with the potential risks of coming across a...
Can Criminal Charges Be Dropped or Dismissed ...
When you are arrested or receive a citation for committing a crime in California, you will be given a court date. It is absolutely vital to always appear to any ordered court dates. While some cases, such as traffic cases or local ordinance violations, may involve a... Will I Lose My Green Card if I Get Divorced i...
Getting married when one of the spouses is an immigrant can be extremely difficult. The federal government is very strict with immigration policies, and it does not give out green cards to married couples as easily as you might hope. Even after a green card is...
Can Cousins Get Child Custody Rights in Calif...
In times of need, families often come together to help each other, especially when it comes to caring for young children in the family. If parents are unable to raise their children or the children are left without a parent in the household because they were involved... When Can You Modify a Child Support Order in ...
When a judge sets a child support order in place, that order must be followed for as long as the order is in place. However, when your family’s circumstances change, the order may no longer fit the situation you are in. Especially if you lose your job, have another... How to Lower Child Support in Santa Barbara, ...
If you are paying child support in California, you would probably like to pay less. In many cases, parents paying child support do not get the benefit of spending as much time with their children as they would like, and paying so much money to your ex without the...
How Does Child Support Work with 50/50 Custod...
Joint custody can be an excellent arrangement for parents who are divorced, separated, or not in a relationship. It gives both parents the opportunity to be a part of their children’s lives, and it also helps parents share the burden of raising children. One of the... Can I Get a Divorce if We Still Live Together...
A divorce is the end of a marriage, and it usually brings with it an end to many of the benefits of marriage. Things like joint tax filing, dividing household duties, and, of course, sharing a home typically come to an end along with the divorce. Every couple’s...Can Aunts and Uncles Get Child Custody Rights...
They say that it takes a village to raise a child. There are many situations where a child’s birth parents may not be the best-equipped to support a child, and other adults in the family may step up to care for the children. Some of the most common family members to...
Can a Noncustodial Parent Get Medicaid for a ...
Healthcare is a huge financial issue for many families. During divorce cases, child custody hearings, and child support discussions, who pays for the children’s medical coverage is becoming more and more of an issue that arises in nearly every case, and paying for... Are There Different Types of Divorce in Calif...
In California, nearly all divorces are no-fault divorces. Some states give multiple options for fault or no-fault divorce grounds leading to different types of divorce cases. Even though divorces are all based on the same no-fault grounds, divorces still happen in... What Are the Benefits of Domestic Partnership...
Before marriage was legalized for same-sex couples in California, California had an alternative to marriage available for same-sex couples and some opposite-sex couples. This system of “domestic partnership” is similar to marriage and has many of the same rights and...
How Do You Know if You Are Eligible for Child...
Millions of Californians receive child support to help raise their children. Child support is an important part of many families’ ability to support their children, especially today when marriage rates are low and divorce rates are high. The Ventura child support... How Do You Know if You Are Entitled to Alimon...
You may have heard of alimony or “spousal support,” but it can be difficult to understand exactly when you might be able to claim alimony. In California, alimony almost always involves court proceedings, and it is usually only available if you are going through a...
Can You Be Arrested for Filming a YouTube Pra...
Many YouTubers are based in California, and with pranks being one of the most popular genres of videos on the site, hundreds of thousands of YouTube pranks have been filmed in California. Many of these videos are filmed, laughs are had, and the video is posted without... How Many Years Do You Get for Manslaughter in...
The crime of murder is not the only criminal charge available in cases where one is responsible for someone else’s death. In many cases, manslaughter is charged instead. TV shows and news reports sometimes make it seem like being convicted of manslaughter is nearly...
Will Police Enforce Child Custody in Californ...
If you have joint custody or visitation, you are constantly relying upon the other parent to follow through with the terms of the child custody order. In many cases, it can be a challenge to get the order followed, which can mean losing time with your children or...
What Does a Therapist Have to Tell the Police...
Seeking therapy is incredibly helpful to many people, and you should never pass up the opportunity to get the help you need because you fear that your therapist might be able to report what you say to the police. Instead, it is important to understand your rights,...Is Sexual Assault a Felony in California?...
Under California law, the crime of sexual battery (commonly known as “sexual assault”) is a serious offense. The penalties for sexually assaulting another person are sometimes classified as a misdemeanor offense in California, but other times the offense does arise to...
What is the Open Container Law in California?...
California’s open container law is contained in the Vehicle Code. This law makes it illegal to have an open container in a vehicle. The Ventura DUI defense attorneys at the Law Offices of Bamieh and De Smeth explain how this offense is often charged alongside drunk... What Happens if I Can’t Pay Restitution...
After being charged with a crime, you may be ordered to pay restitution. Restitution pays back the victim for the offense and is usually ordered in cases involving property damage, theft, or injury that led to medical expenses. Whenever you are ordered to pay... How to Prove a Parent Unfit in California...
Courts are hesitant to strip parents of their rights. In child custody disputes, many parents want to block the other parent’s access to the children. If the parent is a good parent, courts are reluctant to interfere with their parental rights. However, if the parent... The Penalties for Aggravated Sexual Assault o...
Sexual crimes and crimes against children often have higher penalties than other crimes. For instance, sexual assault is a much more serious offense than simple assault, and it carries higher penalties. Thus, it follows that sexual offenses committed against children...Can Workplace Sexual Harassment Become a Crim...
Sexual harassment, lewd comments, and suggestive actions in the workplace are usually inappropriate, but they are not always illegal. In the past few years, society has begun to crack down on workplace sexual harassment, and more and more cases are reported publicly.... How Long Can the Adoption Process Take in Cal...
Adopting a child is one of the biggest commitments you can enter into under California law, and so it makes sense that the law puts rules and processes in place to avoid quick decisions and to vet potential adoptive parents. The process for adopting can take a long...Can Sexual Assault Charges Be a Misdemeanor i...
Many crimes in California can be classified as either a “felony” or a “misdemeanor” depending on details of the crime and how it is committed. Sexual assault, which can be charged under multiple different statutes, is one of these offenses. In some cases, sexual... Is There a Grace Period for Child Support Pay...
Many states allow a grace period after a payor fails to pay child support. During this period, there are no penalties or interest, and the payor gets a little extra time to get the money together or put the check in the mail. California’s child support payments work... What Are the Penalties for First Time Assault...
Criminal charges for assault always have the potential of serious criminal fines and jail time. To make matters worth, most assault cases also come with charges for battery, which can mean facing penalties for both offenses. Even a first-time assault charge can carry... The Differences Between Child Support and Ali...
Child support and alimony are both ordered in many divorce cases. In any case, ex-spouses and co-parents often misunderstand the purpose of these payments, and courts need to keep straight which payments are for which purpose because these are vastly different support...Can You Get Child Support from Someone on SSI...
Every child has the right to receive support from his parents whether they live together, are separated, or divorced. California courts are zealous protectors of a child’s best interests, and parents typically cannot stop paying court-ordered child support obligations...Can I Get a Protection Order for Verbal Abuse...
Going through a domestic violence situation can be extremely difficult. Most domestic violence cases involve women, although men are also victimized. According to the National Coalition Against Domestic Violence (NCADV), in the U.S, almost twenty people are abused by...
Can DUI Charges Be Reduced to Reckless Drivin...
Charges for driving under the influence (DUI) can come with serious penalties including jail time, probation, and a license suspension. Reckless driving charges are often lower in seriousness and can be charged in a wide range of situations. In many cases, prosecutors...
Reckless Driving vs. DUI Penalties in Califor...
In California, reckless driving charges and charges for driving under the influence (DUI) often come hand in hand. These crimes are often charged together because it is common practice in California to “plead down” many DUI charges to reckless driving charges, which... Can I Get a Divorce in California if I was Ma...
People come to California from all over the world. Some may move here with their spouses to start a new life together, some may come home with a spouse after time abroad, and others may move here for new opportunities and a chance to get away from a bad relationship... Can I Adopt a Child from Another State if I L...
Thousands of parents around the country resort to adoption to make their parenting dreams come true. While some prospective parents may adopt children from their home state, others may decide to explore options for adoption from other states. Our Ventura adoption... DUI Vs. “Wet Reckless” Driving in Califor...
Drunk driving is usually charged under California Vehicle Code (VC) 23152. Under some circumstances, you may be able to get your case “pled down” to a lesser offense to avoid the penalties associated with driving under the influence (DUI). When this happens, reckless...Disorderly Conduct vs. Public Intoxication in...
California’s disorderly conduct statute is broad and covers a wide range of subjects that are considered traditionally deviant or against society. Typically, other states may use “disorderly conduct” as a name for a catch-all offense like California’s “disturbing the...Common Examples of Disturbing the Peace in Ca...
Disturbing the peace is a common minor offense that many people face in California. While it may carry the potential of a fine and jail time, these charges can often come from mundane situations that are not severe enough to warrant jail time. The following examples...When Does a DUI Become a Felony in California...
California’s drunk driving laws create incredibly harsh penalties for driving under the influence (DUI). When you are caught behind the wheel with alcohol or drugs in your system, you could face penalties that include jail time and incredibly high fines and...
How Long Can a Divorce Take in California?...
Many divorces can take a long time because there involve complex issues to work out. Other divorces are simple and can be finalized quite quickly. Depending on the facts of your case and the attitudes of both parties, the length of your divorce case can vary. The... Can You Contest a Default Divorce in Californ...
If you do not respond to a divorce petition or you respond past the deadline, the judge may enter a “default judgment” against you. In a default divorce, the court essentially understands that you did not want to respond, and the case proceeds without you. This means... What is a “Default Divorce” in California...
Every divorce case works differently. While California only has one set of grounds for divorce under its no-fault divorce rules, every couple has different goals and views on the divorce. If you were served with divorce papers and do not want to get divorced or refuse...Is Spitting on Someone Assault in California?...
Many times, when someone is under arrest or involved in a serious altercation, they may spit at the other person if they don’t have a free hand to do anything else. Alternatively, people may spit at someone to show their disgust or anger rather than hit them.... Can Assault Charges Be Dropped Before Trial i...
Getting charges dropped is one of the best ways to end your criminal case. While dropped charges may not be as permanent as a “not guilty” verdict at trial, getting charges dropped before trial starts means less time in jail, less time under bail supervision, and less... 5 Examples of Simple Assault in California...
Simple assault is a confusing crime in California. First of all, the crime that most people think of as “assault” is technically called “battery,” while a second crime that usually coincides with battery is known as “assault.” Understanding which charges you face and...
Simple vs. Aggravated Assault in California...
Two California crimes, “assault” and “battery,” have multiple levels of crime based on different elements in how the crime was committed. The crime of “battery” is commonly called “assault” by most non-lawyers, which can make it especially confusing to understand what...Can Drug Possession Charges Be Dropped Before...
Getting charges dropped is often one of the best outcomes you can get in a criminal case. Especially if your charges are dropped before trial, you can save yourself from facing the costs of going to court. Additionally, you can get released from pretrial confinement...The Difference Between Dropped and Dismissed ...
If you are facing criminal charges in California, you may want to get the charges against you “dropped” or “dismissed.” These phrases are commonly used interchangeably, but they, legally, mean different things – and your case’s outcome could be completely different... What is 50/50 Custody in California?
In California, courts prefer to give both parents custody whenever possible. Joint custody cases where both parents have equal parenting time are commonly said to have “50/50 custody.” The Ventura child custody lawyers at The Law Offices of Bamieh and De Smeth discuss... Types of Alimony Payments in California
Alimony, or spousal support, is money that one spouse pays another after the divorce is finalized. Alimony can be ordered for multiple reasons, but these payments are always intended to support the spouse directly, not to support children. Because alimony is paid for... What Are the Penalties for Assault in Califor...
Assault is a crime that often ranges in severity. While any criminal charges are serious and can lead to jail time, some assault charges are less severe than others. It is important to understand what potential penalties you may be facing if you were charged with...Is There a Statute of Limitations Defense to ...
Most lawsuits have a “statute of limitations.” These rules work to stop cases from being filed too long after the harm occurs. Civil and criminal cases both have them, but many family law cases do not. Usually, a statute of limitations gives a certain number of years... What Are the Punishments for Repeat Probation...
Probation is an alternative punishment that often helps people avoid prison. When the judge hands down a sentence including probation, he will set limitations and rules that you must follow to maintain your freedom; failing to follow these limits can end your...
Can You Adopt if You Have Cancer in Californi...
Living with cancer can be incredibly difficult. Much of your energy might be devoted to taking care of yourself and getting better. However, something like cancer does not necessarily need to put your life on hold, and you may still be able to accomplish many things... Can You Adopt if You Have a Disability in Cal...
California’s adoption laws do not limit people with disabilities from being able to achieve their dreams of being a parent. However, disabilities are legitimate concerns for the courts and social workers that approve your parental fitness. Because of this, adopting... Can You Adopt if You Are Single in California...
Families come in many shapes and sizes. More and more Americans are not letting the fact that they do not have a spouse or a partner get in the way of their dreams of being a parent. In many cases, adoption is not limited to married couples, and you may be able to... What if You Plan to Move Out of State During ...
Moving out of state during a divorce may be completely legal in many cases, but it may cause you some problems. It is understandable that many people going through a divorce may want to move-on to a new state, return home to their parents, or return to familiar... Can You Get a Divorce While Pregnant in CA?...
Divorce can be complicated, and divorcing with children is even more complex. If you are pregnant, some states prevent you from being able to get a divorce until after you give birth. In California, your freedom to get divorced is strongly protected. The Ventura... Common Examples of Sexual Assault Charges in ...
Sexual assault is often a confusing crime because the definition that most people understand may not match up with the legal definition. Most people think of “sexual assault” as unwanted touching, or they may consider “sexual assault” a euphemism for rape. Sometimes... What Happens If You’re Charged with Mul...
Being charged with drunk driving can interrupt your life. Even if you didn’t cause an accident or hurt anyone, the penalties from a DUI (driving under the influence) charge can include jail time, license suspensions, and high fines. Even worse than facing the...
Can You Go to Jail for First-Time Gun Charges...
For the most part, California’s criminal laws aim to keep non-violent, first-time offenders out of jail. However, violating California’s gun laws can still lead to jail time, even for a first-time gun possession charge. If you or a loved one was arrested for a gun...
Can You Appeal DUI Charges in California?...
If you take your criminal charges to court and lose your case, you may be convicted for the offenses and sentenced. However, that is not the end of your case. You have the right to appeal legal errors in your case, potentially getting the conviction thrown out and... What Are the Punishments for Repeat Probation...
If you violate your probation in California, you could have your probation revoked and be sent straight to jail or prison. In many cases, judges and prosecutors require strict penalties for probation violations, but there may be opportunities to have your attorney... Who Keeps Custody of Pets in a California Div...
Divorce is often incredibly complex, with dozens of interconnected legal issues. When finding a divorce attorney, it is important to look for someone who will consider your entire case, not just the divorce. That means that if you have children who will be affected... 3 Differences Between Same Sex Marriage and a...
The term “domestic partnership” confuses many Californians. Domestic partnerships are a very specific legal relationship available in California, similar to “civil unions” in other states. If you are considering marriage or an alternative to marriage, you may be... How Does Having a Drug Addicted Parent Affect...
In any child custody proceedings, the court’s ultimate goal is to protect the best interests of the child. In general, the court sees it in the child’s best interests to give joint custody to both parents, but if one parent is hiding a secret or is involved in... How Are Assets Usually Divided in a Californi...
There is a stereotype in divorce cases that your spouse “gets half your stuff.” This stereotype is truer than in most states, but there are some technicalities to consider. The Ventura divorce lawyers at The Law Offices of Bamieh and De Smeth explain California’s... What is the Statute of Limitations for Theft ...
Theft is a common offense. Many people might have gotten away with shoplifting or another small theft crime in their distant past – or recent past. In many cases, theft goes unpunished, but thousands of other cases each year are prosecuted and lead to serious...
Can You Go to Jail for Public Indecency in Ca...
“Public indecency” or “indecent exposure” is a crime in California. People may associate a crime like this with flashers, which may seem somewhat comical. However, these allegations are quite serious and apply in a wider range of circumstances. Not only can the... The Difference Between Sexual Harassment and ...
Especially over the past year or so, sexual assault claims, claims of inappropriate sexual advances, and sexual harassment have been widely discussed in the news. While many of these news stories go into details about the specific conduct alleged, many of the broad... How Is Restitution Calculated in California?...
When you are convicted of a crime in California, you may be required to pay fines and serve time in jail or on probation. On top of that, you may be required to pay “restitution.” Restitution is money that the defendant pays the victim of a crime to help pay them...
Can Grandparents Get Visitation Rights in Cal...
Your relationship with your children may not have always been great, but you might hope to make things right by having an excellent relationship with your grandchildren. There’s a special bond between grandparents and their grandchildren – but there’s also a special... 5 Tips to Consider when Hiring a Divorce Lawy...
If you are considering filing for divorce, you should also consider hiring a divorce attorney to help you with your case. While you can file for divorce and complete the process without an attorney, there are often great benefits to hiring an attorney. When selecting... What Are the Benefits of Prenuptual Agreement...
In the era when baby boomers were being born, divorce was a stigmatized event. People went to great lengths to make a marriage work even if it meant withstanding abuse, infidelity, or overall incompatibility. Today, divorce is not nearly as stigmatized as it once was,...
What Are the Pros and Cons of Postnuptual Agr...
Postnuptial agreements have been on the rise in recent years, yet many people are still unfamiliar with what exactly they are. Functioning much the same as prenuptial agreements, postnuptial agreements are written and executed as a plan for a couple’s asset and...
The Statute of Limitations for Juvenile Crime...
Understanding the statute of limitations for prosecuting crimes can be confusing because it does not apply to all criminal offenses. According to the California Department of Justice’s data analysis of juvenile crimes in 2015, there were 71,923 juvenile arrests in the... Can You Refuse a Breathalyzer Test in Califor...
You had a few beers and left the bar thinking you were sober enough to drive, and next thing you know, you are pulled over by a police officer. All of a sudden, you are overcome with panic questioning whether your BAC will be over the legal limit if the officer asks...
The Statute of Limitations for DUI in Califo...
Each state has a set of “statutes of limitations” for criminal offenses. A criminal statute of limitations is a law that puts a limit on the number of years that can pass before a prosecutor is barred from charging a person for a crime. Some crimes, such as murder or...
What is the Cost of Adoption in California?...
Adoption cases come with many differences and challenges in each case. If you are trying to adopt a child from a local orphanage or through an adoption service, the cost may be substantially lower than seeking a child from overseas. Other families, including LGBT...