Bamieh & De Smeth Legal Blog

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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 ...

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...

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 ...

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...

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 ...

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...

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...

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?

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 ...

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...

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...

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...

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

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...

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...

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...

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...
How Are Damages Determined in a Personal Inju...

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...

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?...

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...

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 ...

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 ...

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...

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 ...

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...

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 ...

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...

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...

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...

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...

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...

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...

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 ...

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...

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...

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...

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?...

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?...

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...

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?...

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...

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...

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...

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 ...

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...

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 ...

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...

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?...

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...

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...

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 ...

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...

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?

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...

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...

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 ...

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 ...

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?

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 ...

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...

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...

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 ...

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 ...

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...

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...

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 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, ...

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...

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...

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 ...

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...

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...

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...

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...

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...

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...

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...

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...

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?...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...
The Differences Between Child Support and Ali...

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...

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...

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?...

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...

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...

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...

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...

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...

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?

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

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...

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...

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...

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...

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...

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 ...

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?...

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 ...

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...

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...

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?...

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...

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...

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...

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...

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...

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 ...

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...

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 ...

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?...

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...

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...

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...

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...

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...

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...

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...

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?...

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...
How Do Sexual Assault Allegations Impact a Di...

How Do Sexual Assault Allegations Impact a Di...

When a marriage involves violence, abuse, or sexual assault, it is usually a clear sign that that marriage needs to end. Divorces are available in California without needing to prove any “fault grounds” or marital misconduct. However, when clear misconduct such as...

How is Alimony Determined in an LGBT Divorce ...

California’s laws are designed to provide the same rights and protections in all divorces. This means that no matter your gender or who you’re married to, you should have equal access to alimony, also known as spousal support. Alimony is not always justified in every...

The Most Dangerous Cities in Southern Califor...

Many cities in Southern CA are notorious for having high crime rates. In many of these cities, these crime rates are a bit exaggerated. In 2016, the crime rate increased slightly in California, but the actual crime levels are even lower today than in many periods in...

The 5 Most Common Crimes in Southern Californ...

When you see news stories about crime, they often involve extremely serious, scandalous, or rare crimes. But the nightly news is not always representative of the actual crime that occurs day-to-day. While most of this crime goes by silently, the news tends to focus on...

Who Pays Child Support in Shared Custody Case...

“Shared custody” is a confusing term because child custody terms often overlap and mean multiple things, depending on the situation. Custody can be “shared” in several ways, and different types of shared custody have different implications for things like...

What is the Statute of Limitations on Drug Po...

Statutes of limitations are legal deadlines for the government to file a case against you. If they do not get the case to a judge within a certain amount of time, the charges against you cannot be filed. Each criminal statute has a time limit that the government must...

Is Driving Without Insurance a Criminal Offen...

Some traffic offenses exist to help ensure safety. When you drive, there is always a chance that you may get into a car accident. When you do, it is vital that you carry car insurance. Rather than ensuring safety, this law is in place to help sure that others have the...

Who Pays Child Support in a Same Sex Divorce ...

California has many family laws dealing with marriage and children that used to only apply to couples and parents who included one man and one woman. However, California courts and legislators have learned that this is no longer the case in every couple or family, and...

Who Gets to Keep the Engagement Ring in a Sam...

Same-sex relationships offer many of the same struggles and problems as any other relationship – but sometimes add special difficulties that other marriages do not have. In most opposite-sex relationships, there is only one engagement ring, and California law has...

Are Postnuptial Agreements Valid in Californi...

Are Postnuptial Agreements Valid in California? Postnuptial agreements are on the rise in marriages across the country. This type of contract differs from prenuptial agreements in that it is executed after a marriage or civil union takes place between two individuals....

What is the Average Jail Time for Types of Dr...

When an individual is charged with drug possession in California, the first thought that comes to mind is usually concern about sentencing and potentially serving jail time. A possession conviction and history of incarceration can make it difficult to obtain...

Can Child Support be Garnished from Two Jobs ...

Failing to pay child support can mean serious penalties. The most common of these penalties is wage garnishment. When the courts result to wage garnishment, they can order your employer and your bank to withhold a portion of your paycheck and pay it directly towards...

How to Improve Your Chances of Winning Child ...

If you are facing a child custody dispute, winning custody may seem like a longshot. However, what courts look for when awarding custody is often surprising to many parents, and may allow you custody where you might not expect to win. If you are going through child...

5 Tips for Lowering Alimony Payments in Calif...

What happens in the courthouse doesn’t always stay in the courthouse, especially when it comes to divorce. Many people are disheartened to discover that long after their hearts are mended and legal fees are paid off, they are still being required by the court to...

What to Do if Your Vehicle was Seized after B...

Police and courts have broad powers to seize evidence of a crime, which may include illegal items like drugs, personal items, or even vehicles. In general, anything that is involved in a crime can be seized as evidence. Even further, however, the State can usually...

Does an “Open Marriage” Change the Legal ...

Many Americans are opting to do away with “traditional,” monogamous marriages, opting instead to enter into “open marriages.” Though legally, there is no difference between a “closed” and “open” marriage, the parties themselves may feel very different about how their...

What are Your Options if You Fail a Drug Test...

If you are on probation or parole in California, regular and random drug testing may be a huge portion of the oversight the court ordered. Alongside regular check-ins with your PO, California courts often order drug tests, even for non-drug-related probation. It is...

The Legal Rights of Unmarried Couples after a...

As the classic song says, breaking up is hard to do. This is true whether you are married or not. However, ending a relationship is often legally much easier if the parties are not married. Ending a marriage requires going to court and getting a divorce. In most...

What Happens if Someone Refuses to Sign Divor...

Many people incorrectly believe that they can stop a divorce in its tracks by refusing to sign or respond to their spouse’s legal documents. The truth is that failure to sign divorce papers will do nothing but limit the non-signing spouse’s legal rights – without...

What Are the Penalties for Not Paying Child S...

In divorce cases, child support helps the custodial parent pay for food, clothing, shelter, and other childcare expenses. Though child support is critically important, it can also be a subject of heated and contentious disputes. The parent ordered to pay child support...

What Are the Penalties for a First-Time Proba...

“What happens if you violate probation for the first time?” This is a common, important question that is frequently asked of our Ventura probation violation lawyers. The answer depends on the nature of the violation, and is at the discretion of the judge, which is why...

Does California Have Mandatory Minimum Senten...

Compared to many other states, California has somewhat lenient drug laws. For example, simple possession of marijuana up to one ounce (28.5 grams) is not a criminal offense in California, despite being treated as a misdemeanor in many jurisdictions. Nonetheless,...

What Are the Penalties for Marijuana DUI in C...

Last November, Californians voted in favor of Proposition 64, resulting in the legalization of marijuana for recreational purposes by adults. Though the passage of Prop 64 has significantly relaxed California’s marijuana laws by legalizing the possession of up to one...

Legal Options for Not Receiving Child Support...

There are many legal complications that come along with being unmarried to your child’s other parent. Issues like custody, visitation, and child support often pose problems for California parents. Most parents want to provide both financial and emotional support to...

California Child Support Laws 2017

Child support cases can be highly emotional for the California parents involved. These cases often come intertwined with other legal issues, like divorce, custody, or paternity disputes. Unmarried parents and parents facing an impending divorce have many questions to...

The Statute of Limitations for Sexual Assault...

Being accused of sexual assault is difficult to bear, nerve-wracking, and embarrassing. Being falsely accused is even worse. Every individual accused of a crime deserves an effective and aggressive defense, and for those who have been falsely accused, the stakes are...

What is the Process For a Divorce in Californ...

Divorce can be a long, stressful and complicated experience. There are many steps in the process that seem like they were designed to cause tension, despair and headaches. Terms like “community property,” “spousal support,” and “joint custody” can overwhelm even the...

California Engagement Ring Laws

Getting engaged is a special and exciting time in a person’s life. Heightened emotions, secret plans and usually a diamond ring are involved. Unfortunately, engagements don’t always lead to marriage and the question of who gets to keep the engagement ring can quickly...

What is Community Property in a Divorce in Ca...

Going through a divorce is one of the most difficult and confusing things that can happen in your life. Not only are emotions heightened and fluctuating, but there are endless logistical nightmares to deal with as well—property division, spousal support, child custody...

Can I Get a Divorce in California If My Spous...

Divorce can be an extremely emotional and painful experience no matter what the circumstances. Those feelings can be magnified tenfold if the divorce involved infidelity. According to the American Association for Marriage and Family Therapy, in approximately 41...

The Most Common Types of Crimes in Santa Barb...

It might come as a surprise to some California residents that Santa Barbara’s crime rate is 10 percent higher than the California average and 17 percent higher than the national average. A higher crime rate can also mean a higher rate of false accusations or mistaken...

Who Typically Receives Child Custody in a Sam...

The rules surrounding same-sex marriage, divorce and custody are constantly changing. In addition to being confusing, these pieces of legislation also come with emotional consequences for the parents affected. Many parents in same-sex relationships may have serious...

How Long Does Alimony Last in Ventura, CA?...

In the event that you find yourself facing a divorce or annulment proceeding, one of the first issues you may run into is alimony.  Alimony is a court-ordered sum of payments or provisions awarded to a spouse upon the dissolution of a marriage, and in some instances,...

Can You Go to Jail for a Second DUI in Califo...

Being arrested for driving under the influence (DUI) is an embarrassing, stressful and unnerving experience. A California DUI charge comes with many consequences, including potential fines, jail time and the suspension of your driver’s license. Depending on your...

Separation vs. Divorce in California – ...

If you find yourself facing the breakdown of your marriage, you may be wondering whether divorce or separation is the right next step. During a sensitive and often confusing time, it can be difficult to make the choices that will best protect your finances, your...

Three Reasons to Appeal a Criminal Case in Ve...

If you’ve been convicted of a criminal offense, you’re probably feeling very overwhelmed and vulnerable. Receiving an unfair sentence can be another especially nerve-wracking experience. After hearing the jury’s verdict and the judge’s ruling, you might worry that the...

How Does a Judge Determine Who Gets Child Cus...

When a couple with minor children separates, one of the primary issues to be decided is which parent will be awarded custody.  Custody can be either physical or legal, and can be shared in a variety of ways according to the court-ordered plan.  California courts will...

How to Get Out of a Public Intoxication Charg...

Every county in California has a court known as a “superior court” or “trial court,” which has jurisdiction (authority) over criminal cases in that county. For example, Ventura Superior Court has jurisdiction over misdemeanor and felony cases that are being prosecuted...

Child Custody Laws in California

Child custody is typically the most urgent concern for parents who are going through the divorce process in California. No mother or father wants to relinquish more time with their child than they have to, which often leads to heated disputes, even in cases which are...

Can You Go to Jail for Public Intoxication on...

Boasting balmy weather, great surf, and pristine sand, the beaches in Ventura County are some of the best in the country, attracting thousands of locals and tourists alike. Emma Wood State Beach, Harbor Cove Beach, La Conchita Beach, Marina Park Beach, and San...

What is the Penalty for Underage DUI in Calif...

Getting a DUI as an adult can throw a wrench into your career, your reputation, and your personal relationships. Getting a DUI under 21 can be equally devastating, because it has the potential to affect college admission, eligibility for student loans, and other...

Is Assault a Felony or Misdemeanor in Ventura...

Assault is one of the most common crimes people get arrested for in Ventura. In fact, arrests for violent crimes like assault are on the rise in Ventura County. In an interview with the Ventura County Star last year, Ventura Police Chief Ken Corney said, “Arrests were...

The 5 Most Dangerous Roads in Southern Califo...

Stretching from Kern, San Bernardino, and San Luis Obispo Counties down to the southernmost tip of the state, Southern California features some of the Golden State’s most beautiful scenery and most desirable property, not to mention the heart of its film industry....

Are the Police Allowed to Confiscate a Phone ...

There are many scenarios in which your personal property could be seized or confiscated by law enforcement in California. For example, police confiscation could occur if an officer discovers your phone at the scene of a crime. Police seizure can also occur when you...

How Bail Amounts Vary by Crime in California...

California bail amounts can vary based on factors like offense severity, prior offenses, and other considerations. They also change from year to year, and furthermore vary from county to county. To keep families of defendants updated with the latest information, our...

Can the Ventura County District Attorney Dism...

As a Ventura criminal defense attorney, the lawyers at Bamieh & De Smeth are frequently asked the question, “Can a District Attorney dismiss a case?” Continue reading to hear the answer and learn more about what it means when a defendant’s criminal case is...

What is the Statute of Limitations for a Medi...

If you are considering taking legal action against a negligent doctor, nurse, surgeon, or other healthcare professional, it is critically important that you are aware of the time limit to file a malpractice lawsuit. Ventura medical malpractice attorneys answer the...

How Long Do You Have to Report an Accident to...

The California Highway Patrol reported that more than 223,000 people were injured in California car accidents during 2013 alone. With statistics like these, it’s important to make sure you are prepared in the event that you or a loved one is ever seriously hurt in a...

When is Drug Possession a Felony in Californi...

Drug possession is generally charged as a misdemeanor in California. However, there are certain situations where alleged possession of controlled substances can lead to felony charges. If you or one of your family members was arrested and charged with drug possession,...

Is California a No-Fault State for Car Accide...

When it comes to auto insurance and car accident liability, there are two types of states: no-fault states, and fault states. But how are they different, and which category does California fall into? The Ventura personal injury lawyers of Bamieh & De Smeth answer...

Is Domestic Violence a Felony in California?...

All domestic violence charges are serious. However, felonies can result in tougher penalties than misdemeanors, including higher fines and longer prison sentences. Additionally, due to the controversial “Three Strikes” sentencing law enacted in 1994, felony...

What Are the Penalties for Being Convicted of...

Statutory rape charges are based on the age difference between the defendant and the other person. If the victim is under California’s age of consent, he or she cannot legally consent to sexual intercourse. Statutory rape can be charged as a felony or...

Is There a Statute of Limitations on a Wrongf...

When a person is killed by the careless actions of another individual, the victim’s surviving loved ones can pursue compensation by filing a wrongful death lawsuit. However, the plaintiffs must obey a deadline called the “statute of limitations,” or they will...

When Can You Get Compensated for Pain and Suf...

A serious accident can have many negative effects on the victim.  In addition to suffering huge financial losses from medical bills, missed time at work, and potentially, a reduced ability to earn income, accident victims also endure terrible pain and suffering from...

What Are the Different Types of Damages Avail...

When a person is injured in California due to the negligent or careless acts of an individual or company, the injury victim (called the “plaintiff”) may have a cause of action, or legal justification, to sue the negligent party (called the “defendant”).  If the...

Will I Have to Go to Trial to Get Compensated...

You’ve recently been in a car accident in Ventura.  Often fatigued and in pain because of your injuries, you’re worried about how you’re going to pay for your medical bills – but you’re also not very enthusiastic about the idea of going through a contentious,...

What is the Punishment for Resisting Arrest i...

Earlier this month, 20-year-old Ventura resident Juan Plascencia was charged with felony resisting arrest after allegedly punching a police officer during a pursuit on foot through the campus of St. Bonaventure High School.  When the officer caught up to Plascencia...

Over 160 Arrested in California ICE “Surge,...

Just over 160 people were arrested by U.S. Immigration and Customs Enforcement (ICE) officers over a five-day “surge” focused on counties in Southern California, including Ventura County and Santa Barbara County.  Virtually every individual arrested had a record of...

How Prop 64 Affects California Marijuana Laws...

If you’re a regular reader of our legal blog, you may recall that, back in November, we published an article discussing how Proposition 64 – otherwise known as the Adult Use of Marijuana Act – would affect inmates who were previously sentenced to jail or prison for...

New Year Begins with Fatal Oxnard Car Acciden...

2017 got off to a tragic start in Oxnard, California, where a 27-year-old victim was killed in a fatal car accident just days after New Year’s.  Our Ventura car accident lawyers report more on the story.   One Death, Multiple Injuries in Oxnard Collision with...

What to Do if Your Son or Daughter Was Arrest...

Being arrested is an intimidating and nerve-wracking experience, even for adults.  For teenagers, who are considered juveniles if under the age of 18, the process is even more frightening and stressful.  The anxiety and fear is even worse when juveniles and their...

Bail Bond Companies in Ventura, California...

Bail can be extremely expensive in California, sometimes climbing into the tens of thousands of dollars.  However, if you are unable to afford posting bail for your loved one, you may be able to use a bail bond.  Our Ventura criminal defense attorneys provide...

5 Defense Strategies to Get DUI Charges Dropp...

Whether you call it drunk driving, intoxicated driving, or driving under the influence, DUI is a serious crime to be charged with in California.  If you are convicted, you could be jailed, fined, and deprived of your driver’s license, among other penalties.  A...

When Can You Get Compensated for a Motorcycle...

According to the California Highway Patrol, more than 872,000 motorcycles were registered in California as of 2013, while over 1.3 million people were licensed to operate motorcycles.  Motorcycling is certainly a popular pastime here in the Golden State, whose winding...

How to Reduce Bail in Ventura County

In some cases, a criminal allegation is so serious that the defendant is not entitled to be released on bail.  However, most defendants in California will have the option of posting bail in order to be released from custody.  The bad news is that bail can be extremely...

Final Death Toll Reaches 36 in Tragic Oakland...

Shortly before 11:30 P.M. on the evening of Friday, December 2, a fire broke out at Ghost Ship, an Oakland warehouse used as a communal living space for artists.  Fed by a large amount of wood and flammable debris, the fire, which erupted while Ghost Ship was hosting...

Two Homicides Reported in Ventura, California...

Two men were killed in Ventura in apparently unrelated incidents on Sunday, December 4.  According to police reports, one victim was fatally shot, while the other succumbed to multiple stab wounds.  These incidents are part of a recent surge in homicides in Ventura,...

What is the Statute of Limitations on Product...

In California and throughout the country, personal injury lawsuits are subject to a crucial deadline known as the statute of limitations.  Our Ventura product liability lawyers explain why the statute of limitations is so important, and how it affects you if you were...

How Long is Probation for a First DUI Convict...

When a defendant is convicted of driving under the influence (DUI) for the first time in California, he or she may receive various penalties, including fines, the suspension of his or her driver’s license, and jail time.  The person may also be placed on probation,...

Do You Have to Register as a Sex Offender if ...

California criminal convictions frequently result in the imposition of penalties such as jail or prison time, fines, probation, license suspension, and community service.  However, sex crimes are unique in that, for many offenses, convicted offenders are also required...

What Will Happen to Inmates in Prison for Mar...

On November 8, 2016, you will have the chance to dramatically change marijuana legislation by voting on Proposition 64, which would legalize recreational marijuana in California for adults age 21 and older.  Our Ventura drug crime lawyers explain how Prop 64 could...

Is Pulling a Fire Alarm in California a Crime...

You’ve been tempted, just go ahead and admit it.  We all have, even on a lark or as a dare.  My thoughts have always been, Hmm, I wonder if this really works; I’ve been looking at this thing for years and haven’t heard it go off once – how do I know it’s working? ...

How to Get Your Property Back from the Police...

Was your personal property seized by the Oxnard Police Department, the Ventura Police Department, or another police department in California?  If so, you may be able to get the seized property back.  However, in order to do so effectively, you must know if your...

What Happens if You Can’t Pay Restitution i...

Everyone knows you can be sentenced to jail or prison if you are convicted of committing a crime.  Many people are also aware that you can be required to pay fines.  However, in addition to your criminal fines, you can also be required to pay restitution, or...

What does Negligence Mean in a Personal Injur...

An attorney accuses a driver of being negligent when the driver ran into the client’s rear bumper.  But what does the word “negligence,” which so frequently arises in personal injury cases, actually mean?  In short, it is a manner in which we can describe and...

What are the Defenses to a Charge of Possessi...

Possession of alcohol on a beach or elsewhere may be prohibited by law. Depending on where you are, the law may actually be referred to as an “open container” violation.  If you have been charged with public intoxication, public possession of alcohol, or other...

What Happens If You Accidentally Clicked On A...

Cal. Penal Code § 311.11 relates that in California, any person who knowingly possesses any material involving the use of a person under 18 years of age, knowing that the matter depicts a person under 18 years of age personally engaging in or simulating sexual...

How California’s Gang Enhancement Law Affec...

According to the FBI’s 2011 National Gang Threat Assessment, “[T]he West and North Central regions [of the United States] — particularly Arizona, California, and Illinois — boast the highest number of gang members.”  Additionally, certain areas of California and other...

7 Steps to Take After You Have Been the Victi...

A California hit and run accident can leave you feeling lost and hopeless, especially if you or a loved one suffered serious injuries as a result.  However, with help from an experienced Ventura car accident lawyer, you may be able to recover compensation for your...

Which California Criminal Offenses Are Consid...

There is a common misconception that domestic violence (DV) is a specific crime, like robbery, manslaughter, or sexual assault.  In fact, the term “domestic violence” has a broad meaning and includes many different criminal offenses under California law.  When a crime...

How Many Car Crashes Are Caused by Drunk Driv...

Whether you refer to it as drunk driving, intoxicated driving, or driving under the influence, driving while impaired by drugs or alcohol is both illegal and extremely dangerous, not only for the intoxicated driver and their passengers, but also for the motorists...

Upcoming California Ballot Initiatives that A...

California ballot propositions allow voters to make their voices heard on a variety of legal and social issues.  Several rapidly upcoming propositions, which Californians will vote on this November, deal with the criminal justice system, and therefore have a direct...

How Does Ventura County Rank for Auto, Pedest...

The California Office of Traffic Safety (OTS) tracks vehicular accidents throughout the state.  But the OTS doesn’t merely compile accident statistics – it also scores each of California’s counties and cities based on how frequently people are injured or killed in...

CWL Calls for Action to Provide Judges Implic...

CWL has written an open letter to the Judicial Council calling for action in providing implicit bias training to all sitting judges in California to include information about victims of sexual assault, domestic violence, and human trafficking, to ensure gender...

Who is Liable for My Elderly Parent’s Accid...

Accidental falls are very common, causing millions of injuries every year throughout the United States.  While anyone can have a slip and fall accident, elderly adults are at heightened risk due to age-associated health factors such as muscle weakness, poor eyesight,...

What Are the Most Common Causes of Burn Injur...

The Alisa Ann Ruch Burn Foundation (AARBF) is a California non-profit  organization that works with doctors and firefighters to help prevent burns and improve the quality of burn patients’ lives.  Data gathered by the AARBF and other organizations helps shed light on...

How Safe is Ventura County for Motorcyclists ...

With nearly 840,000 residents, Ventura County is the twelfth-most populous county in California.  Due to its large population and proximity to major urban hubs like Los Angeles and Santa Monica, Ventura County has some of the state’s most congested and dangerous roads...

What to Do After a Family Member is Killed in...

This article will help you understand what steps you should take in order to begin preparing for a wrongful death lawsuit after losing a spouse or family member to a fatal motorcycle crash in California.  However, for personalized legal guidance, you should speak with...

Does Being Arrested Mean You Have Been Charge...

Over a million people are arrested every year in California.  However, not all of these people go on to be charged with crimes.  While the terms “arrested” and “charged” are sometimes used interchangeably, being arrested does not necessarily mean that the person has...

How to Bail Someone Out of Ventura County Pre...

If one of your loved ones was recently arrested and is now in custody at the Ventura County Pre-Trial Detention Facility, contact our Ventura County drug possession lawyers right away for a free consultation.  We may be able to help with bail-related matters while...

What to Expect at Your Arraignment Hearing in...

Movies and TV shows tend to focus on the trial stage of the court process, but in reality, many California criminal cases never make it to trial.  There are actually several hearings which precede trial, with one of the earliest and most critical being the...

Reasons Why Criminal Charges Would Be Dropped...

As any experienced Ventura criminal defense attorney can tell you, many criminal cases in California (and nationwide) never make it to the trial stage.  There are numerous reasons criminal charges might not reach trial, such as being dropped or dismissed beforehand. ...

Ron Bamieh Has Been Nominated and Accepted as...

The American Institute of Criminal Law Attorneys has recognized the exceptional performance of Illinois California’s Criminal Law Attorney Ron Bamieh as 3 Years 10 Best Criminal Law Attorneys for Client Satisfaction. The American Institute of Criminal Law Attorneys is...

Should I Take a Field Sobriety Test?

No. You have the right to refuse to take any of the field sobriety tests because they may be used against you in court. If you are pulled over on suspicion of drunk driving in California, politely decline to take the tests.

Should I Plead Guilty or Not Guilty?

This question is case specific and can only be answered by a lawyer who has reviewed your case in detail to the point where he or she can form an opinion. Depending on the specifics of the case, both pleas can be good decision or very bad decision.

How Are Criminal Offenses Classified Under Ca...

Like other states, California separates criminal offenses into several different categories. The broadest distinction is between misdemeanors, which are lesser offenses, and felonies, which are more serious.  Offenses may be further classified as violent or...

Do I Need a Lawyer?

If you have been charged with a crime in California, it is vitally important that you are represented by a skilled Ventura County criminal defense attorney who has experience handling the charges against you.  A criminal conviction can result in costly fines, years of...

Are There Free Resources if I Cannot Afford a...

Yes. If you qualify in terms of income, you can obtain the services of a public defender. A public defender is usually an experienced criminal lawyer who works for the county or state. They represent people who cannot afford to hire their own lawyer. Public defenders...

Are My Court Records Public?

Yes, they are public. Everything that happens in open court is made part of a public record. The question is, will anybody care enough to find it?

Will My Lost Earnings be Recovered?

If you have to miss work because of an injury caused by someone else, your past and future lost income are damages available for recovery.

How Do I know if I Have a Case?

If you sustain an injury from an accident that was not your fault, consult with an attorney skilled in the area of personal injury. They will be able to tell you whether or not you have a case. Typically, most lawyers look for three things: Liability (whose fault was...

Personal Injury Q&A

Find Educated Answers to Your Questions The field of personal injury can be complex and confusing. It is not always easy to determine whether or not you have a valid claim, or to understand which parties you can seek to hold accountable. Our team of Ventura personal...

How To Hire a Lawyer

Hiring a Lawyer Hiring the right lawyer is one of the most difficult and one of the most important decisions anyone may have to make. It could also be a life-changing decision. Ron Bamieh’s hope is that, after reading this book, consumers will be more critical,...

What Are the Minimum Auto Insurance Requireme...

Like most states, California requires motorists to carry certain coverage levels of auto insurance.  If you drive without insurance, you risk costly fines, impoundment of your vehicle, and other serious consequences.  Furthermore, you may be forced to pay huge...

How to Reinstate a Suspended California Drive...

Along with jail time and heavy fines, an intoxicated driving conviction in California can result in the suspension of your driver’s license.  The suspension period depends on factors like whether you were of legal drinking age, and whether you submitted to a...

What Are the Criminal Penalties for a First O...

Some states call it DWI, or “driving while intoxicated.”  Others, like California, use the acronym DUI for “driving under the influence.”  Whichever term you use, the bottom line remains the same: drugged or drunk driving in California is a crime.  Even for a first...

Can You Get Compensated for a Car Accident Wh...

Like most states, California follows a “fault” insurance system.  When a car accident occurs, the injured driver may be able to get compensated by making a third-party insurance claim against the at-fault driver’s insurer.  But what happens if both drivers share some...

Personal Injury Glossary

Personal Injury Terms The following terms are commonly used in personal injury cases. It is important for you to be well informed during your case and to understand the implications of various legal terms. Contact our staff and personal injury lawyers in Ventura if...

Preparing To Meet With Your Personal Injury A...

Be Prepared for Your Ventura Personal Injury Consultation When you set up a meeting with one of our Ventura personal injury lawyers, we advise you to come prepared. The initial consultation is a sort of interview process. We are interviewing you to see if your case is...

What To Expect In A Personal Injury Lawsuit...

Personal Injury Lawsuits Personal injury claims take a lot of effort and a significant amount of drive to handle. If you decide to pursue a personal injury lawsuit, we suggest that you first consider the commitment. Our legal team has handled thousands of cases and we...

Unexpected Twist In Chappell/Prewitt Vehicula...

I have been practicing law for almost 23 years. I have been a part of thousands of cases and have seen harsh, ugly, and bitter things in the courtroom. However, once in a while I witness something that inspires me and reminds me of what is truly important. I...

Metrolink Train Derailment: The arrest of Jos...

We have established that Mr. Ramirez was driving his company’s truck and trailer, owned by The Grower’s Company, Inc., in Oxnard this morning when the truck became entangled and unable to move off the railroad tracks. The truck and trailer were somehow stuck. An...

Al Rodriguez Prosecution Due to Local Labor U...

Santa Barbara, CA January 16, 2015 —The District Attorney has capitulated to several years of pressure from labor unions in deciding to file charges against Al Rodriguez’s business, United Seal Coating. The unions have long complained about Mr. Rodriguez’s...

How to Get Money After Being Injured in a Cal...

Let’s say are out and about driving in Ventura. You are stopped behind a left turning car from Thompson Boulevard onto Fir Street. You admire the beautiful red brick building on the corner. Suddenly, your car is rear ended. “Ouch,” you say as you...

Prop 65

Have you ever seen those little blue warning placards that say, “WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm”? These warning signs exist because of Proposition 65...

“Shedding Light on Ignorance” ...

In a recent status update on Facebook, Attorney Ron Bamieh shared his successful defense of a man who was wrongfully accused of and charged with dog fighting when four pit bull mixes broke out fighting in his backyard. The Santa Paula Police Department (SPPD) went to...

My Thoughts on the Death Penalty

In March of 2000, I argued to impose the death penalty on Justin Merriman. Mr. Merriman had killed a 19 year old student, raped at least five women, and terrorized Ventura with his skinhead gang. There was no doubt in mind as to Mr. Merriman’s guilt and no doubt...

Historic Courthouses

Ron and I had the pleasure of representing clients at the Santa Clara County Superior Court, at the ‘Old Courthouse’ in downtown San Jose. I like old buildings in general, but I find old courthouses mesmerizing. The ‘Old Courthouse’ in San Jose...

Understanding Restraining Orders

A woman called me last week with the following message: “Mr. Bamieh, I was at the store and my ex-boyfriend was there. I saw him giving me a dirty look for, like, 10 minutes. I need a restraining order because he’s stalking me.” Although this person...

Post Conviction Relief

Clients who have been convicted or are facing criminal charges frequently ask about their record. People want to know what will show up on their “record” and how they can clean it up. They assume there is a file in some government agency that lists their...

So You Want To Sue Someone? 7 Reasons Not To...

People never run out of reasons to sue one another. Over the years, I have determined the types of cases people should not pursue. Some of the best advice we give prospective clients is telling them why they should not engage in litigation. Seven reasons why you...