Wrongful Death Lawsuits: Understanding the Rights of a Parent Under California State Law

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The death of a child can be one of the most excruciating experiences any person can undergo. The pain and heartache can be even greater when the unexpected death was caused by the negligence of another party. In the State of California, negligence refers to the carelessness or irresponsible acts of another party. When a person’s death has been caused by negligence, this is legally referred to as wrongful death. In the State of California, only certain individuals are legally able to bring forth a wrongful death claim against the negligent party. One party who is legally allowed to bring a claim forward is the victim’s parents. The parents of the victim, therefore, have a legal standing to sue the responsible party for the untimely death of the victim.

Defining Wrongful Death Cases

A person can become a victim of a wrongful death through various scenarios. The following is a limited list of some most common scenarios that could bring forward a wrongful death claim:

An automobile accidents caused by the carelessness of a drunk driver;
A roadway accident caused by a dangerously designed road;
A defective product that caused the injury of a person that lead to the person’s death;
A carelessly maintained stairway that lead to a person’s death; or
A medical malpractice injury that lead to a person’s death.

As previously mentioned, the list contains some of the most common wrongful death claims. If you have lost a loved one due to the negligence of another party, consider speaking to an attorney who is experienced in wrongful death law. An attorney with the right experience will understand the applicable California laws that can help to protect your rights.

The Legal Rights of a Parent

Wrongful death laws will be different across state lines. Under California law, a parent can generally pursue a lawsuit if the following apply:

The victim had no surviving children, even if the victim has a surviving spouse; or
The parent was financially dependent on the victim.

It is important to recognize that in the State of California and under most cases, a victim’s parent has two years from the date in which the death occurred that he or she has the ability to file a wrongful death claim. The parent could have up to three years from the time of the death if the untimely death was caused by the result of a medical malpractice.

Obtain Legal Support

If you or someone you know has suffered the death of a child by cause of someone else’s carelessness, it is important to consider speaking to a qualified attorney. In wrongful death claims, time is of the essence; it is crucial to seek legal support as soon as possible. A competent attorney will champion for your rights and ensure that your claim is processed in a timely manner.

The attorneys at Moga Law Firm are dedicated to helping those who have suffered the loss of a child due to a wrongful death injury. Finding the right support for your claim is important. The attorneys at the Moga Law Firm are committed to protecting the legal rights of their clients. Speak to an attorney who will champion for your rights.

Crimes and Consequences: Felonies & Misdemeanors

By

Crista Haynes

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Not every crime is equal when we consider their consequences. Some are more detrimental to society as a whole, like mass shootings or a terrorist attack. Others are relatively minor by comparison in terms of their effects, such as DUI or retail theft. This is why crimes are often divided into different categories to expedite criminal proceedings and ensure that people are punished according to the severity of their offense.

2 Main Categories of Criminal Offenses:

Felonies

Crimes of a serious nature are tried as felonies where a conviction results in harsh punishments with fewer options of bail for the defendant. Felonies are divided into four classes 1 – 4, A – D. Some states identify different classes like Missouri that has a “class E” to address habitual DWI offenders, or Illinois with a fifth “class X” that is reserved for the most severe of punishments. Additionally, some states refer to different classes of crimes as different “levels” and Texas classifies some felonies as “state jail felonies”.

For each class of felony there is a minimum and maximum term of punishment that can be imposed by the court. For example a charge of armed burglary may be tried as a Class 2 felony for some states. It usually has a term of 3 – 10 years in prison which means that the judge must sentence the defendant to a minimum of 3 years in case of conviction. The judge may not impose a punishment of more than 10 years for defendant if the charges against him/her are proved in court.

Class X felony is reserved for first and second degree murder charges in Illinois, reckless homicide or crimes of violent and sexual nature against children. For Class X felonies, punishment terms are usually from 6 – 30 years or life imprisonment. States with capital punishments may also sentence the defendant with the death penalty.

Misdemeanors

Misdemeanors are relatively minor crimes that do not result in significant damage to a person or the state. For most states, misdemeanors are categorized as Class A, B or C. The maximum punishment under a misdemeanor conviction is one year in prison. The defendant can usually avail probation where they do not have to spend any time in jail.
Misdemeanor charges are usually brought against defendants for non-violent offenses, such as retail theft, assault without battery or damage to a property that does not cause injury to anyone.

Common Misdemeanors

Since misdemeanors are usually the least impactful in terms of criminal prosecution and victim impact, they are also the most common in terms of arrest rates. Some states escalate misdemeanors if the accused has been charged and convicted multiple times for the same, or similar offense (also known as an “habitual offender”). In these situations a misdemeanor may require the maximum consequence by law if convicted, or be converted into a felony.

Petty theft
Prostitution
Public intoxication
Simple assault
Disorderly conduct
Trespassing
Vandalism
Reckless driving
Possession of cannabis

Probation and Parole

People who are familiar with criminal proceedings may have heard of the terms probation and parole. These are special procedures that allow convicts to avoid jail time and get supervision instead of getting incarcerated.

A defendant who has been convicted by the court for an offense may request probation through his/her lawyer. If the request is granted by the court, the person is put under the supervision of a probationary officer and sent back to live in their community.

Parole is applicable in cases where the convicted person has already served a portion of their punishment in jail. Apart from severe felonies, the majority of punishments are subject to parole after the inmate has served 50% – 85% of his/her sentence.

Actions to Take In Case of Criminal Charges

If you have been charged with a felony or misdemeanor offense, the first thing you should consider doing is enforcing your Fifth Amendment “right to remain silent” and refuse to give any statement to a law enforcing agency until you’d consulted with an experienced criminal defense lawyer. The Fifth Amendment protects citizens from giving testimony against themselves and every arrested person has the right to remain silent.

What is Embezzlement and What are The Penalties in California?

By

Donald Hammond

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Embezzlement is one of the most reported crimes in the U.S. legal system. According to a Hiscox Embezzlement Study, embezzlement represented almost 69% of all federal cases in America. Moreover, one out of every three thefts perpetrated by employees involved organizations in financial services or non-profit industries. The report also revealed that[surprisingly], women commit 5% more embezzlement activities than men. However, the most shocking revelation was the losses thought to be a result of embezzlement schemes. According to the 2015 Hiscox report, embezzlement leads to average counted losses of $809,000 per case; however, most of these range between $200,000 and $300,000.

Unless you work in the corporate world, these figures should not surprise you. Corporations tend to make so much money that some of the embezzled funds go unnoticed. This fact does not mean that embezzlement does not occur in other sectors. The scope of the criminal activity is vast, and all depends on several factors at play. But first, we should adequately understand what embezzlement entails.

Embezzlement means the misappropriation of funds or property belonging to another person by a trustee (HS 503). If an individual seeks out another to use or manage funds or property in a certain way, a trusting relationship is created. Breaking this trust by using the property or money in a way other than its intended use is the act of embezzling. We trust people with a lot of things. For instance, we trust valets with our cars, project managers with our donations, and accountants with our money. The list is endless but the rationale remains the same. This brings to light the three main elements of embezzlement.

The Elements of Trust

A trusting relationship is formed when one entrusts another with their money or property. When you are given funds or property to use in a certain way, make sure you handle money or property according to the agreed terms.

The Element of Fraud

To be convicted of embezzlement, prosecutors must prove in court that you used the money fraudulently for personal means or caused damage or loss. A loss is any breach of trust by taking advantage of the proprietor’s money to benefit oneself.

The Element of Intent to Deprive the Owner of its Use

This third element is, often, the most crucial factor in determining whether a crime has been committed in all cases. To prove intent, prosecutors must show that the accused person used the property or money to benefit/ enrich themselves or deprive the proprietor of its use.

Punishment for Embezzlement

The California Penal Code clearly outlines embezzlement and its penalties. Generally, the sentence will depend on two main factors: the value of the property and specific facts of the case. Embezzlement can be charged as either grand theft or petty theft depending on the value of the property. The penalties of embezzlement can classify as either a misdemeanor or a felony. This all depends on one’s history and the circumstances of a case.

Grand theft charges arise when the amount in question or the value of the property is more than $950. The present market value determines the value of the property at the time of the offense rather than the initial purchasing price. Grand theft embezzlement is charged as a felony or a misdemeanor depending on one’s history and the case. The penalties also vary according to the court’s overall analysis.

Misdemeanor	Felony
Summary Probation	Formal Probation
Up to 12 months in a county Jail	16 months, 2-3 years in a county Jail
Up to $1,000 in fines	Up to $10,000 in fines

On the other hand, petty theft involves the misappropriation of funds which are less than $950 in value. Readers should note that a series of petty thefts over a specified period may fall under the category of grand theft. For instance, if one steals multiple items many times within a 12 month period, and the total value of all the cases is $950 or higher, this constitutes a grand theft case under the Penal Code 489. Petty theft only warrants a maximum sentence of 6 months in county jail and a maximum fine of $1,000. If the amount in question is less than $50, the charge reduces to an infraction, which warrants a maximum penalty of $250.

White collar crimes are increasingly rampant in the U.S. and most go unreported. However, in the unlikely event you’re charged with embezzlement, Don Hammond is the perfect criminal attorney to approach. Many people will exaggerate the value of their property in the hopes of seeking higher penalties from the court, but Don Hammond at 323-529-3660 can help you determine the actual value of the property and explore possible legal defenses to the charge. Remember, it is your right to seek legal counsel and defend yourself to the best of your ability.

What Makes a Great DUI Attorney?

By

Donald Hammond

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According to the California Department of Motor Vehicles, the state registers more than 172,893 DUI arrests every year. Out of these, about 133,525 get convicted following an arrest. This translates to about a 73.7% DUI conviction rate. In other words, if you find yourself arrested for DUI, there is a 73.7% chance that a superior court will find you guilty on one or several counts. But what about the 26.3%? How did they manage to escape conviction? The answer lies in their choice of a DUI attorney. A qualified and brave DUI attorney is your best shot for winning your case. Here are five qualities that make a great DUI attorney.

An Attorney Should Come Recommended

When looking for the best DUI attorney, you should start by seeking out recommendations. It would not hurt to ask around among your close friends and colleagues who have been in similar situations. A close friend or colleague could offer information about an attorney they hired and the outcome of their situation. If you do not want to ask your friends or family for a recommendation, be sure to ask the attorney that you hire for past client references, who may be willing to speak with you.

Consider the Attorney’s Qualifications

Just like every other profession, there are outstanding attorneys and there are not so great ones. A critical difference between the two lies in their qualifications. Are they licensed? Are they registered on the State Bar website? How much experience do they have as a DUI attorney? How many DUI cases have they handled successfully? Do they have any experience in a DUI case that is similar to yours? What happened in this case? These are some of the essential questions that you should ask before choosing an attorney.

You should select an attorney who has extensive knowledge and experience in the DUI field specifically. While other attorneys can still handle your case, a DUI attorney is the best option because they have more in-depth knowledge and understanding of California DUI laws, and the possible defenses.

Another crucial matter to consider is the attorney’s reputation and ethical footprint. This includes whether the attorney has had any disciplinary actions taken against them. They may not reveal this, but the State Bar website is available to the public for doing a brief check on an attorney.

A Great Attorney Does Not Form any Preconceived Notions

A reasonable attorney is driven by his legal and constitutional obligation to win the case or come to the best possible outcome, whether or not they believe that you are guilty. They typically work from the phrase “Innocent until proven guilty.” While the attorney may ask about any prior convictions, their primary duty is to work their way around the current problem. In line with this, a great DUI attorney will not accept the prosecutor’s or police statements without collecting evidence (or conducting Discovery) for more information. A competent attorney will protect your constitutional rights. For example, an attorney will always remind you to exercise and uphold the Fifth Amendment, that is, the right to remain silent and the right to an attorney, as your fundamental constitutional right.

Stellar Investigative/Research Skills

This is possibly the most essential quality that a brilliant attorney should have. Their research skills should be at par or better than police work. This is what makes the most significant difference between successful attorneys and haphazard lawyers. At any given point, the prosecutor and the police will have incriminating evidence against you. Attorneys should conduct in-depth research for your case to find out missing information that can help your case. Research can include anything around your DUI: from social media communications to what you ate for breakfast. They will make every possible attempt to try and find out exactly what occurred and how to use this to your advantage in court. At the end of the day, an experienced DUI attorney knows that the evidence they have (or don’t have) will determine the success or failure of your case.

Superb Negotiation Skills

Coupled with great investigative skills, a great DUI lawyer should be a strong negotiator. Negotiation is more than just begging for a reprieve. While negotiating for your penance, there are two things that an attorney should consider: what you deserve as per your offense and your likelihood of a conviction. This is why a responsible attorney will ask you to remain transparent with him at all times and divulge all the minor details around the DUI incident. By doing this, the attorney can highlight the prosecutor’s weaknesses and the flaws in their case against you. With all of these strategic tools, your attorney can argue on the best possible outcome.

If you ever find yourself accused of a DUI offense in California, contact Don Hammond at 323-529-3660 for a free consultation on your case. He is devoted to his clients’ success inside and outside of the courtroom. Moreover, he has extensive experience as not just a criminal defense attorney, but also as a DUI attorney with dozens of happy DUI clients each year.

Are Lyft and Uber decreasing DUI Arrest Rates in the US?

By

Donald Hammond

0

Transportation Networking companies (TNCs) are one of the major highlights of technological innovations in the 21^st century. Specifically, ride-sharing services such as Uber and Lyft have altered the transport industry with efficiency in operation and costs. The transport industry realized a boom in ride-sharing services more than a decade ago when firms like Uber set out to improve the availability of transport services to the public.

Over the years, TNCs grew to become multinational corporations operating in several countries. For example, Uber serves more than 850 metropolitan areas. Companies like Uber rake in more than $10 billion in revenues every year. The company also reports continued growth every year despite high competition in the market. With such a vast market base, several individuals and research companies have attempted to draw conclusions about the economic, social, and broader impacts of ride-sharing companies. The most important question we want answered? Have ride-sharing corporations had a significant impact on decreasing the DUI (driving under the influence) arrests within the US?

According to the National Highway Traffic Safety Administration (NHTSA), about 29 people die in the US as a result of drunk driving every single day. Annually, this figure translates to more than 10,000 people per the 2016 report on road fatalities. These losses cost the nation about $44 billion. The CDC also reported the number of arrests in the US as a result of driving under the influence (DUI) of alcohol or any other narcotics totaling to over 1 million every year. One of the major pitches that TNCs make is that ride-sharing will inevitably reduce these figures and make roads much safer, but has it?

Various research studies carried out within the US showed a positive outlook on the impact of ride-sharing services on the road safety. According to a research study conducted by Moll Law Group, the findings revealed that using ride-sharing services within the US has reduced the number of DUI arrests by more than 13% in several states. The firm sampled 10 major metropolitan areas across the country. The DUI arrest data from two years prior to Uber’s launch was compared to figures of the average DUI arrests in subsequent years after the launch. See the data below.

City	Average DUI arrests 2 years before launch of Uber	Average DUI arrests after launch of Uber	Percentage change
San Francisco	495	425	-14.14%
Chicago	4,018	3284	-18.27%
Seattle	1,079	779	-27.8%
Denver	3,400	2,758	-18.88%
Philadelphia	15,594	12,921	-17.14%
San Diego	3,870	2,624	-32.2%
Sacramento	1,492	1,102	-26.14%
San Jose	1,347	976	-27.54%
Los Angeles	8,148	6,994	-14.16%
Las Vegas	4,859	3,056	-37.11%

Another study conducted by the Western Carolina University revealed similar results in several counties across the US. The research found that there was a general decline in DUI arrests over time. Moreover, the study highlighted that the longer Uber functions in a given area, the larger the decline in DUI arrests. Finally, the study found that Uber operations within a region for more than 4 years resulted in a general decline of fatal crashes ranging from 17%-40%.

Despite strong evidence suggesting that ride-sharing services offer safer transportation, critics argue that such services pose other concerns. One such concern is that ride-sharing services are mostly unregulated unlike other regular taxi companies, which leads to other challenges. Many individuals feel that the lack of regulation generally threatens the safety of the consumers as it leaves them open to violent crimes like assault. Perhaps once the administration manages to address these concerns will ride-sharing become the utopia of the transportation sector.

If you find yourself in DUI trouble despite the availability to ridesharing apps, contact Don Hammond at 323-529-3660 or a reputable DUI attorney who can help you lower or eliminate your sentence in court. This is important, as you may not know a lot of the legal avenues by which an attorney can help reduce or eliminate your sentence. You can request to meet with the attorney before committing to using their services. Most attorneys offer a free consultation. Make sure to select a competent attorney who has positive reviews and a good idea on how to handle your case to lower or eliminate your sentence.

Holiday Season Driver Safety Tips Every Parent Must Read

By

Scott Distasio

0

The holiday season is upon us, and we are all a little crazed with shopping lists, gift ideas, Pinning recipes and crafts, and excited kids. Traffic around shopping centers and in our communities will increase with the shopping sales and promotions, and this is a great time to go over some basic safety tips for everyone in the family.

We’re all affected by holiday drivers. Whether you’re on the regular gift run, picking kids up from school, or merely going to work when school is in session – you’re part of the traffic pattern. And, no matter what the age of your child, they’re either walking or biking to school, riding buses, riding with you, or just dealing with extra traffic around the holidays – so, safety is essential.

It’s easy to reduce transportation anxiety with some simple tips.

If your family walks or bikes to school…

Practice the rules. Remember learning to look left, right and left again for street crossings? Make sure your child – and you, too – always do this, and remember to keep looking while you’re crossing. Locate crosswalks, and use them. Always stop before entering an intersection on a bike. If it’s a new neighborhood, take a practice run before school starts, and talk about these safety rules. You’ll both feel more confident during the holidays.

Reduce the risk of being injured further by previewing the route your kids will take and check for safety issues like blind corners and hidden stop signs.

Now is a great time to talk about the danger of being distracted when traffic is involved. Headphones and mobile phones don’t make for the sharpest walkers and riders.

If you’ve ever snuck up on your kids when they were wearing headphones, it’s an easy way to point out how easily a car could do the same thing, with harmful or fatal results. After all, the Center for Disease Control reports pedestrians to account for one of every five children under the age of 15 who were car crash fatalities.

Lastly, light colors and reflectors on clothing or backpacks are helpful for visibility, especially as the days get shorter after Daylight Savings Time.

Children on bikes should always wear a helmet that fits. Check it often. Before school starts, make sure their bike has good brakes, tires and no other issues. Check the seat and handlebar height, and make sure they can reach each safely, especially if they’re inheriting the bike from an older sibling.

If you’re driving…

Don’t let shopping centers surprise you! Be especially aware of crosswalks, children, and speed zones this time of year. It’s easy to forget how hectic traffic is after you’ve been in a reprieve from it all year.

Respect the fast lane. Leave a generous distance between you and the cars around you, to allow ample space for last minute turn decisions. Give moving cars and busses room to surprise you. Defensive driving is the best defense against an accident.

Let the crosswalks work as they’re intended to. Stay back from them, don’t roll forward, honk, or pass other cars. Not every crosswalk will have a traffic light, especially as you move further away from populated areas. Be the good guy, and set the example for others.

Give bicyclists plenty of room, and reduce your speed when approaching them. If you’re parking, adopt the “Dutch Reach.” By simply using your far hand to open your car door, you’ll encourage yourself to turn and look for cyclists and even pedestrians coming up behind you, preventing a leading cause of accidents and fatalities.

If your teenagers are driving…

Make sure seatbelts are mandatory for both them and any passenger in their vehicle.

Motor vehicle crashes are the leading cause of death in adolescents, and drivers aged 16–19 are the most likely to die in distracted driving crashes. Even if your state hasn’t enacted a law about use of mobile phones while driving, it’s something you should make rules about as a parent.

Talk to your whole family about being prepared. Make sure drivers know where the insurance and registration papers are located in each vehicle. And, if there is an injury because of another driver’s negligence, know your rights. Contact your insurance agency promptly, and be prepared to consult a good accident law firm about your needs. Reviewing holiday season safety is just like the naughty list – check it twice! Start now, and you can worry less later.

2 Main Categories of Criminal Offenses:

Common Misdemeanors

Probation and Parole

Actions to Take In Case of Criminal Charges

If your family walks or bikes to school…

If you’re driving…

If your teenagers are driving…

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