Bankruptcy is a Tool for San Diego Area Families Looking to Start Anew

Seven years on from the economic crash of 2008, many San Diego area families are still struggling to cope with overwhelming debt and financial obligations. Layoffs, reduced work hours, hospital bills, and the lingering effects of the housing market crash are all factors that can leave one with one’s back to the wall financially. Fortunately, that law has put in place a mechanism to start fresh in terms of debt – bankruptcy. The purpose of the article is to provide San Diegans with information about bankruptcy.  Because there are many myths floating around about bankruptcy, it is important to educate oneself about the subject. For individuals considering bankruptcy, it is wise to speak with an experienced San Diego bankruptcy attorney.

Debunking Myths About Bankruptcy in California

Unfortunately, for individuals and families who might otherwise benefit from bankruptcy, there exists the preconception that one exits the process with zero assets. This is simply not true. In Chapter 7 Bankruptcy, for example, there are many exemptions allowing individuals to keep most, and in some cases all, of their belongings. To say that something is “exempt” from the bankruptcy process is to say that it is excluded from the process. The state of California realizes that it is difficult, if not impossible, to start fresh financially without a car, home, and furniture. As such, the state allows for generous real and property exemptions to ensure that Californians who elect to go through the bankruptcy process are in a genuine position to regroup and find their way to better financial days. Keeping certain real and property items exempt from creditors seeking to reach assets in bankruptcy court may not please creditors, but it does serve the public policy purpose of helping California individuals and families get the fresh financial start they need.

A second myth surrounding bankruptcy is that it is the tool of the weak – that bankruptcy is a way deadbeats and bums cheat the system. This myth – perpetuated by creditors – is simply not true. Sadly, it is this very stigma that prevents deserving California individuals and families from even exploring the possibility of getting the financial fresh start they need. The truth is that every year tens of thousands of people file for bankruptcy in San Diego County alone. These people are not deadbeats or bums – they are ordinary folks who have fallen on hard times financially. Like them, you should not feel that bankruptcy is somehow un-American. California law would not allow for bankruptcy if that was the case.

Finally, there is a misperception that bankruptcy is an arduous, endless process.  This, like the myths debunked above, is not true. Bankruptcy does not have to be difficult or painful. With the help of a skilled and experienced California bankruptcy attorney, Californians in need of a fresh financial start can smoothly navigate the procedures and paperwork required to file for bankruptcy. If you are in financial distress, don’t hesitate to contact a skilled and experienced San Diego bankruptcy attorney.

Serious Consequences Arising From an Underage DUI Conviction in California

Drinking and driving is taken very seriously be the state of California. A DUI conviction can bring fines, loss or restriction of driving privileges, court-ordered alcohol and substance abuse counseling, the installation of an ignition interlock device in one’s vehicle, community service, reputational damage, and even jail time – and that is if you are 21 years of age or older. For individuals under the age of 21 charged with DUI in California, the consequences can be even worse. This reason for this is obvious: underage persons are prohibited from consuming any alcohol. As such, the state does not look kindly on underage persons who elect to both consume alcohol AND drive. Individuals charged with the serious offense of underage DUI should speak with a skilled and experience California DUI attorney about protecting their rights.

0.08% for Adults, 0.01% for Minors

DUI, which stands for driving under the influence, is gauged in terms of Blood Alcohol Content (BAC).  For adults, the threshold between permissible and impermissible alcohol content is 0.08%. For minors, on other hand, any detectable alcohol in the system is grounds for a charge of DUI. Thus, even a 0.01% BAC test result may result in a DUI charge. This is the case even if the influence of alcohol did not actually result in any impairment. This strict approach reflects California’s “Zero Tolerance” policy concerning underage drinking and driving.

What to Expect From a Conviction for Underage DUI in California

Even for a low level BAC test result in which there was no impairment, accident, criminal history, or other aggravating factor, an underage DUI may result in a one-year driver’s license suspension. For a BAC reading consistent with drunkenness and/or the existence of previous traffic and other driving violations, penalties may include fines, court-ordered DUI education, three to five years of probation, and even jail time. The more aggravating factors present, the more penalties. Aggravating factors include the presence of an open container of alcohol in the vehicle, the presence of passengers in the vehicle, and more.

Depending on the circumstances, consequences may come from both the California Department of Motor Vehicles and one of the state’s criminal courts. With regard to a driver’s license suspension, the DMV is the relevant agency. For other penalties, such as fines, jail time, and court-ordered DUI education, the court is the relevant state body.

What to Do if You Have Been Charged With Underage DUI in California

In addition to the criminal penalties, conviction for an underage DUI in California must be reported on college and job applications. This requirement may be the worst punishment of all – the reputational and potential occupational and educational damage – it can snowball into a lifetime of problems. For this reason and for every other reason stated above, it is imperative that you protect your rights when facing an underage DUI charge in California. For your rights and for your future, consult with a skilled and experienced California DUI attorney.

A California DUI Attorney Who Will Personally Oversee Your Case

California is inundated with “mill” and “1-800” DUI law firms. Quantity prevails where quality should.  When you are facing a DUI charge – when your rights are at stake – you need a skilled California DUI attorney that will be personally involved with your case. A DUI conviction can result in fines, jail time, loss of privileges, and reputational damage. With such serious consequences possible and with numerous important deadlines and procedural requirements to comply with, you need an experienced attorney with a strong track record.

DUI Depends on Blood Alcohol Level

DUI stands for driving under the influence. Under California Vehicle Code Section 23152-23229.1, it is illegal for a person who is under the influence of any alcoholic beverage to drive a car, truck, or other vehicle. In California as elsewhere, influence is measured in terms of blood alcohol concentration (BAC).  BAC is most commonly gauged via breathalyzer. The threshold between permissible and impermissible influence of alcohol is 0.08%. In other words, driving with a BAC of 0.08% or higher is grounds for DUI regardless of whether or not the influence resulted in any impairment. One might think, “What right does the state have to submit me to blood, breath, or urine tests?” A reasonable inquiry, surely. In the eyes of California law, you may be surprised to learn that you implicitly consented to such testing the moment you got behind the wheel. As such, a decision to revoke this implied consent may result in a loss of driving privileges. Depending on whether a DUI offense is one’s first, second, third, or more, refusal of testing may result in a driver’s license suspension of 1 – 2 years. Jail time, fines, court-ordered alcohol and substance education, and the installation of an ignition interlock devices are all distinct possibilities, as well.

The Difference Between DUI and “Wet Reckless”

In some DUI-related circumstances, it might be possible to reach a plea bargain agreement with the state’s prosecutor for a conviction of the lesser charge of “wet reckless.” This plea bargain downgrades the charge from drunk driving to reckless driving in exchange for a guilty plea. However, such a deal is contingent upon the absence of aggravating factors. Specifically, a “wet reckless” plea bargain may only be accepted by the state when the BAC is borderline (very close to 0.08%), there was no accident, and the defendant has no prior DUI convictions. The bargain may be unmade by a DUI conviction for a separate incident within 10 years of the “wet reckless” plea. Negotiating a plea bargain for the reduced charge of “wet reckless” requires the skill and expertise of a California DUI attorney.  

If you have been charged with DUI in the San Diego area, reach out to an aggressive, affordable, and skilled DUI lawyer. It is in your interest to mount the strongest defense possible, as well as exploring the possibility of a reduced plea. Time is of the essence with regard to a DUI charge, so do not delay in the protection of your rights.

Help for Wrongful Death Victims in California

A personal injury suffered because of the carelessness, recklessness, or intentionally wrongful act of another can upend one’s life for an extended period of time. The wrongful death of a loved one under such circumstances changes one’s life forever. While nothing can ever bring back your loved one, California’s wrongful death statute provides a means of seeking compensation from the individual, corporation, or institution responsible.

Understanding How California Defines a “Wrongful Death”

In the state of California, a “wrongful death” is a death that is caused by the wrongful act or neglect of another person. In understanding a legal definition, every word matters. By wrongful act, the law means an intentional act – meaning that the action was commenced with at least a basal level of purpose, as opposed to by accident. Neglect is a slightly more broad category; it typically encompasses both negligence and recklessness. Negligence is the breach of duty of care owed that results in damages, and recklessness usually amounts to failing to act like a reasonably prudent person under the circumstances.  If any one of these categories – intentionally wrongful conduct, negligent conduct, reckless conduct – causes the death of another person, a wrongful death claim exists.

Common Circumstances in Which a Wrongful Death May Occur

The circumstances in which a wrongful death may occur are similar to those in which personal injury actions arise. Examples include car accidents, bike accidents, construction site injuries, and slip and fall accidents. What makes the action wrongful death instead of personal injury is the occurrence of a death.  Importantly, the death need not occur at the moment of wrongful conduct, negligence, or recklessness; an injury suffered that later results in death (while in the hospital, for example) may still create a wrongful death action.

Who is Eligible to Bring a Wrongful Death Action

Just as California law governs what constitutes a wrongful death, it controls what persons may bring a wrongful death lawsuit for damages. Obviously, the individual who has suffered the wrongful death cannot bring suit (because he or she is no longer living). Instead, the wrongful death cause of action is said to “survive” the deceased. Under state law, individuals who may bring the surviving action include the decedent’s surviving spouse, domestic partner, or children. “Deceased” and “decedent” are simply legal terms for the individual who is no longer living.

Damages Available in a California Wrongful Death Claim

In a wrongful death claim, damages are measured in terms of financial compensation. In this context, they are meant to compensate surviving family members for the losses they have suffered as a result of the wrongful death. Again, nothing can make up for the loss of companionship of a loved one, but wrongful death damages can account for such things as funeral and burial expenses, medical bills, lost income and financial support, and the value of domestic services. Critically, a wrongful death lawsuit must be filed within two (2) years of the date of death, so it is imperative that individuals surviving the death of a loved one contact an experienced California wrongful death attorney as soon as possible.

A California Civil Suit is an Option for Personal Injury Victims to Obtain Justice

When a loved one is seriously injured or lost as a result of the carelessness or recklessness of another person, corporation, or institution, the whole world appears turned upside down. First, there is the shock, anger, sadness, confusion, and grief. Mentally processing a serious injury or death is difficult and takes time. Along with the emotional ramifications, a deep desire for justice arises. Holding those responsible accountable for their carelessness or recklessness is central to justice. In California, as in every state, accountability, depending on the specific nature of the careless, reckless, or intentionally wrongful act, may be pursued in two contexts – the criminal justice system or the civil justice system. For personal injury or wrongful death victims, pursuing justice in one or both contexts may be a sound course of action.

The Criminal Justice System Holds Wrongdoers Accountable for Their Actions

The criminal justice system, due to its frequent portrayal in film, television, and books, is more familiar to most Americans than its civil counterpart. In the criminal system, an individual is charged with a crime and, if proven guilty, sentenced to punishment by the state.  Punishment is most commonly a combination of fines and/or jail time. If a charge and conviction stemming from causation of an injury or death to another person rising to the level of criminal negligence results, then a critical aspect of justice has been served. But what about the other wrongs and the losses flowing from the serious injury or wrongful death? What about medical bills, lost income due to missed work, loss of enjoyment of life – how does imprisoning or fining a careless, reckless, or intentionally wrongdoing actor account for such losses? The answer is that such concerns are not the province of the criminal justice system. Fortunately, however, there is the civil justice system.

The Civil Justice System Allows Victims to Seek Compensation From Wrongdoers

The civil justice system is separate from the criminal justice system. Its concern is not prison time, fines, or community service. Rather, it exists to provide the victims of careless, reckless, or intentional wrongful acts with a means of being made whole. Specifically, the civil system allows the victims of these acts to seek financial compensation from the individuals responsible for their suffering and losses. Such a mechanism accounts for the fact that a personal injury or wrongful death causes not just pain and grief, but also financial losses in the forms of medical bills, lost income, and sometimes a diminished capacity to work or enjoy life’s customary activities.  

If you or a loved one has been seriously injured by the wrongful actions of another, or if you have lost a loved one due to those actions, reach out to a skilled and experienced California personal injury attorney about handling your civil case. A skilled attorney will work to obtain compensation from those responsible for your mistreatment.  

Over 200 Immigrants with Criminal Records Face Deportation

Last month, immigration authorities performed a four-day sweep in Southern California, resulting in 244 immigrants with criminal records taken into custody. According to Immigration and Customs Enforcement officials, over half of those taken into custody had at least one felony conviction (generally violent felonies, weapon charges, or sexual abuse charges), and all had been convicted of at least one crime. The rest had multiple misdemeanors. Approximately two-thirds of the immigrants taken into custody were Mexican.

Until the practice was deemed unconstitutional, immigration officials had relied on local prisons to assist with the deportation of immigrants with criminal convictions. Officials would ask prisons to hold the offending immigrants after their sentence had ended so that federal agents could take them into custody and deport them. Last year, a federal judge in Oregon ruled that this practice violates the constitution. Accordingly, California passed a law that protects all immigrants except those with the most serious criminal charges against them.

David Marin, deputy field officer for the immigration agency’s enforcement and removal operations in Southern California explained that “by doing these operations periodically, we show everyone what we can do to make the community safer. Because local law enforcement has not been able to cooperate with us like they used to, they have been releasing criminal aliens into the community, and we have to spend a lot of resources to be able to find them.”

This past summer in California, the debate over deportations of immigrants with criminal records was renewed with the murders of two women. In July, a woman was murdered in San Francisco by an immigrant who had been deported back to Mexico more than once. Also, last month, an illegal immigrant in Santa Maria allegedly raped and beat a woman to death in her home.

Officials justify the sweep and subsequent deportation of immigrants with criminal records by saying that this operation focuses on dangerous members of the community that have been convicted of murder, sexual abuse, or drunk driving. “What we’re doing is targeted enforcement — these are all people who are not only here illegally, but are convicted criminals,” Mr. Marin said. “These are people who are preying on our communities. We’re not just rounding up the lady selling tamales on the corner or the guy standing in front of a Home Depot.”

Those immigrants who have been arrested in the sweep without previous deportations will be entitled to an administrative hearing. Those taken into custody with criminal conviction and previous deportations will most likely be deported quickly.

Contact the Leslie Legal Group

If you or a loved one has questions about immigration law or deportation, it is essential that you retain an experienced attorney as soon as possible. The Leslie Legal Group has extensive experience helping clients. Contact us today for a free consultation.

Criminal Defense Attorney and State Highway Patrol Officers Charged with Criminal Conspiracy

Last month, a California defense attorney and three state highway patrol officers were taken into custody for allegedly having connections with the murder of 26-year old Korey Kauffman in 2012. Kauffman’s body was found 18 months after he disappeared in Mariposa County. He was locally known for “scrapping” (stealing metal to sell). Prominent Modesto, CA criminal defense attorney Frank Carson was the suspected ringleader in an alleged conspiracy. Carson has been described as a “vengeful property owner trying to send a message to people allegedly stealing scrap metal and antiques from his property in Turlock.” On the night of Korey Kauffman’s disappearance, he was heading to steal irrigation pipes from Frank Carson’s property.

“The whole scrapper life, I didn’t approve of it,” Korey Kauffman’s father said of his late son. “You know how fathers are with their sons; we tend to be harder on them. But he chose his own path. He was a good kid with a good heart and he didn’t deserve what he got.”

Nine people were named and arrested in connection with the conspiracy, including Frank Carson, his wife, two business owners in Turlock, and three highway patrol officers. Carson faces potential charges of murder, criminal conspiracy, false imprisonment, solicitation, and lying in wait, which could qualify Carson for the death penalty. Authorities believe that Kauffman’s murder took place on March 30, 2012 in the Turlock area. They believe his body was then hidden in Mariposa County where it was discovered by hunters in August 2013.

The arrest warrant detailing probable cause to arrest Frank Carson described him as an easily angered person, without respect for authority and who hoped “to send a message to thieves targeting his belongings.” Carson had previously accused Korey Kauffman of stealing from his property in Turlock and had previously complained to authorities about Kauffman.

Walter Wells, Scott McFarlane, and Eduardo Quintanar Jr., all California Highway Patrol officers, also face charges connected to this conspiracy. Wells faces charges of murder, conspiracy, and false imprisonment. McFarlane and Quintanar Jr. face potential charges of criminal conspiracy and being an accessory. Wells’ seven years of employment as a highway patrol officer ended in June due to conduct unrelated to these charges. McFarlane and Quintanar Jr. were placed on administrative leave as a result of this investigation. The arrest documents conclude that Korey Kauffman’s body was dumped into the woods by a police car. “I am here saddened by this news. The California Highway Patrol is a very proud organization that values integrity,” Commissioner Joe Farrow said. “To hear news like this is devastating.” Farrow remarked that news of officers’ alleged involvement in a criminal conspiracy has a negative effect on all law enforcement agencies and “rips at the soul of an organization.”

Contact the Leslie Legal Group

If you or a loved one have been treated unfairly by the San Diego Police Department, it is essential that you retain an experienced attorney as soon as possible. The Leslie Legal Group has extensive experience helping clients. Contact us today for a free consultation.

New San Diego Police Training Places Focus on Community Engagement

The latest police academy training class for the San Diego Police Department will be the first to involve training dedicated to community engagement. The San Diego Police Department is encouraging officers to focus on policing the community in a culturally sensitive manner with this revamped training program.

The program is four weeks long and will teach the newly-minted officers ways to plug into the community. For example, they will be visiting various community groups and centers to attend neighborhood meetings and events. The SDPD’s community approach to policing is “about solving problems now that might lead to crime later. It’s more about prevention than response, and to do it well, officers need to work closely with the residents and merchants in their area. In the 1990s, few departments, if any, were better at it than San Diego’s.”

A yearlong audit that ended this past March revealed that community engagement has slipped in San Diego for a number of reasons, including staffing shortages. SDPD Lieutenant Natalie Stone said, “We’re doing some good work here but we’re not the problem solvers we used to be or engaging the community like we used to be.” In response to this slip in community engagement, the department has made a number of changes, notably the overhaul of the training of incoming officers. The SDPD has designed a training program that will immerse the new officers into the community. New Officers will now take part in a month-long observational period with a special focus on community engagement.

Officer Ivan Sablan, a field training coordinator explained that the SDPD is “helping them understand there’s a lot more to being an officer than answering the radio, writing tickets and putting people in jail. It’s about reaching out to the community. That’s part of being a cop, too.”

“It’s certainly good that the department is emphasizing relationships and a closer connection with communities…but I think the value or the impact will depend on what the trainees are doing. What are they observing and to what extent are they engaging community members?” Margaret Dooley- Sammuli, San Diego spokeswoman for the ACLU explained.

SDPD officers are enthusiastic about this new focus on community interaction. Officer Richard Valenzuela, another officer who helps coordinate training, says that people are excited and wondering why they did not focus on community engagement before. As part of the training, the new officers visited the Islamic Center of San Diego, and those involved with the center seem enthusiastic and optimistic about the change. Basheer Yadwi, an education and outreach coordinator at the Islamic Center, is hopeful that with more engagement by officers, the relationship between police and Arab-Americans will improve and will encourage dialogue around important issues, such as racial profiling. “We have a long way to go in terms of having an open dialogue in terms of these issues that are on the back burner. We want to bring them to the front burner, so to speak,” he said.

Contact the Leslie Legal Group

If you or a loved one have been treated unfairly by the San Diego Police Department, it is essential that you retain an experienced attorney as soon as possible. The Leslie Legal Group has extensive experience helping clients. Contact us today for a free consultation.

Auto Accidents In the News: Drunk Driver Flees Crash Scene, Walks to Gas Station

Garrett Gelrud was involved in a deadly crash at approximately 5:30 a.m. on August 6th. He initially fled the scene, but was detained shortly afterwards at a nearby gas station. The California High Patrol evaluated Gelrud for DUI after his vehicle and two others crashed approximately 50 miles from downtown San Diego. The accident occurred southbound on Old Highway 395, south of highway CA-76.

According to California High Patrol Officials, Gelrud was driving his Chevy Suburban heading north on Old Highway 395 when he drove through a curve in the roadway. Simultaneously, Juan Corza Gonzales, a 62-year old man from Escondido was driving his Nissan Versa heading south, and Alfonso Sumano, 56, and his wife Antonia Juarez, 58, both from Escondido, were driving in their Toyota Prius. As Gelrud drove into the curve, his Suburban crossed the yellow lines and crashed into Gonzales’ Nissan head-on. Gonzales was killed as a result of the impact. Sumano saw the crash and applied his brakes to avoid it, but he ended up rear-ending Gonzalez’s Nissan. Sumano and Juarez escaped with minor injuries.

NBC San Diego caught aerial footage of the aftermath of the crash, which showed a white SUV in one lane, a blue car in the middle of the road and the silver car half in the road, half on a rock wall that lines the road. The Nissan (the blue car) was completely destroyed. The other vehicles sustained damage to the front of each.

Gelrud was apprehended just after 6:00 a.m. He was leaving the crash site barefoot. Officials apprehended him at a nearby gas station. He sustained minor injuries. Gelrud will be charged with suspicion of felony DUI, vehicular manslaughter, and felony hit-and-run. The accident is still under investigation.

Contact the Leslie Legal Group

If you or a loved one have been injured or killed in a DUI auto accident, it is essential that you retain an experienced attorney as soon as possible. The Leslie Legal Group has extensive experience helping clients obtain damages in auto accident cases. Contact us today for a free consultation.

Hackers Find Vulnerability In Jeep’s Uconnect System

“I was driving 70 mph on the edge of downtown St. Louis when the exploit began to take hold. Though I hadn’t touched the dashboard, the vents in the Jeep Cherokee started blasting cold air in the maximum setting, chilling the sweat on my back through the in-seat-climate control system. Next the radio switched to the local hip hop station and began blaring Skee-lo at full volume. I spun the control knob left and hit the power button, to no avail. Then the windshield wipers turned on, and wiper fluid blurred the glass.”

Can you imagine something similar happening to you while you drive your car? Andy Greenberg participated in a study in which cybersecurity researchers attempted to find vulnerability in Jeep’s Uconnect system, the computer system inside the vehicle. What’s scary is that they were able to find it and hack into the system.

Security breaches at stores like Target and Home Depot have become commonplace, but now researchers have discovered it is possible for hackers to control individual vehicle computer systems. Charlie Miller and Chris Valasek, cybersecurity researchers, discovered a hacking technique called a “zero-day exploit” that targets Jeep Cherokees and allows the attacker to have wireless control of thousands of cars. The software lets hackers send commands through a laptop to the Jeep’s Uconnect system that can alter steering, music, brakes, transmission, etc.

Such hacking is made possible by the fact that the vast majority of car manufacturers strive to turn vehicles into smartphones and ensure that you are connected at all times. Chrysler’s way of doing this is via the Uconnect system. Uconnect is an internet-connected computer in most Fiat Chrysler vehicles. The system controls entertainment, navigation, phone calls, and includes wi-fi hotspot capability. The system’s connection also allows “anyone who knows the car’s IP address to gain access from anywhere in the country. From an attacker’s perspective, it is a super nice vulnerability.”

Affected Chrysler Vehicles include:

  • 2013-2015 MY Dodge Viper specialty vehicles
  • 2013-2015 Ram 1500, 2500 and 3500 pickups
  • 2013-2015 Ram 3500, 4500, 5500 Chassis Cabs
  • 2014-2015 Jeep Grand Cherokee and Cherokee SUVs
  • 2014-2015 Dodge Durango SUVs
  • 2015 MY Chrysler 200, Chrysler 300 and Dodge Charger sedans
  • 2015 Dodge Challenger sports coupes

Researchers Miller and Valasek have been sharing their research with Chrysler, which has allowed for Chrysler to release a software update in response to the potential threat. Last month, owners of Chrysler vehicles with the Uconnect feature were notified of the update’s release to secure vehicles against vulnerability. The software update must be manually downloaded to a USB and updated, which means many vulnerable vehicle owners are unlikely to update in a timely manner, if at all. “If consumers don’t realize this is an issue, they should, and they should start complaining to carmakers. This might be the kind of software bug most likely to kill someone,” Charlie Miller explained.

Contact the Leslie Legal Group Today

If you are experiencing trouble with your vehicle’s computer system, contact the experienced attorneys at the Leslie Legal Group. We can help determine the right solution for you and your case.