Bankruptcy Law Basics

Bankruptcy is a legal proceeding in which an individual or company experiencing financial trouble can get a fresh start. When bankruptcy is filed, it immediately stops all creditors from seeking out debt collection from that person or company until the bankruptcy proceedings have concluded. When an individual files bankruptcy, it will likely discharge most, if not all, of his debt. Filing bankruptcy will not completely discharge mortgage payment obligations, but it will halt foreclosure proceedings to allow a person to catch up on late payments. Bankruptcy will also prevent repossession of vehicles, or obligate a creditor to return property after it has been repossessed. Bankruptcy also stops wage garnishment, harassment from debt collectors, restores or stops utility services from terminating, and allows a person to challenge creditors claiming that he or she owes more than he or she actually does.

Financial Problems Bankruptcy Cannot Cure

Filing Bankruptcy does not discharge all financial obligations, and it is not always the right solution for everyone in debt. Bankruptcy filing will not:

  • Eliminate the rights of secured creditors. A secured creditor is a creditor who has taken a lien on property as collateral for a loan. The most common examples are home mortgage loans or car loans. You can, however, use the bankruptcy proceedings to force secured creditors to accept payments over a certain period of time. You will not be able to keep the collateral unless you continue to make an effort to pay off the debt.
  • Discharge child support, alimony payments, student loans, criminal fines, court restitution orders, and some tax payments. See a full list of non-dischargeable debt in California here.
  • Provide protection to those that cosigned your loans. The cosigner may still be obligated to repay all or part of the loan. Debts that arise after bankruptcy is filed will be discharged.

Types of Individual Bankruptcy Filings

Chapter 7 – You file a petition to ask the court to discharge your debts. In this type of bankruptcy, you usually must give up the majority of your property, except property deemed exempt. Generally, almost all property is considered exempt. If you want to keep your house or car and are behind on those payments, Chapter 7 is probably not the ideal bankruptcy filing. In a Chapter 7 filing, the right of mortgage holders or car loan creditors to repossess those items to cover your debt is not terminated.

Chapter 13 – An individual files a plan to demonstrate how you will pay off certain debts over a three to five year period. In this type of bankruptcy filing, you are allowed to keep your property, including your home and your car, as long as you can make the specified payments to creditors. Chapter 13 bankruptcy is right for you if:

  • You own your home and are behind on payments
  • You are behind on debt payments, but if given time can get back on track
  • Have property which is not exempt, but you have the money to pay creditors over time

If you choose to file for Chapter 13 Bankruptcy, you will need to have enough monthly income to make the specified payments, as well as your daily necessities.

If you are experiencing financial trouble, contact the experienced attorneys at the Leslie Legal Group. We can help determine whether filing bankruptcy will be the right solution for you.

What Happens When a Sex Offender Fails to Register?

If you have been convicted of a sex crime in the state of California, you are almost always required to register as a sex offender according to the California Penal Code – oftentimes for the remainder of your life. You must register as a sex offender within five days of your initial release from prison. If you fail to register within that time period, you could face additional charges. Your registration must also be renewed every year within five business days of your birthday as well as any time that you relocate to a new residence. If you fail to renew your registration willfully or knowingly, you could face additional misdemeanor or felony charges. The severity of these additional charges usually depends upon the severity of the crime you were originally charged with, as well as whether or not it was a first offense.

If you have been accused of failing to register your sex offender status, the experienced criminal defense attorneys at the Law Offices of Sean F. Leslie can help mitigate your charges, or dismiss them altogether. Contact us today for a consultation.

Rules for Sex Offender Registration

An offender must register every year on his or her birthday. Whenever a registered sex offender moves to a new location, they must set up an appointment with their new local law enforcement agency to re-register/notify of new location. Those that are homeless/have no permanent residence must notify local law enforcement of their whereabouts every ten days. If the offender has moved to a new location, he or she must notify local law enforcement.

Failure to Register Under California Penal Code Section 290

If the offender fails to register and is on probation, that would be a violation of probation terms. The offender could face prison time.

If the offender is not on probation, the District Attorney has the option of filing the failure to register as either a misdemeanor or a felony. The likelihood of felony charges is high. That person could be subject to up to three years in state prison for willful violation of registration.

Forgetting is NOT a defense to failing to register as a sex offender. The person in question is strictly liable for the responsibility to keep their registration current.

Contact an Experienced Criminal Defense Attorney

At the Leslie Legal Group, we understand the stress involved when facing criminal charges, and we can help you understand the process of sex offender registration. Let us put our criminal defense experience to work for you. Contact us today for a consultation

Potential California Initiative Would Bar Transgender People from the “Wrong” Bathroom

A proposed ballot measure called the Personal Privacy Protection Act was submitted to Attorney General Kamala Harris’ office in April by Privacy for All that would require people to “use facilities in accordance with their biological sex in government-owned buildings, including public schools and universities.” The proposal would not apply to family or single-occupancy bathrooms. Privacy for All is the same group that attempted to repeal California law that requires public schools to allow transgender students to play on the sports teams of the gender that they identify with and allows transgender students to use school bathrooms.

If the proposal passes, those who feel their privacy had been violated by a transgender person “unlawfully” using the restroom or those who refrain from entering a restroom or locker room because they knew a transgender person was inside could sue either that person or the government entity and recover a minimum of $4,000. The initiative also seeks to protect private sector businesses that require people to use bathrooms in compliance with their birth gender.

To see this proposal on the ballot in November 2016, over 365,000 signatures must be collected. “We have great compassion for any person that is uncomfortable in traditional, sex-separated facilities,” said Gina Gleason, a proponent of the initiative, in a Privacy for All statement circulated by Christian Newswire. “But we also want to protect the privacy that most of us expect when we are in public restrooms, showers and dressing areas.”

The transgender community sees this initiative as “unconstitutional and unenforceable,” and “would dangerously single out Californians who don’t meet people’s stereotypes of what it’s like to be male or what it looks like to be female, putting everyone at greater risk of harassment and opening the state up to costly lawsuits,” Kris Hayashi, executive director of the Transgender Law Center explained.

Does this law sound a little extreme? Well, citizens of California are allowed to submit any ballot proposal to the Attorney General’s office for a fee of $200. The Attorney General’s Office is legally obligated to give every potential proposal a name to put on the ballot, summarize the effects of every initiative, and allow time for proponents of the initiative to petition for signatures. California officials must put even the craziest ideas on the ballot if the required amount of signatures is collected. It remains to be seen whether the Personal Privacy Protection Act will make its way onto our ballots next November.

If Something Should Happen to You, is Your Pet Cared For?

Pets are important members of our families. If you are a pet owner, you know just how important it is to make sure your pet is happy, cared for, and loved. But what if something happens to you and you can no longer care for your beloved furry friend? It is important to consider making sure that your pet is addressed in your estate plan. If you make arrangements in your will or trust to ensure your pet is cared for, you will not have to worry about what will happen to them in the event of your death or incapacitation. There are a few different ways you can ensure that your pet will be taken care of if something happens to you. If you wish to add a provision for your pet into your estate plan, the attorneys at The Leslie Legal Group can help.

Account for Your Pet in Your Will

One option is to provide for your family pet in your will, including instructions and a monetary gift for the animal’s care. However, in California, the law does not allow for a direct gift to an animal. Permitted beneficiaries include individuals, corporations, governments, and organizations, with no mention of animals. In order to work around this restriction, you can devise your pet to a specific beneficiary and ensure that you provide money to be used for the pet’s care. Unfortunately, California law does not allow for you to require that the money you provide is used for the care of an animal, but you can certainly make the suggestion.

Account for Your Pet in a Trust

Accounting for your pet in a trust is a more effective way to ensure your pet is provided for, as the California Probate Code does allow a trust to be established for the care of an animal. In that trust, you can establish who will get custody of your pet and provides funds that can go directly to the care of the animal in the event of your incapacitation or death. California Probate Code allows you to set aside any dollar amount you wish, even your entire estate, in a trust for your beloved furry family member. In the trust, you can also provide the specific information that the beneficiary would need to ensure your pet is cared for.

Contact an Experienced Attorney

It is vital to ensure that your assets are protected in the event of your incapacitation or death. Creation of an estate plan, including a plan to ensure your pet is cared for, can be a complex and overwhelming legal endeavor. The knowledgeable attorneys at the Leslie Legal Group are here to help guide you through this process and create an estate plan that is right for you. We will ensure that you understand every step in the estate planning process. Contact us today for a consultation.

Wrongful Death Lawsuits in California

A wrongful death claim arises when someone dies due to the negligence of another person or entity. Survivors, typically relatives or spouses, may be able to initiate a lawsuit to recover damages. A wrongful death lawsuit seeks compensation for the survivor’s loss resulting from the death of the loved one, i.e., lost wages, loss of companionship, or medical or funeral expenses. A wrongful death claim can involve almost any type of accident resulting in death, including product liability, medical malpractice, auto accidents, or on-the-job injuries. California allows a time limit of two years from the date of the decedent’s death to file a wrongful death claim.

Who Can File a Wrongful Death Lawsuit?

The California Wrongful Death Statute specifies those who may bring a wrongful death lawsuit. Specifically, the following parties may bring a wrongful death lawsuit – the surviving spouse or domestic partner, any surviving children, or if there is no surviving descendant or partner, then a wrongful death suit may be initiated by anyone “who would be entitled to the property of the decedent by intestate succession” (i.e., parents, or siblings of the deceased). Also, if the following parties can demonstrate financial dependence on the deceased, they are also entitled to bring a wrongful death lawsuit in California:

  • The deceased person’s common law spouse and their children
  • Any stepchildren of the deceased
  • The parents of the deceased

Damages Available for Recovery

In a wrongful death lawsuit, damages are typically apportioned between compensating the estate for losses associated with the death of the deceased and the surviving family members for their losses suffered. Damages that are typically allocated to the estate include funeral/burial costs, medical expenses for the deceased’s final injury, and any lost income (including any income the deceased person would have been reasonably expected to earn in their future). Damages typically allocated to the surviving family include the loss of financial support, value of household services, loss of love, community, guidance, and affection.

Contact Leslie Legal Group

It is the legal responsibility of every single company and individual to ensure the safety of their employees or clients. A breach of this responsibility can occur when the same companies or individuals act in a negligent or reckless manner. If your loved one suffered a severe injury or illness resulting in their untimely death, you may be entitled to compensation for your loss. The Leslie Legal Group is committed to excellence in the representation of every single client. Contact us today to set up a free consultation.

California Supreme Court DUI Ruling: Coffey v. Shiomoto

Last month, a California Supreme Court case made it more difficult to escape a DUI charge. The California Supreme Court ruled that the Department of Motor Vehicles is now able to consider circumstantial evidence (i.e. swerving in and out of lanes, failing field sobriety tests) to prove a driver was impaired behind the wheel. This decision has provided wiggle room for the DMV to suspend drivers’ licenses when a breathalyzer or blood test determines a driver’s blood alcohol level is close to the legal limit or a test result is inconclusive. The Coffey decision makes it more difficult for those drivers who are subjected to sobriety tests with borderline results to prove that they were not driving while impaired. This ruling could cause a spike in DUI convictions.

The facts of the case are as follows: Ashley Coffey was arrested in November of 2011 for driving under the influence of alcohol, when an officer observed her swerving on the freeway. The officer administered field sobriety tests, which Coffey failed. Approximately one hour after Coffey was pulled over; her blood-alcohol level was measured at 0.08 percent. Three minutes later she was given another test, which measured 0.09 percent. Later still, Coffey was given a blood test which measured 0.095 percent. Coffey had an expert testify on her behalf at an administrative hearing and at trial contesting the suspension of her driver’s license. The expert testified that her blood-alcohol content was rising at the time of the breathalyzer and blood tests, which suggested that her blood-alcohol level was below the legal limit at the time she was driving. This expert testimony was disregarded by both the DMV and the trial court.

Under California law, prior to this decision, the 0.08 blood-alcohol level creates a rebuttable presumption that the driver was impaired within three hours after driving. A defendant can rebut the presumption by presenting evidence negating the fact that the driver was impaired. Coffey tried to rebut the presumption that she was impaired, but was unsuccessful. The California Supreme Court concluded that “the Evidence Code says nothing about the quality of the evidence…only that, once the opponent introduces evidence of a fact negating the presumption, the [judge] has to weigh the inferences arising from the facts that gave rise to the presumption against the contrary evidence and resolve the conflict.” This essentially means that when a defendant presents evidence to rebut the presumption, the DMV is allowed to rely on evidence other than breathalyzer or blood tests to prove that a defendant’s blood-alcohol level was above the legal limit while driving.

The Court held that circumstantial evidence is relevant and admissible in a DUI hearing. The judge is the one who determines whether the evidence is credible. Further, the court said that prior case law that has held circumstantial evidence coupled with blood-alcohol level tests can be combined to prove that a driver was driving drunk. Though the court cautioned on the potential abuse of this ruling, it is not unlikely that it will make the defense of a DUI charge more difficult. This ruling allows much wider discretion for DMV hearing officers to penalize those driving legally below the limit.

If you have been charged with a DUI, the Law Offices of Sean F. Leslie can help. We have years of experience in reducing the charges of DUI clients. Contact us today for a consultation.

California Drug Possession Laws

The attorneys at the Law Offices of Sean F. Leslie are well versed in defending clients accused of drug possession charges in California. We know that prosecutors often allege sales charges instead of possession charges, as charges for selling drugs make defendants ineligible for drug diversion programs generally available to first-time drug possession offenders. Our firm has years of experience persuading the prosecution to reduce the charges for our clients. Unfortunately, many police and prosecutors believe that every social drug user is also a drug dealer. We know this is not the case. It is important to know the penalties you could face for possession and use of drugs in our state.

Penalties for drug possession charges in California vary. They can be classified as infractions, misdemeanors, “wobblers,” or felonies. An infraction is most often for first-time offenders, and is the least serious charge with no jail time associated. Drug-related misdemeanors can result in up to one year in jail, and drug-related felonies have a minimum prison sentence of one year. A “wobbler” offense is charged either as a misdemeanor or a felony depending on the circumstances of the case, as well as the prosecution and the judge. In November of 2014, California voters passed Proposition 47, which reduced some simple drug possession crimes to misdemeanors.

California’s Classification of Controlled Substances

The State of California divides its controlled substances into schedules, as governed by California Health and Safety Code Sections 11053 to 11057.

  • Schedule I: Marijuana or opiates
  • Schedule II: Morphine, raw opium, hallucinogens
  • Schedule III: Pentobarbital, anabolic steroids
  • Schedule IV: Diazepam, zolpidem
  • Schedule V: Prescription narcotics

Possession of any amount of any of these controlled substances (except marijuana) can be punishable by up to one year in county jail. However, Proposition 47 has made reduced penalties available to those who qualify – those that are not registered sex offenders or have previous violent crime convictions.

Penalties for the Possession of Marijuana

The penalties associated with the unlawful possession of marijuana are charged based upon the amount in question.

  • Any amount of concentrated cannabis: Either a $500 fine or up to one year in jail, or both.
  • No more than 28.5 grams, other than concentrated cannabis, is classified as an infraction and the penalty is a $100 fine.
  • Greater than 28.5 grams, other than concentrated cannabis, is penalized by either a $500 fine, up to six months of jail time, or both.
  • An adult possessing less than 28.5 grams of marijuana (other than concentrated cannabis) on the grounds of a school during school hours will be charged with a misdemeanor. The penalty is either up to ten days in jail, a $500 fine, or both.
  • A minor found in possession of less than 28.5 grams of marijuana, other than concentrated cannabis, on school grounds will be fined $250 for their first offense. Any subsequent offenses can be punished by up to ten days in a juvenile detention facility and a fine up to $500.

If you have been charged with drug possession, the Law Offices of Sean F. Leslie can help. Contact us today for a consultation.

Chapter 7 Bankruptcy: The Basics

Today’s economic climate has caused many families and individuals to feel trapped by debt and struggling to make ends meet. Whether you have been laid off, accumulated medical debt, or accumulated credit card debt, debt can make life incredibly difficult and stressful. Bankruptcy may be an option for you to start fresh with your finances. Are you prepared to take control of your finances and free yourself from the harassment of debt collectors? If so, then filing a Chapter 7 Bankruptcy may be right for you.

A Chapter 7 Bankruptcy allows you to wipe out most debt and start fresh. This type of bankruptcy is a liquidation of your assets by a trustee. The trustee then sells all of your non-exempt assets. The proceeds of the liquidation are distributed to your creditors in satisfaction of your debt. The trustee will take a commission for overseeing the liquidation and asset distribution. Certain debts are classified as non-dischargeable. This type of debt includes student loans, fraudulent debts, alimony, child support, any fines for legal violations, tax debts, debt for personal injury or death caused by driving under the influence of alcohol or controlled substance, or any debt you forget to list in your bankruptcy filing. You will be responsible for paying these debts in full.

The filing of a Chapter 7 Bankruptcy does not require you to surrender all of your assets. Generally, you may keep your home, car, clothing, furniture, employer retirement plans, etc. An experienced attorney can help you determine which assets you must turn over and which you may keep.

If you plan to file a Chapter 7 bankruptcy, you must pass the California means test. This test applies to higher income bankruptcy filers, which means that if your income is below the required median, you will be exempt from this test. Other exemptions from the California means test include those whose debts are primarily consumer and disabled veterans who incurred debt while actively serving in the military. In order to be exempt from the means test, for example, an individual in a one-person household must have an income below $47,798.00.

The basic process of filing a Chapter 7 Bankruptcy is fairly straightforward and consistent. First, you must complete a bankruptcy petition, provide all necessary documentation, and complete a credit counseling course. After these initial requirements, you can then file a Chapter 7 bankruptcy. Approximately one month after filing for a Chapter 7, a Meeting of Creditors is held, where a trustee is appointed. Prior to the conclusion of your bankruptcy proceedings, you must also take a second course in financial management. After the Meeting of Creditors, unless there are any outstanding problems with your filing, no further action will be required from you. Approximately two months following the Meeting of Creditors, you can expect a court order discharging your debt.

Contact an Experienced Attorney

If you are considering Chapter 7 Bankruptcy as a means to rid yourself of crippling debt and get a financial fresh start, the first step is to consult an attorney to ensure this is the correct path for you. The knowledgeable attorneys at the Leslie Legal Group are here to help guide you through every step of the bankruptcy filing process. Contact us today for a consultation.

Revocable Living Trusts: An Overview

A living trust is a significant part of an estate plan. A revocable living trust is a partial substitute for a will. You can put your assets into the trust, and they are managed for your use during your lifetime. The remaining assets are transferred to your beneficiaries upon your death. Generally, most people will name themselves as trustee (person in charge of managing the trust), so they can remain in control of their own assets for their lifetime. It is advisable to name a replacement trustee, in the event of your incapacitation or death. A revocable living trust can be revoked or amended at any time by the settlor (the person who created the trust).

A revocable living trust should:

  • Provide the trustee with the right to control the assets within the trust;
  • Declare that the trustee manage the trust’s assets during the lifetime of the settlor;
    • The trustee has a fiduciary duty to act in the best interests of the settlor; and
  • Identify future beneficiaries that will receive the assets of the trust upon the death of the original trustee.

Who needs a Revocable Living Trust?

A revocable living trust is not for everyone. Those with simple estate plans and who do not have significant assets may not need a living trust. A living trust is important for those with significant assets. Having a revocable living trust can make the management and distribution of your estate much less complicated should you suddenly become incapacitated or upon your death. Your chosen successor trustee would then be able to manage the assets for you. However, if you did not have a living trust and did not appoint someone to manage your assets should you become incapacitated, the court would have to determine who could manage your assets instead. Having a revocable living trust with pre-made arrangements can save your heirs time and expense, as no court proceeding would be necessary.

Advantages

As previously stated, one of the main advantages to a revocable living trust is that it is probate free. A revocable living trust is revocable and changeable for the lifetime of the settlor. This type of trust minimizes or eliminates challenges to the will. In California, the settlor is allowed to add a provision providing for disinheritance to those who dispute the specified distribution of the estate.

Disadvantages

Because living trusts are not supervised by the court, one of the main potential advantages can also become a disadvantage in the event that you appoint the wrong trustee. The risk that a trustee would be able to not act in your best interest is greater than when an executor is directly supervised by the court. Creation of a living trust can also be expensive and potentially higher than the cost of preparing a will, though this varies on a case by case basis. Another potential disadvantage to a living trust is that lenders may not be willing to lend to a trust in order to purchase real property. This can cause additional administrative headache and paperwork.

Contact an Experienced Attorney

It is vital to ensure that your assets are protected in the event of your incapacitation or death. Creation of an estate plan, including a revocable living trust, can be a complex and overwhelming legal endeavor. The knowledgeable attorneys at the Leslie Legal Group are here to help guide you through this process and create an estate plan that is right for you. We will ensure that you understand every step in the estate planning process. Contact us today for a consultation.

Dog Bite Liability in California

Dog bite liability laws vary from state to state. Many states have a “one free bite” policy, which does not hold the owner strictly liable if the dog has never bitten anyone and has never shown tendencies toward aggressive behavior. California has eliminated the “one free bite” policy. This means that a dog owner can be held strictly liable if their dog bites someone, even if it was the dog’s first bite or the dog never showed a tendency to bite. California’s dog bite liability is governed by California Civil Code Section 3342.

California’s Dog Bite Law

The law states that a dog owner will be subject to liability for damages caused by their dog if the damages were caused by a dog bite, and the person injured by the bite was in a public place or lawfully in a private residence. An exception exists for those bit by a dog involved in police and military work. This statute only applies to dog bites – no other injury that may have been caused by the dog. In situations where an injury is caused by a dog but was not a bite, California negligence rules would apply.

The statute of limitations (deadline to file a lawsuit) to file a personal injury claim, including a dog bite claim, is two years. This means that the injured plaintiff has two years after the bite occurred to file the lawsuit. The court will not hear a lawsuit filed after the two-year deadline has passed.

Strict Liability

For dog bite injuries, California is a strict liability state. Strict liability means that a dog owner is liable for the actions of her dog, even if she claims that she did not know that the dog had tendencies to act aggressively. Dog owners are therefore responsible for all damages resulting from a dog bite, so long as the person injured was in a public place or on private property without trespassing.

Defenses

A dog owner can raise the defense that the injured party was trespassing when the dog bite occurred. An injured party who was trespassing on private property at the time of the bite injury may not be able to collect damages for their injuries. If the dog was carrying out duties for the government or military at the time of the bite, the government or military may raise the defense that the dog was working at the time, or that the injured party provoked the dog. The defenses available to the government or military officials only apply if the dog was carrying out their duties in that capacity at the time of the bite.

Contact the Leslie Legal Group

Dog bites are serious injuries. If you or a loved one has been injured by a dog bite, contact the Leslie Legal Group. Our experienced attorneys can assist you with your claim against the dog owner. We can help you receive compensation for the expenses related to the attack, including medical bills and emotional distress that has resulted. Contact us today for a free consultation.