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2 Answers | Asked in Criminal Law for California on
Q: Being charged for the first time with 25850(a)/(c)(7). Gun was registered. What are cost estimate for lawyer?

Happened a year ago. Was originally released. Used for self defense after being attacked by 3 men.

Joseph Abrams
Joseph Abrams answered on Sep 20, 2021

This is a misdemeanor offense in California. The cost of the lawyer will depend on who you decide to hire. Keep in mind, that the price of a lawyer often does not correlate to either their experience or prior success.

- Law Office of Joseph Abrams, Anaheim, CA

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3 Answers | Asked in Estate Planning for California on
Q: I created a trust and put my assets in it (mutual funds) when I went to prison.

I'm out. And I would like to close or end or dissolve the trust, basically my buddy does not want to manage the trust now that I am out. What steps do I need to take. The trust was formed in CA.

James Edward Berge
James Edward Berge answered on Sep 20, 2021

If you want to terminate (revoke) the trust, just sign a simple letter to the trustee which says you hereby revoke the trust and to return all trust property to your management and control. If you want to keep the trust and simply change the trustee of the trust (from your buddy to you), again, a... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: Can I allocate my trust benefits to another sibling?

I want to give my benefits to another sibling without receiving distribution. Can I sign it over by filling out an alternate payee or similar form with estate attorney?

Nina Whitehurst
Nina Whitehurst answered on Sep 20, 2021

The easiest way for you to accomplish your goal would be to just accept distributions and then gift like amounts to your sibling. Be sure to talk with your tax advisor first about the gift tax consequences and talk to your attorney about the Medicaid penalty consequences.

Even if you were...
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Q: I need a lawyer to represent me in a case against the juvenile detention agency in san Diego county
Tim Akpinar
Tim Akpinar answered on Sep 20, 2021

A California attorney could advise best, but your post remains open for two weeks. You could continue to await a response here, but it could be difficult for an attorney to reply - this is only a Q & A board. Some options you could consider include looking into sites that do operate as attorney... Read more »

1 Answer | Asked in Criminal Law for California on
Q: So this is kind of complicated: on 9/9/19 I got arrested for a felony 530.5(c)(3), Misd 11350(a), Misd 11364(a). I got

Bailed out for those charges. On 11/15/19 I got arrested for a Felony 530.5(c)(3) ×5, Felony 30305(a)(1) and an Enhancement for committing a felony while out on bail. I bailed out on these charges. On 8/20/20 I was charged with a felony 487(a) ×5, Felony 530.5(a) × 8 and 13 Enhancements for... Read more »

John Karas
John Karas answered on Sep 19, 2021

Let your attorney explain how the sentencing will work. You've obviously already been arraigned on the initial charges in 2019, the ones charged last November and probably on the ones charged in August of this year.

If you don't have an attorney and you meet the financial...
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1 Answer | Asked in Domestic Violence for California on
Q: I was served a restraining order by my ex in which she has several false allegations.

I am a volunteer EMT instructor at my local college. I went to the library to take notes on next weeks upcoming curriculum. My ex claims to have seen me. And called campus security claiming that I was stalking her. She claims that I followed her down the stairs and waited for her outside. When in... Read more »

John Karas
John Karas answered on Sep 19, 2021

I don't see a question in your lengthy post but am assuming that you want to know what to do after being served with what's likely a Civil Harassment TRO (Temporary Restraining Order). TRO's can be filed ex-parte (with no notice to you) and are routinely granted by most judges.... Read more »

2 Answers | Asked in Bankruptcy, Personal Injury and Civil Litigation for California on
Q: WE'RE PLAINTIFFS IN CIVIL SUPERIOR CASE X 3 YRS AND WANT TO STOP CASE, HOW DO WE MAKE SURE WE WON'T PAY ANYDEFENSE FEES?

We need help with how we should word the motion filed to withdraw vs dismiss or what to call it? What is the best way to go about doing this to be 100% sure we are not responsible for the defendant's attorney fees and can the defense come back and try to sue us after we either withdraw or... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 18, 2021

you really want to have an attorney contact them to try to get some money and then when they say no, to ask if I can get them to drop/dismiss the case, we would want a release agreeing that each side shall bear their own costs.

if they know you are going to give in, then they may not agree...
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2 Answers | Asked in Criminal Law for California on
Q: Are co-defendants supposed to have the same case number in a felony matter, if filed in the same complaint?

Even if one co-defendant fled & gets arrested five months later? Will he have the same case number as co-defendant ?

Joseph Abrams
Joseph Abrams answered on Sep 18, 2021

Yes, codefendants named in the same charging document will have the same case number, although some jurisdictions may add a number at the end of the main case number to indicate the number of each defendant (i.e., 1, 2, 3, ect.).

- Law Office of Joseph Abrams, Anaheim, CA

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1 Answer | Asked in Child Custody, Divorce, Family Law and Domestic Violence for California on
Q: There was divorce filed by my husband 2 years ago. We reconciled but he never withdrew the paperwork. I want divorce now

The paperwork was filed in contra costa county. We live in solano now. We only had 1 child at the time the other papers were filed. We now have 2. How do I proceed with divorce? Or am I stuck at his mercy because he filed the paperwork 2 years ago and never closed? I also want to move to my parents... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 18, 2021

MORE INFO NEEDED

THE FIRST ISSUE IS JURISDICTION. CONTACT A LOCAL FAMILY LAW ATTORNEY AND FILE IN YOUR COUNTY.

1 Answer | Asked in Employment Law for California on
Q: I have a work related lawsuit On my family member who is my uncle .he reached out to me and wants to settle without La

Lawyer or courts .question is can I drop the lawsuit legally?

Maya L. Serkova
Maya L. Serkova answered on Sep 17, 2021

It is unclear from your question if you are being represented by an attorney or not. If you represent yourself, you can settle and dismiss the case. However, if you are being represented by an attorney, you cannot settle with your employer behind your attorney's back. Your attorney has a lien... Read more »

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: How can I find out if someone patented a car motor in California.

My ex husband designed a car motor while we were married. He passed away in February and he was in dealings with a car company to sell his design. When he passed his roommates didn’t allow me or his mom to get his things. So I don’t have anything to prove it was his design unless I can find the... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Sep 17, 2021

I am sorry that someone you once loved intensely has died.

One place to look for an indication that your ex-husband assigned rights in an invention over to another entity is the assignment database -- https://assignment.uspto.gov/patent/index.html#/patent/search

A limitation of this...
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1 Answer | Asked in Real Estate Law for California on
Q: What do I need to file to see a judge to release a lien?

My dad left me a 1960's single wide he purchased in 1995.

The loan was a 5 year loan and he was proud of it being paid off. Now when I'm trying to get/ transfer the title I find the lien holder is still on the title. Lien holder is no longer in this business. What do I need to... Read more »

James A. Greer
James A. Greer answered on Sep 16, 2021

Expired Mortgage Lien Claimant: The "judge" route will be an action filed in your jurisdiction's Superior Court - difficult in this situation, not based on the law or the facts (that's the easy part of your claim), but in trying show "proof of service" in connection... Read more »

1 Answer | Asked in Workers' Compensation, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: Employer wants employee's medical info without medical release, is that legal?

Employer wants to know specific medical information about employee. Employer and employee have not consented into any release of medical information about employee? Is this a violation under HIPPA and california state law?

Nancy J. Wallace
Nancy J. Wallace answered on Sep 16, 2021

This is listed in WORKERS COMPENSATION so I'll have to presume there is an on-the-job-injury and the worker has placed her physical condition in issue requesting treatment and disability payments; when there is a WCAB Case Number, the subpena service can get those records because the injured... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: Can officers detain you on a traffic stop and drive your vehicle back to your residence for you to serve a warrant
James Richard Askew
James Richard Askew answered on Sep 16, 2021

Obviously, it depends on the circumstances. Did you provide consent? Was the vehicle moved only a short distance?

An officer should not want to drive your vehicle unless it presents a danger to others i.e. to protect others, prevent imminent harm, etc. If your car is parked in an...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: I am using a paid language learning program to study a language and wondered if making flashcards would be infringing

I am using a paid language learning program to study a language. I want to make my own flashcards based on the words I learned. It will only be accessible to me. Would I be infringing on their copyright and databases? I know the companies compile words in categories and levels.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 16, 2021

You would need to consult with an attorney

Most likely the infringement is discovered when the copied work is put in commerce

1 Answer | Asked in Family Law, Child Custody and Civil Rights for California on
Q: Can my wife take my kids with false accusations

My wife and mother in law have made false accusations of being unsafe with me and of me “shaking” my babies. I’ve been cleared because it never happed. And now is trying to get restraining order so they can take my twin babies to Washington DC. They’ve contacted help on their end so I’m... Read more »

Louis George Fazzi
Louis George Fazzi answered on Sep 15, 2021

The answer will depend on where your wife and children are located, because that is where you will have to take your stand. I am not a family law lawyer, and am only licensed to practice in California.

You can start by asking for help from the JAG Office at your marine base. You might ask...
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1 Answer | Asked in Consumer Law, Legal Malpractice and Federal Crimes for California on
Q: If a lawyer separates settlement money from the awardee by investing the funds which end up being diverted is it legal?

Is the refusal to release the funds to the client by investing or stalling embezzlement?

Scott Richard Kaufman
Scott Richard Kaufman answered on Sep 15, 2021

Sounds bad. The BAR can answer this for you, given more specifics.

1 Answer | Asked in Insurance Bad Faith for California on
Q: My son was robbed at gun pt at an LA cafe serving food at tables outside. Should their insurance cover his loss?

The cafe owner said he would check with his insurance about covering the loss and he said his insurance would not cover the loss because it occurred outside, yet the cafe serves patrons outside all the time…

John Karas
John Karas answered on Sep 15, 2021

This is not a insurance bad faith matter. You're not the insured and lack standing to sue the cafe's insurer.

You can sue the owner for negligence insofar as failing to provide security. However, unless the amount stolen from you exceeds $10,000, you would have to file the...
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2 Answers | Asked in Gov & Administrative Law, Public Benefits and Social Security for California on
Q: I will be going before an Administrative Law Judge for Social Security disability benefits. Any clinics around to help?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Sep 15, 2021

There may be a local law school with a clinic for disability benefits so you could call around and ask. If you are concerned about not having money to pay a lawyer you don’t need to worry about that. You don’t pay up front and the attorney only gets paid a percentage of your back benefits if... Read more »

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3 Answers | Asked in Employment Law and Civil Rights for California on
Q: I’m a federal employee and going to refuse the vaccine mandate. If fired, will this violate laws meant to protect me?

Vaccine presidential mandate.

Niran Grimberg
Niran Grimberg answered on Sep 15, 2021

Federal law states that if an employee does not want to get vaccinated (must be for religious exemption or due to disability), they will be subject to weekly testing. Therefore, if you are not going to get the vaccine, you will be subject to weekly testing. Vaccination status is not a protected... Read more »

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