Finding a Trustworthy DUI Lawyer

The DUI
Drunk driving can be one of the most demeaning offenses you can have against you. Not only is it embarrassing, but it can be threatening to your livelihood. You may have been unfortunate enough to have spent the night in jail, or you may have had your license taken away. Both things can have an affect on your life and wellbeing.

The initial arrest might be over, but the court date is looming over your head. You need to find a DUI lawyer before you go to court. You want a lawyer who can quickly and efficiently look over your situation and make a plan based on the facts. They need to look over the details about your sobriety test to your blood alcohol content when you were arrested. It might be embarrassing; it might be terrifying, but remember to tell the truth to your lawyer.

Making It Through
Sitting with a DUI charge overhead is both harrowing and humbling so you will need help. Help will come in the form of a DUI lawyer, one you can trust to be hard-working and to care about your account of the situation. The pain of a DUI charge is bad; heavy fines, possibly jail time and a mark on your criminal record! A DUI lawyer can help get you out of that tough spot and at the least they can help you stay on your feet.

Finding a Lawyer
Finding a good lawyer is hard, but resources are available. Several websites can help you find the right lawyer for your case as they list lawyers who will be a good fit after you give them the information requested. Remember to treat lawyers like everything else in life, ask around and shop around. Look at the different reviews you get from these sites, see if you can’t get in touch with other clients or find reviews for the lawyer. Also, take into account the number of DUI cases is going up, and you should be able to find at least one person who’s had the same problem and find the right solution.

Finding the Best DUI Attorneys

Many people have experienced driving under the influence by having a few drinks at a party and getting into the car to head home thinking that they’re perfectly capable of getting there. When you’re stopped by a police officer on the road and under the influence of alcohol, it doesn’t matter if you’re still perfectly fine to drive, once the cop knows you’ve had a few, you’re in trouble.

When trouble peeks around the corner you need to find the best DUI attorney you can to avoid a hefty fine or jail time, but it’s not as easy as looking a firm up online! Here are some helpful tips.

    1. Don’t take the lawyer’s claim for their competence – any lawyer or attorney can make that claim. They’ve studied the law, of course they’re competent! Competently doesn’t always mean they are specialized, and that’s what you want.
    2. Check the attorneys record & references.  The first place to start is the State Bar of California. There you can enter in the name of any attorney and find out how long they have been practicing, and if they have any negative marks on their record.  Another place to look is Avvo.com.  Avvo is a main source online for people looking for reviews of attorneys.
    3. Make sure that the attorney you’re looking to hire has the knowledge of the methods police officers use to test for drunk driving. You want them to understand every step and procedure, not just the basics! You also want to make sure they’re familiar with devices that some police officers use in the field as your defense could depend on it.
    4. Any DUI attorney you seek should be familiar with the testing performed by the laboratories to determine your blood alcohol content (a measure of how ‘drunk’ you are). Otherwise, they’re not the right attorney.
    5. In the end, just remember that NO attorney can promise you a specific result.  An criminal lawyer might tell you that they know exactly how the case is going to go the first time you two meet but that is impossible. What a good DUI attorney will be able to do however, is tell you on what they think your most likely outcome will be, and how they plan on getting that to happen.

Sometimes we get into unwanted and unwarranted trouble so if you’ve been accused of driving under the influence (DUI or DWI) it might be time to look into hiring a DUI attorney for your defense.  The attorneys at Netzah & Shem-Tov  will promise that they’ll fight for you until all options have been exhausted.

Contact us today to learn more about how we can help you on your DUI or DWI 818-995-4200.

What to Expect When It Comes To DUI Attorney Fees

What You Should do When Charged with a DUI
If you’re facing a DUI, you need to find a legal practitioner who is experienced with DUIs. A DUI lawyer will usually charge more than other types of lawyers, but that cost comes with a level of expertise you might not normally get.

A DUI is a Large Charge
Although DUIs are officially misdemeanors, unofficially, they are large, major crimes with a public spotlight and a large media showcasing. Juries are usually influenced by what they see on television and can be less understanding of you as a defendant and more likely to ask for a heavier sentence or convict you as guilty.

Don’t go to court alone! It’s a bad move, and it’s one that might see your life ruined with barely a fight put up to stop it. You don’t know the law so you must find someone who does. A DUI attorney is a criminal industry expert, and they know the ins and the outs of the law. They have experience defending people like you, they know how to avoid unnecessary charges or jail time, and they have done all of this before. You think your are knowledgeable when it comes to law, you might think that you can argue as well as any lawyer, but is it worth risking your livelihood just to not pay a DUI attorney? Of course not. That’s not a chance anyone wants to take, and it’s not a chance anyone should ever have to take.

Paying a DUI Lawyer
Someone who specializes in DUI defense will usually require a larger fee than a lawyer who practices different types of law. Their specialization and expertise in the industry is important for you to get through the tough time.

Chances are you’ll be offered one of the two different types of fee agreements from the lawyer. You may pay a flat fee, or you may pay an hourly rate. Whatever the case, you are expected to place an advance payment down, and the remaining fees will be due prior to the verdict, and guilty or innocent, you will owe it.

For a rough rule of thumb, a DUI lawyer in a small town will cost anywhere between $500 and $1,000, whereas a very well known expert – someone who’s hired from state to state – might cost as high as $15,000! In summation, the more proficient the lawyer and the larger the place you are, the higher the fee will be.

A Guide to Finding a Good Criminal Lawyer

Finding a good criminal lawyer is imperative, no matter how innocent you may be. While it may be easy to plead your case in day-to-day life, the law is not so flexible . . . and it’s far more complicated.  No matter how well you might be able to reason your story and show your innocence in a situation where a criminal charge is leveled against you, it might not matter. The lawyer will be able to do far more than you in a court of law, and you will be better off if you remain quiet and allow the attorney to represent you.

Get a Criminal Lawyer
Don’t go alone. Find yourself a criminal lawyer who can teach you some of the language that is used in court, but remember that their livelihood is dependent on arguing in a way that cannot be refuted. They know the words and how to use them far better than you might. A good lawyer might save you from time in jail or heavy fines. From a black mark on your record or house arrest, they want to win the case, and they want to win it for you.

While you need their help, they can’t do it without your active presence. There’s a process of give-and-take that happens in the courtroom, and you can’t choke up in the middle of the court. You don’t want to stammer; it makes it look like you’re lying! Any criminal lawyer needs you to be calm, consistent and as much at peace with yourself as you can be.

Finding One
If only it were as easy as picking a name out of a hat, but it isn’t. Your reputation, your future and your life are at stake! You don’t want to risk everything you have by going for the first name that pops in front of your name. You need to be smart about it.

Make sure that the lawyer you find actually cares about your case. You don’t want a lawyer who’s just going through the motions; you want them as invested in proving your innocence as you are! If a lawyer is concerned – and a good criminal lawyer will be – then they’ll take the time to learn about you, to dig under the surface and see who you are as a person. As their client, you need to trust your lawyer in every way and throughout every step of the process.

Reputation Is Important
Don’t be afraid to judge a lawyer on their reputation. There are countless law firms out there which produce solid lawyers ready to defend your rights in a court of law and make sure you are treated the way you deserve. Make sure to look within your state as you don’t want to find the perfect lawyer only to discover they’re far away. Also, a lawyer in your state will know the federal laws involved in helping you prove your innocence in court. There are countless sites out there to check up on attorneys.  The first place to start is the State Bar of California. There you can enter in the attorney and find out how long they have been practicing, and if they have any negative marks on their record.  Another place to look is Avvo.com.  Avvo is a main source for people looking for reviews of attorneys.

In the end, just remember that NO attorney can promise you a specific result.  The attorneys at  Netzah & Shem-Tov however, can promise that they’ll fight for you until all options have been exhausted. Contact us today to learn more about how we can help you on your criminal law case 818-995-4200.

The Benefits of Hiring the Best Criminal Attorneys

I you’re facing criminal charges, the best asset you have is a great defense attorney — A criminal attorney.  From the charges filed against you, to the pros and cons of plea bargains, to the best and worst case scenario if you are convicted—a good criminal lawyer will be there to ensure you have a clear picture of the battle ahead.  They will find any pre-trial problems, make sure the motions that strengthen your position go through and try hard to get any charges dismissed.

Why Do You Need One?
In the United States, the criminal justice system might not be on your side as a defendant – that’s why you want to find the best criminal attorney. They’ll aggressively tear the prosecution’s argument to shreds and give you peace of mind as best they can.

What Can It Cost?
The cost of a criminal attorney is dependent upon on the charges filed against you and the complexity of the case. A complicated case is going to require the defense attorney receive more than a simple case. It’s common to see the costs go up, even in smaller cases, if there are extensive legal motions involved or if you need expert witnesses on the court floor.

But Avoid This:
There are many people out there who do not have your best interest in mind, and there are a few tips you want to avoid. Do not let any criminal attorney try and coerce you into signing an agreement where you have to pay extra should the case go to trial. If you do, make sure that you have the extra income if the case does go into trial. Avoid a ‘guilty’ plea because if the lawyer isn’t on your side, they might want you to plead guilty so that they can get the court fee.

A Cold Truth
The phrase ‘innocent until proven guilty’ is just that – a phrase. Remember, there are competent and aggressive lawyers on the other side of the court, and they can make you look guilty with the information they have as that is their job without even knowing if you are innocent. When you face criminal charges the only thing standing between you and a painful conviction is a competent criminal attorney who will do their best to ensure you keep your rights and get off with an acquittal or innocent verdict.

If you find yourself in a situation where you have committed a crime, you want a good criminal attorney there as quickly as possible – if you can, get them there before the police arrive. Police officers may be there to defend society, but when they see you as a criminal, the only thing on their mind is putting you behind bars.

Be honest with your lawyer and tell them everything that pertains to the case even if you think it might not be pertinent. If you do, they can help you every step of the process and make things easier on you – and they’ll do everything in their power to save you from a guilty conviction.

Do You Need A Bankruptcy Lawyer?

Are you under a mountain of debt? Are bills pending, but you have no way to pay them off? Do you feel like you’re at the bottom of a deep pit with no way out, on the mental edge, terrified for your family and your property? What should you do? The answer is right in front of you. Find a bankruptcy lawyer.

How Will A Bankruptcy Lawyer Help?
The first thing most people think when it comes to filing bankruptcy is that it’s easy and takes a single plea. Throw that illusion aside. It’s complicated, involving complex reports, multiple fact checks, dozens of forms that need to be filled out and more. It can be hard to take care of alone. A bankruptcy lawyer knows exactly what to do, every step of the process. A bankruptcy lawyer is an expert in the field with experience in the necessary steps to filing. A bankruptcy lawyer will be able to develop the best plan for you, your finances, property and your family – you can get rid of some of the stress.

On top of getting your bankruptcy plea filed and completed, the right lawyer will also help manage your finances and get you on the right path. It’s important for you to know that once you are on the right path you must avoid getting into the same situation. Learn from experience and follow your lawyer’s advice. Try to understand your financial limits and then maintain them.

How Much Does It Cost To File Bankruptcy?
The fee for filing Chapter 7 bankruptcy (where some of your assets and property are liquidized in order to pay your debts) is $306. The fee for filing chapter 13 (where you more or less make a promise to pay your debts back) is $281. These rates are just for filing fees and does not take into account lawyer’s fees.

What Is The Cost Of Hiring A Bankruptcy Lawyer?
How long the process takes and how much work is involved for a lawyer is dependent upon what chapter your case falls under. A bankruptcy lawyer helping you with a chapter 7 bankruptcies can charge around $2,000 while one helping you file for chapter 13 can charge up to $5,000.  But usually the upfront costs can be much lower (usually around $1,500 but that is really case by case) with teh remainder getting paid through the court.

It sounds expensive, but a bankruptcy lawyer will get you through this with much more grace and victory than you could on your own. Not only will one help relieve you of some of your stress and debts, but it can help to secure your family both in the present and future.

If you are thinking about filing for Bankruptcy contact us today for a FREE consultation.
818-995-4200 

 

Get Financial Help by Hiring a Bankruptcy Attorney

Bankruptcy
In this economy, where countless people don’t have jobs, can’t find jobs, or have jobs, but are barely making enough to survive, things can become incredibly stressful. Sometimes it gets so financially rough that people turn to whatever they can to get out of debt and above water again. For a number of those people the only method to get everything sorted, even if for a short time, is to look to bankruptcy. It’s not ideal for anyone, but if you’re in a rough financial spot, it might be your best option. So how does it work?

Ask a Bankruptcy Attorney
Deciding to file bankruptcy means a lot more than most people realize – and you can’t do it alone. Putting aside some time to find a good bankruptcy attorney will help you out more than you know. First of all, they can go over the entire process with you and provide a step-by-step guide which will help ease some of the stress. Though, it’s not always as easy as simply asking questions.

You’ll have to gather up all bills and any other financial documentation and bring them to your bankruptcy attorney so they know exactly what kind of bankruptcy you should file. It’s best to be helpful and be a part of the process.

Common Bankruptcies
When you decide you need to file, a bankruptcy attorney will make sure you know which type you need to file under. The two most common types are Chapter 7 and chapter 13.

Chapter 7 Bankruptcy
Chapter 7 is the most common type of bankruptcy and is known by its liquidation of assets. In short, you sell off a lot of properties in order to pay off your debts and get back on your feet. There is a list of exempt items, but it varies from state to state. The right attorney will know what you can keep and what has to be sold, and they’ll be able to tell you what happens with secure loans such as car payments.

Chapter 13 Bankruptcy
When it comes to filing a chapter 13 bankruptcy, the process is a bit different as you agree to pay part of your debts. If you want to qualify for chapter 13, you need a reliable source of income so you can make payments, but if you can, it might be better for you than a chapter 7, as you save most of your property from liquidation.

If you find yourself in need of filing for bankruptcy, then finding a good bankruptcy attorney can be the most important part of the process. They know what needs to be filed and how to file the proper documents. They also just exactly what type of bankruptcy is right for you. Don’t do this alone! It can be stressful, and it’s easy to take the wrong step. Get some professional help and ease some of the burdens.

Out of State DUI Convictions.

Out of State DUI Convictions.

If you were charged with a DUI in another state within the last ten years, your chances of having your recent California DUI charged only as a first conviction depend on the specific laws of the other state.

In order for your first conviction to count as a prior in the state of California, the state that first arrested you must classify a DUI with all the same elements as a California DUI. For example, you can only be convicted of a DUI in California if you were operating your vehicle. In other words, you have to have actually been driving your car. In some states, however, you need only to be in control of your vehicle, meaning your car doesn’t even have to be running. You just have to be inside the vehicle and have possession of the keys required to operate it.

Differences like these could save you from the more severe consequences of a second conviction. If you think the California DMV may be wrongfully charging your first conviction as a prior, contact a lawyer to evaluate your unique situation. You may be able to challenge this charge by filing a Writ of Mandamus–a move that could spare you the major headache of a second conviction.

Let the skilled attorneys at Netzah & Shem-Tov take a look at your case and help you determine your best options. Even if a second conviction cannot be avoided, we will fight tirelessly to ensure your judgment is as light as possible.

Covenants not to Compete are Generally Not Enforceable in California

Covenants not to Compete

Generally, a covenant not to compete (“CNC”) is a provision in a contract which prohibits the parties to the contract from competing with each other if and when the contract terminates.  Normally, this is seen in contracts between an employer and an employee where the employer provides the employ with special training and knowledge during the term of the employment, but wants to make sure the employee does not later leave the employer and opens up his own business which would be in competition with the employer.

Enforceability in California

In California, CNC’s are generally not enforceable.  See Bus. and Prof. Code §16600.  That being said, California does allow for CNC’s in very specific circumstances.  These are limited to the following:

  • The sale of essentially the entire business and goodwill, where the buyer of the business continued the activities of the business (B&P §16601);
  • The dissolution of a partnership, or the dissociation of a partner from a partnership, where the retaining partner continues running the business of the partnership (B&P §16602); or
  • Similarly, the dissolution of an LLC or the termination of membership of a member of the LLC where the business of the LLC continues operating (B&P §16602.5).

Many contracts in California contain CNC’s, either because the parties (or their attorneys) are unaware of these provisions in the Business and Professions Code, or because they believe that the party on the other side will not know these provisions and will abide by the CNC fearing a lawsuit.

Whether you are a business hiring personnel, or a potential employee, you know your rights.  Do not sign any contract or agreement until you have it reviewed by an experienced business attorney.  Better yet, have the attorney draft the agreement, as there are many pitfalls in negotiating such contracts.  Netzah & Shem-Tov, Inc. has the experience and know how to represent you in these and other complex business and corporate matters.  It is far less costly to do things right the first time than to fix them later through litigation.

Chapter 11 and Relief from Stay: Special Rules for a Single Asset Real Estate Debtor

As discussed in a previous post, the automatic stay prevents creditors from pursuing a debtor for payment or from foreclosing on a debtor’s property. However, the automatic stay is not fool proof.  Creditors may file a motion with the bankruptcy court for relief from the automatic stay.  If the motion is granted, the stay will not longer apply to that particular creditor and as such the creditor may resume collection efforts against the debtor, including foreclosure. In a Chapter 11 case, if the debtor’s only asset is a single piece of real property, there are special rules which apply.  This type of Chapter 11 case is termed a “Single Asset Real Estate” case. One of the special rules in these types of cases is that, within 90 days of the filing of the case, the debtor must either propose a Plan of reorganization (that is, propose how it will handle its debts) or begin paying its secured creditors at least the interest owed to them.  If the debtor fails to do so within the 90 days, the secured creditor (the mortgage company, for example) has a right to relief from stay.  These rules are provided in 11 USC §362(d)(3). As you can see, Chapter 11 cases are complex.  It is therefore extremely important for a debtor to have experienced Chapter 11 counsel.  An attorney that only handles Chapter 7 and Chapter 13 cases will likely not know these, and other special rules which apply to Chapter 11 cases.  An oversight of §362(d)(3) by an inexperienced attorney can be very costly to a debtor trying to reorganize his debts.