INSIDE THE LAW

ECONOMIC JUSTICE IN TIMES OF CHAOS

2009-11-14T19:20:00.000-08:00

Seeking justice in times of chaos is not an easy task to undertake. Chaos comes in many different forms depending on the person and their particular circumstances. Maybe you have lost a job because your boss fired you, or you have been underpaid and are unable to pay your rent. A person's ability to pay their bills and keep food on the table is dependent upon their ability to receive a fair wage for a fair days work. Unfortunately some employers have a different opinion as to what is fair or they just don't care.

Employees should be given an uninterrupted lunch period and be paid for their overtime work. However, their are some employers that go to great lengths to take their employees time and not pay for it. We at the Wilson Trial Group are committed to bringing economic justice back to the employment market place. Taking on employers who fail to pay proper overtime or who fail to provide uninterrupted lunch periods is particularly fulfilling to us.

No one wants likes to have their property rights stolen from them, and that is exactly what is being taken from you when your employer fails to follow the wage and hour laws in California. Our mission is to bring these economic thieves to justice in Court, and expose their larceny. The only way to change these types of employers' conduct is to take them to court and punish them for the thievery they are committing. We at the Wilson Trial group are aggressive in championing your rights and look at it as an honor to prosecute your case.

INGLEWOOD POLICE SHOOT AND KILL MARCUS SMITH

2009-05-30T09:52:00.000-07:00

MARCUS SMITH WAS SHOT AND KILLED BY THE INGLEWOOD POLICE DEPARTMENT WHILE ATTENDING A BIRTHDAY PARTY. THE LAW OFFICES OF DENNIS WILSON HAS BEEN RETAINED BY THE FAMILY TO INVESTIGATE AND PROSECUTE THIS ACTION. WITNESSES REPORT THAT MARCUS SMITH WAS UNARMED WHEN POLICE OPENED FIRE ON HIM AT POINT BLANK RANGE. ATTORNEY DENNIS P. WILSON HAS BEEN OUT TO THE CRIME SCENE A NUMBER OF TIMES AND HAS TALKED TO MANY WITNESSES. ALL THE CIVILIAN WITNESSES INTERVIEWED AT THE SCENE WHO SAW THE SHOOTING ALL STATE THAT MARCUS SMITH DID NOT HAVE A GUN AND DID NOT POSE A THREAT TO ANYONE. INVESTIGATORS HAVE BEEN DISPATCHED TO THE LOCATIONS HAVE DEVELOPED SHOCKING ACCOUNTS OF WHAT REALLY OCCURRED. [SEE LOCAL NEWS RELEASES FOR DETAILS]

ACCORDING TO THE WITNESSES INTERVIEWED THE POLICE ENTERED THE LOCATION IN COMBAT FORMATION. THEY APPROACHED THE REAR OF THE APARTMENT COMPLEX AND THEN DREW THEIR WEAPONS AND SHOT MARCUS SMITH. ACCORDING TO THE PRELIMINARY RESULTS OF AN INDEPENDENT AUTOPSY MARCUS SMITH WAS SHOT MULTIPLE TIMES IN THE BACK. WITNESSES AT THE SCENE REPORT THAT THE POLICE HANDCUFFED EVERYONE, WERE VERBALLY ABUSIVE TO WITNESSES, BEAT UP MARCUS SMITH'S BLIND BROTHER, AND MAN HANDLED MANY PEOPLE AT THE LOCATION. THE RESIDENTS REPORT THAT THEY ARE AFRAID OF THE INGLEWOOD POLICE AND THEY WAY THEY TREAT WITNESSES.

THE INGLEWOOD POLICE DEPARTMENT'S PRESS RELEASES HAVE NOT BEEN ACCURATE ON THIS DISTURBING INCIDENT ACCORDING TO THE EYE WITNESSES AT THE SCENE. ATTORNEY DENNIS WILSON HAS LAUNCHED A FULL INVESTIGATION INTO THIS MATTER AND CONTINUES WITH THE FIRM'S ONGOING INVESTIGATION OF THE INGLEWOOD POLICE DEPARTMENT. PEOPLE KEEP GETTING KILLED BY POLICE OFFICER'S USE OF THEIR FIREARMS. TRAINING NEEDS TO BE EXAMINED AND THE POLICY AND PROCEDURES NEEDS AN OVERHAUL ACCORDING TO COMMUNITY LEADERS AND OTHER OFFICIALS. DPWLAW1.COM

STAND UP FOR YOUR RIGHTS IN INGLEWOOD

2008-08-17T22:17:00.000-07:00

Burbank Lawyer Dennis Wilson helps you stand up for your rights. In today's society, it is very difficult for an individual to take on City Hall. You need an attorney to help you fight injustice and oppression. There comes a time in each of our lives when we are faced with a situation where we are wrongfully accused, unjustly judged, or just labeled what we are not. These are the times when we should stand up and be counted. It's hard to face the noise and wall of fear without someone there who has been through it all before.

Fighting injustice and defending a person's rights is what Dennis Wilson does on a daily basis. His office handles major civil rights cases, criminal defense cases, and many other types of legal situations where someone needs help. The office is able to quickly respond to most legal problems and can call into action many resources to aid you in your time of need.

Currently the Law Offices of Dennis Wilson, working in conjunction with several other offices including those of Gregg Yates and Tony Luti is prosecuting another officer involved shooting in Inglewood. When Chief Seabrooks claimed that there were only two rounds discharged into Kevin Wicks the legal team was quick to prove this was wrong, because in fact Kevin Wicks was shot three times. The Inglewood Police Department has been requested to release the audio tapes of the 911 CALLS that night, but still has not done so. Chief Seabrooks has failed to contact the Law Offices of Dennis Wilson or any of the other Law Offices involved in prosecuting this case on behalf of the family.

The photograph of the front door, the civilian witnesses statements, the two autopsy findings, physical evidence at the apartment and other details of the investigation all point away from the Inglewood Police Department's version of what happened that night. This case is going to trial in Federal Court and the truth will shine through, injustice will be exposed, police policy and procedures will be brought into question, and there will be a jury verdict at the end of the day.

WRONGFULLY ACCUSED

2008-08-12T08:24:00.000-07:00

WHAT DO YOU FEEL WHEN YOU ARE WRONGFULLY ACCUSED OF A CRIME? THIS TYPE OF INJUSTICE HAPPENS MORE THAN PEOPLE THINK EACH DAY IN AMERICA. OUR SYSTEM OF JUSTICE IS SUPPOSE TO BE DESIGNED TO ENABLE YOU TO OVERCOME THIS OUTRAGEOUS SCENARIO. HOWEVER, IT TAKES TIME AND RESOURCES TO FIGHT INJUSTICE.

AVENGING INJUSTICE IS WHAT ATTORNEYS ARE SUPPOSE TO DO. IT IS A LONG AND HARD JOURNEY THAT THE CLIENT AND ATTORNEY ARE GOING TO TAKE TOGETHER. THE EMOTION EVOKED WHEN ONE IS WRONGFULLY ACCUSED IS AN ANCIENT ONE. HUMAN BEINGS HAVE SUFFERED THIS INJUSTICE SINCE THE EARLY CAVE PEOPLE FOUGHT OVER FOOD. ONCE ALL OF THE FACTS ARE UNCOVERED AND THE GROUP IS SHOWN WHAT REALLY HAPPENED ONLY THEN WILL A JURY BE ABLE TO JUSTLY ACQUIT YOU.

YOUR TRIAL LAWYER'S JOB IS TO TELL YOUR STORY BASED ON ALL OF THE FACTS AND SHOW THE JURY WHAT REALLY HAPPENED. THIS TAKES PATIENTS AND THE ABILITY TO BE IN TOUCH WITH THE GROUPS EMOTIONS AND CONSCIOUS. WHEN THESE THINGS ALL COME TOGETHER, THEN INJUSTICE IS SHOWN AND THE CIVILIZED GROUP CONSCIOUS WILL DO THE RIGHT THING.

KEVIN WICKS KILLED BY INGLEWOOD POLICE DEPARTMENT

2008-08-05T17:53:00.000-07:00

THE INGLEWOOD POLICE DEPARTMENT ALLOWED OFFICER BRIAN RAGAN TO REMAIN ON THE STREETS OF INGLEWOOD AFTER HE HAD SHOT AND KILLED AN UNARMED MAN AND SHOT OTHER UNARMED MEN IN MAY OF THIS YEAR. ON JULY 21, 2008, BRIAN RAGAN ALONG WITH OTHER INGLEWOOD POLICE OFFICERS POUNDED ON KEVIN WICKS APARTMENT DOOR WITHOUT ANNOUNCING THEIR IDENTITY AND WHEN KEVIN WICKS OPENED THE DOOR HE WAS SHOT THREE TIMES BY OFFICER RAGAN. KEVIN WICKS DIED FROM THE GUN SHOT WOUND INFLICTED UPON HIM BY OFFICER RAGAN.

THE INGLEWOOD POLICE DEPARTMENT HAD RECEIVED NUMEROUS 911 CALLS PRIOR TO THE 12:20 A.M. SHOOTING RELATED TO REPORTS OF A MAN HAVING A DISPUTE WITH A DOMESTIC PARTNER. THE MIDDLE UNIT UPSTAIRS WAS IDENTIFIED AND SUBSEQUENT CALLS CONFIRMED THAT THE PARTIES HAD MOVED DOWNSTAIRS. INGLEWOOD POLICE HAD RESPONDED MANY, MANY, MANY TIMES PRIOR TO THIS JULY 21, 2008 INCIDENT TO APARTMENT 11 AND KNEW THAT IT WAS A PLACE THAT WAS LEFT OPEN BY THE OWNER OF THE BUILDING. TENANTS HAD COMPLAINED ABOUT THE USE OF THIS MIDDLE UPPER UNIT AND NOTHING WAS DONE ABOUT IT BY THE OWNER.

THAT NIGHT OFFICER BRIAN RAGAN SHOT FIRST AND ASKED QUESTIONS LATER. BRIAN RAGAN HAS A HISTORY OF USING EXCESSIVE FORCE ON MEMBERS OF THE PUBLIC WHILE IN HIS INGLEWOOD UNIFORM ON DUTY AND THE COMMAND AT INGLEWOOD POLICE DEPARTMENT KNEW ABOUT THIS AND STILL LET HIM LOOSE ON THE STREETS TO PULL THE TRIGGER AGAIN ON INNOCENT MEMBERS OF THE PUBLIC. UNFORTUNATELY THIS TIME OFFICER RAGAN WAS ALLOWED TO LEAD A TEAM OF ARMED POLICE OFFICERS TO THE WRONG UNIT WHERE HE OPENED FIRED UNJUSTIFIABLY AND KILLED KEVIN WICKS.

CHIEF SEABROOKS WENT TO THE SCENE THAT NIGHT AND INTERVIEWED OFFICER RAGAN AND HIS COHORTS ABOUT THE SHOOTING DEATH OF KEVIN WICKS. AFTER INTERVIEWING RAGAN CHIEF SEABROOKS RELEASED INFORMATION TO THE PUBLIC THAT THERE WERE ONLY TWO SHOTS FIRED. AN INDEPENDENT AUTOPSY CONDUCT AFTER THE LA COUNTY AUTOPSY CONFIRMED THAT KEVIN WICKS WAS SHOT THREE TIMES. LEADS ARE NOW SURFACING THAT ESTABLISH THAT BRIAN RAGAN HAS HAD A HISTORY OF USING EXCESSIVE FORCE AGAINST MEMBERS OF THE INGLEWOOD COMMUNITY SINCE AT LEAST JULY OF 2005 WHEN RAGAN WAS INVOLVED WITH THE TASER SHOOTING OF AN UNARMED MAN IN THE BACK AND THE WHEN THE MAN WAS ON THE GROUND OFFICER RAGAN HIT HIM REPEATEDLY WITH HIS NIGHT STICK.

THIS TYPE OF POLICE CONDUCT AND FAILURE OF OVERSIGHT MUST BE CORRECTED FORTHWITH. A FEDERAL COURT ACTION HAS BEEN FILED ON BEHALF OF DONNA WICKS AGAINST OFFICER RAGA AND THE INGLEWOOD POLICE DEPARTMENT SEEKING AMONG OTHER THINGS THE ASSISTANCE OF THE COURT BY WAY OF MANDATORY INJUNCTION TO HAVE THE INGLEWOOD POLICE DEPARTMENT COOPERATE WITH AND TURN OVER TO THE CITIZENS OVERSIGHT COMMITTEES AND OTHERS ALL OF THE EVIDENCE AND FACTS IN THE KEVIN WICKS CASE. BRAIN RAGAN DOES NOT BELONG IN A POLICE UNIFORM BUT RATHER IN A PIN STRIPE UNIFORM.

TRIAL LAWYER'S AGENDA

2008-05-02T11:58:00.000-07:00

TRIAL LAWYERS TODAY SHOULD BE PROUD OF WHAT THEY ARE DOING FOR THEIR CLIENTS. OUR UNITED STATES CONSTITUTION IS THE BASIS OF THE RIGHT TO A JURY TRIAL. JOHN ADAMS WAS NOT ONLY ONE OF OUR FOUNDING FATHERS, HE WAS ALSO A TRIAL LAWYER. THE TRADITION OF BEING A TRIAL LAWYER DATES BACK TO THE FOUNDING OF THIS COUNTRY AND THE RIGHTS OF ALL PEOPLE.

YOU DO NOT HAVE TO BE A U.S. CITIZEN IN ORDER TO BE ENTITLED TO A RIGHT TO A JURY TRIAL IN THIS COUNTRY. OUR VERY SYSTEM OF JUSTICE IS PREMISES UPON THE RIGHT OF A PERSON TO HAVE 12 INDIVIDUALS HEAR THE FACTS AND RENDER A DECISION BASED UPON THE FACTS AND THE LAW AS GIVEN TO THEM BY THE COURT.

AS TRIAL ATTORNEYS PRACTICING IN BURBANK, THIS OFFICE HANDLES MANY DIFFERENT TYPES OF CASES THAT GO TO TRIAL. WE ALWAYS WANT TO PRESENT OUR CLIENT'S CASE TO THE JURY SO THAT THE CLIENT MAY BE HEARD BY HIS PEERS, AND SO THAT OUR SYSTEM OF JUSTICE CAN CONTINUE TO FLOURISH.

A JURY TRIAL ALLOWS THE CLIENT TO TELL THEIR STORY TO THE VENIRE AND ENABLES THIS OFFICE TO PRESENT OUR SIDE TO AN IMPARTIAL JURY OF PERSONS FROM THE COMMUNITY. ONE OF THE GREATEST PLEASURES IN LAW IS BEING ABLE TO TRY A CASE TO THE JURY. WE BELIEVE THAT IT IS NOT ONLY FUN AND EXCITING, BUT IT IS ALSO OUR WAY OF PARTICIPATING IN THE DREAM OF THE AMERICAN REVOLUTION.

FINDING A BURBANK TRIAL LAWYER

2008-02-29T19:48:00.000-08:00

When you look for a trial attorney to handle your case be sure to find one who has been in the Courtroom in front of a jury. You want someone who will be able to present your version of the facts in an effective and realistic fashion. Also you should check to see if the trial attorney is able to devote enough preparation time to your trial.

During the trial its your attorney's job to question each witness in order to present your truth. Jurors are people and that means they not listen to everything that is being said. All you can do is hope that they will not be more absorbed in their own lives then in listening to your life. This is a reality in the Courtroom. After trial studies show that jurors do not always track the evidence and the testimonies and many times just want to get back to their own lives.

Should we expect jurors who are forced into service to want to take the extra time to review all of the evidence and the witnesses testimonies before they render a decision? Should jurors be paid more so they want to hear the case and deliberate? Should we look into establishing a system where sitting jurors are paid a premium to deliberate?

This is the best system in the world, but there is room for improvement. Post your comments on how we can improve the jury system so that all of the people and others can get a reasoned trial where the jurors want to listen to the evidence.

CUSTODY DISPUTES DURING THE HOLIDAYS

2007-12-16T14:50:00.000-08:00

DURING THESE HOLIDAY TIME MANY FAMILIES EXPERIENCE AND INCREASE IN DISCORD BECAUSE OF THE STRESS INVOLVED IN THE HOLIDAY SEASON. INSTEAD OF THIS BEING THE HAPPIEST TIME OF YEAR FOR YOUR CHILDREN THERE ARE THOSE WHO TURN THIS TIME OF YEAR INTO A CHRISTMAS NIGHTMARE. FIGHTING OVER VISITATION TIME, ACTIVITIES AND OTHER EVENTS THAT INVOLVE THE CHILDREN IS NOT IN THEIR BEST INTERESTS.

WHAT YOU SHOULD BE TRYING TO DO IS EXACTLY WHAT THE COURT WANTS TO DO,AND THAT IS LOOK OUT FOR THE BEST INTERESTS OF THE CHILDREN. THE COURTS ARE VERY CROWDED, JUDGES ARE ON VACATION AND TEMPERS ARE HIGH DOWN AT THE COURT HOUSE. WHEN YOU DO HAVE TO GO TO COURT YOU BETTER MAKE SURE THAT YOUR PAPERS ARE IN ORDER, YOU HAVE TRIED TO RESOLVE THE ISSUE INFORMALLY FIRST, AND THAT YOU HAVE AN ATTORNEY CAPABLE OF HANDLING THIS TIME OF YEAR.

MANY PARENTS START DRINKING AND USING, ENDANGER THE CHILDREN, LEAVE TOWN OR SUBJECT THE CHILDREN TO UNWARRANTED PROBLEMS. YOU WILL NEED TO ACT QUICKLY AND COMPETENTLY TO SAVE THE CHILDREN'S CHRISTMAS. DO YOU HAVE A LEGAL PLAN AND THE RIGHT ATTORNEY TO INTERVENE RAPIDLY? MAKE THIS A WONDERFUL CHRISTMAS FOR THE CHILDREN AND WORK IT OUT WITH THE OTHER PARENT. IF YOU CAN'T DO THAT THEN TAKE THE LEGAL ACTION TO PROTECT YOUR CHILDREN.

Blogger Buzz: Blogging from YouTube

2007-11-30T20:59:00.000-08:00

Blogger Buzz: Blogging from YouTube

FAMILY SERENITY FOR THE HOLIDAY CUSTODY AND VISITATION TIME

2007-11-11T14:55:00.000-08:00

It never seems to fail that during the holiday season many problems arise in families that are going through a divorce or have lingering custody issues. Try to minimize the need to call your attorney during the holidays. You may not need to take legal action just because there is a dispute about a drop off or pick uptime or because you feel that the children really want to spend more time with you. First try to work it out with your ex. This will help minimize the stress to the children and will provide you with an evidentiary showing that you first tried to work out a reasonable result with regards to the visitation.

If you can't work it out, then try to first have your attorney send a letter with a short time frame attached to it and which references your informal attempts to work out the dispute. It can be quite costly to seek legal redress during the holidays because of time constraints, the crowed courts and other factors. As a last resort you may have to seek an order from the Court with regards to the visitation and custody issues if it is truly an emergency situation or there is a likelihood that irreparable harm may result if relief is not granted.

It can be quite tricky if you are going to apply ex parte to the Court for a shortened period of time to seek the Court's intervention. There will be time that has to be spent preparing declarations, moving papers, ex parte papers and other documents needed to be filed with the Court. If you have to go this route make sure that you do not skimp and spend the extra time and money to obtain the best result for the children. Your attorney should will be able to guide you through this mine field and have you walk out relatively unscathed at the end.

RISING INTEREST RATES AND YOUR FALLING HOME VALUE

2007-10-02T21:26:00.000-07:00

Everytime that the Federal Reserve raised interest rates in the last one and one half years there was a corresponding effect on your existing home value. As interest rates increased the price of loans also increased. This had the effect of increasing the monthly real price of your loan servicing and squeezing people out of the market as it became more and more expensive to make the monthly loan payments. As there were less and less buyers the demand for property decreased which caused a corresponding drop in the value of the properties. The Federal Reserves' recent lowering of the interest rates has only had a negligible effect on overall interest rates because everyone figures that the Fed will not lower the rates anymore.

All of this means that if you had an adjustable rate loan tied to the Federal Funds rate your interest rate increased over time as did your monthly loan servicing payments. Also, at the same time your equity was being depleted as the value of your house decreased. At some point if these variables continue in the same direction you will end up upside down on your loan versus your property value. With a no equity position and increasing monthly payments your reserves are being drained and you are falling deeper and deeper into debt. Your entire financial future has now been ruined by the loan broker, banker or agent that put you into your loan, and they knew this was going to happen to you. Those hollow promises that you would be able to refinance your way out of this predicament were carelessly made by your lender or facilitator and may be actionable.

You have real damages because the cost of your borrowing over the life of the loan just keeps increasing, your credit rating is falling, your equity has evaporated and you have nothing to show for your hard work. Forget about refinancing becasue with the implosion of the subprime market any hope of obtaining a 100% loan has disappeared with your agent's business. Who's going to pay for your damages and how are you going to be able to avoid certain financial death for the next several years.

The Law Offices of Dennis P. Wilson is exploring the possibilities for you and may be able to help. You need to review all of your loan documents, closing statements and other representations made to you by the lenders or their agents. If they knew or should have known that you could not afford the effects of an upturn in the interest market and if they failed to properly inform you of the potential consequences than you may be able to take legal recourse against your lender. Contact the Law Offices of Dennis P. Wilson to find out what they have to say about your problem.

THE PRICE OF JUSTICE

2007-09-20T09:07:00.000-07:00

IN TODAYS LEGAL SYSTEM THE ONLY REAL WAY FOR A JURY TO COMPENSATE A VICTIM FOR THEIR INJURIES IS BY ASSIGNING A MONETARY VALUE TO THE INJURIES. WHEN PEOPLE FIRST CAME UP WITH THE IDEA OF MONEY IT WAS MAINLY FOR TRADE SO THAT CHICKENS AND HOGS AND PRODUCE AND OTHER THINGS DID NOT HAVE TO BE EXCHANGED WHEN PEOPLE WERE ACQUIRING THINGS THEY NEEDED. CONSEQUENTLY, MONEY TOOK ON AN IMPORTANT ROLE IN OUR SOCIETY AS A MEDIUM THAT SYMBOLIZES VALUE. IN OUR CIVIL JUSTICE SYSTEM, WE CAN NOT GIVE A PERSON BACK THEIR ARM OR LEG OR LIFE AND WE CAN NOT TAKE AWAY ALL OF THE PAIN AND SUFFERING THAT EACH PERSON SUFFERS AS A RESULT OF ANOTHER PERSON'S NEGLIGENCE. THUS, WE HAVE DECIDED THAT IN A CIVILIZED SOCIETY WE SUBSTITUTE MONEY FOR KING SOLOMON'S JUSTICE.

HOW DOES ONE DECIDE WHAT PRICE TO PLACE ON A PERSON'S INJURIES? DO WE USE OUR OWN INJURIES AS A GAUGE? WELL, WE CAN, BUT EACH PERSON'S PAIN THRESH HOLD AND FEELINGS ASSOCIATED WITH THEIR PAIN ARE UNIQUE TO THAT PERSON. SOME SAY THAT PEOPLE SHOULD BE COMPENSATED FOR THEIR MEDICAL BILLS, BUT NOT THEIR PAIN AND SUFFERING BECAUSE EVERYONE DEALS WITH THEIR OWN PAIN AND SUFFERING. IS IT FAIR TO GIVE A PERSON WHO CAUSED SOMEONE ELSE'S PAIN AND SUFFERING A FREE PASS AND ABSOLVE THEM OF THEIR PERSONAL RESPONSIBILITY FOR CAUSING THE PROBLEM? LIFE BRINGS WITH IT CONSEQUENCES AND FOR EVERY ACTION THEIR IS A REACTION. FOR EXAMPLE, A CAR ACCIDENT IS CAUSED BY SOMEONE AND THEIR IS A VICTIM OF THE CRASH. SHOULD A VICTIM HAVE TO BEAR RESPONSIBILITY FOR THEIR OWN INJURIES BECAUSE SOMEONE ELSE CRASHED INTO THEM? BY THE SAME TOKEN, IF SOMEONE ACCIDENTALLY CRASHES INTO YOUR HOUSE, SHOULD YOU HAVE TO PAY THE COST OF REPLACING ALL OF THE DAMAGED PARTS AND THE DOG THAT WAS KILLED?

IN ANY EVENT, WHEN YOU ARE PRESENTING A CASE IN BURBANK COURT AND REQUESTING MONETARY DAMAGES FOR YOUR INJURIES, YOU ARE LIKELY TO HEAR JURORS SAY THAT YOU SHOULD ONLY RECEIVE YOUR MEDICAL BILLS THAT ARE REASONABLE. THAT MEANS THAT YOU HAVE TO PAY OUT OF YOUR POCKET FOR ALL OF THE MEDICAL BILLS THAT THE JURY DID NOT AWARD TO YOU. WHAT A WIN FALL FOR THE DEFENDANT WHO CAUSED THE PROBLEM! THEN, FOR EVERY DAY YOU WERE IN EXCRUCIATING PAIN THEY JURY WILL HAVE TO DECIDE HOW MUCH MONEY JUSTICE TO AWARD YOU FOR THAT PAIN THAT YOU DID NOT HAVE BEFORE YOUR BACK WAS WRECKED BY THE PERSON WHO DROPPED A BAG OF CEMENT ON YOU AT HOME DEPO. THE JURY WILL ALSO HAVE TO DECIDE WHAT FUTURE PAIN AND SUFFERING TO AWARD YOU AND WHETHER YOU ARE ENTITLED TO DAMAGES FOR EMOTIONAL DISTRESS.

EMOTIONAL DISTRESS FROM A BACK INJURY CAN BE QUITE DEVASTATING BECAUSE ONCE YOU ARE UNABLE TO SIT, STAND OR WALK WITHOUT PAIN, YOU ALSO SUFFER FROM DEPRESSION AND OTHER PSYCHOLOGICAL PAINS THAT HAVE CLEARLY BEEN CAUSED BY THE NEGLIGENCE OF ANOTHER PERSON. THIS OTHER PERSON MAY HAVE INSURANCE, WORK FOR A LARGE COMPANY THAT HAS INSURANCE OR OTHERWISE IS ABLE TO PAY THOUSANDS OF DOLLARS A DAY FOR THEIR ATTORNEYS. ON THE OTHER HAND, THE PLAINTIFF HAS TO RELY ON THEIR ATTORNEY TO PAY ALL OF THE COSTS OF COURT AND TRIAL (THOUSANDS AND THOUSANDS OF DOLLARS) AND FOREGOING ATTORNEY'S FEES UNLESS THEY RECOVER DAMAGES FOR YOU. WOULD YOU PAY TO FIX UP A POOR PERSON'S HOUSE IN DESPERATE NEED OF REPAIR, PUT IN NEW PLUMBING AND LANDSCAPING, PAY THE MORTGAGE COSTS ON A HOUSE YOU DO NOT LIVE IN, AND IN A FALLING REAL ESTATE MARKET FOREGOING BEING PAID FOR YOUR TIME AND COSTS UNLESS YOU WERE ABLE TO SELL THE HOUSE AT A PROFIT HIGH ENOUGH TO PAY THE OWNER A FAIR PROFIT? WELL THAT'S WHAT PLAINTIFF ATTORNEY'S DO AND THEY ALSO CHAMPION JUSTICE FOR THE INDIGENT, LESS ADVANTAGED AND THOSE WHO CAN NOT FIGHT FOR THEMSELVES.

SO WHEN YOU ARE DETERMINING HOW MUCH MONEY JUSTICE TO RENDER WHEN YOU ARE ON JURY DUTY, DON'T GIVE THE DEFENDANT A FREE PASS. MAKE SURE THAT YOU CAREFULLY CONSIDER EACH ELEMENT OF THE DAMAGES THAT THE PLAINTIFF CLAIMS THEY SUFFERED. DO NOT GIVE THE PLAINTIFF MONEY UNLESS YOU BELIEVE THEM AND THEN COMPENSATE THEM FAIRLY. A SMALL AWARD OF PAIN AND SUFFERING MAY BE ALL YOU WANT TO AWARD, BUT DON'T DO IT JUST BECAUSE YOU CAN. BE FAIR AND IF A PERSON HAS SUFFERED THEY SHOULD BE MADE WHOLE. IF THAT MEANS AWARDING THOUSANDS AND THOUSANDS AND THOUSANDS OF DOLLARS, THEN YOU HAVE A MORAL OBLIGATION TO FOLLOW THE LAW AND MAKE THAT AWARD.

INTERPRETING LEASE CONTRACTS

2007-09-02T14:08:00.000-07:00

BEFORE YOU SIGN ANY LEASE FOR RESIDENTIAL OR COMMERCIAL PROPERTY YOU SHOULD HAVE YOUR BURBANK ATTORNEY REVIEW IT FIRST. THIS WAY YOU WILL BE ABLE TO HAVE SOMEONE EXPLAIN TO YOU EXACTLY WHAT YOU ARE SIGNING AND WHAT YOUR OBLIGATIONS WILL BE UNDER THE CONTRACT. ITS A LOT EASIER TO WORK OUT A CONTRACT CHANGE BEFORE YOU SIGN IT THAN AFTER YOU HAVE COMMITTED YOURSELF AND SIGNED IT. IT IS WELL WORTH THE MONEY YOU WILL PAY TO HAVE YOUR ATTORNEY REVIEW THE CONTRACT AND EXPLAIN IT TO YOU VERSUS HAVING TO PAY YOUR ATTORNEY THOUSANDS AND THOUSANDS OF DOLLARS TO LITIGATE THE CONTRACT IN COURT.

MOST REAL ESTATE CONTRACTS ARE FORM CONTRACTS WRITTEN FOR THE BENEFIT OF THE LANDLORD. YOU CAN MODIFY THEM BEFORE YOU SIGN THEM THROUGH THE USE OF CROSS OUTS AND ADDENDUMS. A CROSS OUT IS SIMPLY CROSSING OUT WORDING OR SECTIONS THAT YOU DO NOT WANT TO BE INCLUDED. AN ADDENDUM IS THE PRACTICE OF ADDING ADDITIONAL TERMS AND CONDITIONS INTO THE CONTRACT THAT ARE BENEFICIAL OR UNIQUE TO YOUR POSITION. BY USING CROSS OUTS AND ADDENDUMS YOU CAN TAILOR THE LANDLORD'S CONTRCT TO YOUR ADVANTAGE AND GAIN SECURITY AND COMFORT IN CASE THE CONTRACT HAS TO BE LITIGATED.

YOUR BURBANK ATTORNEY CAN REVIEW YOUR CONTRACT AND DRAFT ADDENDUMS FOR YOU AS WELL AS HELP YOU HAND TAILOR CROSS OUTS OF SECTIONS THAT MAY CAUSE YOU PROBLEMS IN THE FUTURE. PAYING $300 TO $400 PER HOUR IS A LOT MORE ECONOMICAL THAT PAYING THOUSANDS AND THOUSANDS OF DOLLARS FOR LITIGATION COSTS. PLAY IT SMART AND DO WHAT THE LANDLORDS DO, HAVE YOUR BURBANK ATTORNEY REVIEW ALL OF YOUR CONTTRACTS BEFORE YOU SIGN ANYTHING.

BURBANK TRIAL ATTORNEY HELPS CLIENT IN CRIMINAL JURY TRIAL

2007-08-25T22:20:00.000-07:00

THE JUDGE ASKED THE ATTORNEYS IF THEY WERE READY TO PROCEED WITH THE JURY TRIAL. BOTH THE DISTRICT ATTORNEY AND THE BURBANK CRIMINAL DEFENSE ATTORNEY ANSWERED "READY FOR TRIAL". WITHIN 45 MINUTES THE VOIR DIRE PROCESS HAD BEGUN AND EACH SIDE WAS ALLOWED TO ASK QUESTIONS OF THE POTENTIAL JURORS. THIS PART OF THE CASE CAN BE HARROWING FOR THE CLIENT AS THEY MUST SIT THROUGH A PROCESS WHERE SOME POTENTIAL JURORS LOOK AT THEM AND SAY THAT THEY MUST BE GUILTY IF THEY ARE SITTING AT THE BURBANK DEFENSE ATTORNEY'S TABLE. EACH PERSON UP IN THE BOX IS QUESTIONED ABOUT THEIR PREJUDICES AND THEIR ABILITY TO BE FAIR. ALL YOU CAN HOPE FOR IS THAT THEY TELL YOU THE TRUTH.

ONCE THE JURY IS SELECTEDNEXT THE DISTRICT ATTORNEY GIVES THEIR OPENING STATEMENTS WHERE THEY EXCLAIM THAT THE DEFENDANT SITTING AT THE BURBANK DEFENSE ATTORNEY'S TABLE IS GUILTY AND THAT ALL THINGS RIGHT ARE ON THE SIDE OF THE PEOPLE. WHEN IT COMES TIME FOR THE BURBANK DEFENSE ATTORNEY TO GIVE HIS OPENING ARGUMENT, HE REMINDS THE JURORS THAT THE DEFENDANT IS INNOCENT UNTIL PROVEN GUILTY AND THAT THE JURORS PROMISED NOT TO MAKE UP THEIR MINDS UNTIL DELIBERATIONS. NOW A REVIEW OF THE DEFENSE CASE IS GIVEN IN DETAIL BY THE BURBANK DEFENSE ATTORNEY AND AS HE SITS DOWN HE ASKS THE JURORS TO "BE OPEN TO THE POSSIBILITY THAT THE DEFENDANT IS NOT GUILTY."

THE NEXT THING THAT HAPPENS IS THAT THE DISTRICT ATTORNEY PRESENTS THEIR CASE THROUGH WITNESSES AND ATTEMPTS TO ELICIT INFORMATION THAT CASTS THE DEFENDANT IN A FALSE LIGHT. THE BURBANK DEFENSE ATTORNEY QUESTIONS EACH WITNESS ON CROSS EXAMINATION SHINNING LIGHT ON INCONSISTENCIES AND CROSS IMPEACHES THE PEOPLE'S WITNESSES. ONCE THE PEOPLE REST AND AFTER SOME PREFUNCTORY MOTIONS THE BURBANK DEFENSE ATTORNEY CALL HIS WITNESSES AND USES THEM TO TELL THE DEFENDANT'S TRUTH ABOUT WHAT HAPPENED. THE LAST WITNESS TO TAKE THE STAND IS THE DEFENDANT. ONCE ALL OF THE EVIDENCE HAS BEEN PRESENTED EACH SIDE IS GIVEN A CHANCE TO PRESENT A CLOSING ARGUMENT. THE PEOPLE GET TO DO AN OPENING CLOSING, THEN THE BURBANK DEFENSE ATTORNEY GIVES HIS ONLY CLOSING AND THEN THE PEOPLE ARE ALLOWED A FINAL CLOSING.

ONCE THE JURY IS GIVEN THE CASE IT TAKES THEM APPROXIMATELY TWO AND ONE HALF HOURS TO RETURN A NOT GUILTY VERDICT. THE JURORS REPORT THAT THEY REVIEWED ALL OF THE EVIDENCE AND WENT OVER EACH WITNESS' TESTIMONY. IT WAS A FAIR TRIAL AND A FAIR DELIBERATION AND THE FINAL RESULT WAS THAT THE BURBANK DEFENSE ATTORNEY HELPED HIS CLIENT THROUGH A CRIMINAL MISDEMEANOR TRIAL THAT LASTED ELEVEN DAYS CULMINATING IN A NOT GUILTY VERDICT IN EAST LOS ANGELES ON AUGUST 21, 2007.

INSIDE BURBANK LAW: CHECKING HOUSES

2007-08-13T21:44:00.000-07:00

Burbank Lawyer Dennis Wilson helps you with your questions about buying a house in todays changing real estate market. Based upon the current changing housing market conditions it is even more important today to do a comprehensive home inspection of the house you want to buy. Many sellers fail to disclose material facts that have an impact on a house's value. You need to ask the seller specific questions in addition to the standard disclosures.

You should insist that the seller meet with you so that you can conduct an examination of their knowledge about the house. The seller can tell you things about cracks in the foundation, fire damage, water damage, paint used, run off problems, nusiances in the neighborhood and many other details that you are going to want to know about. It would be a good idea to have your attorney present when your are interviewing an owner who is selling their house.

Dennis Wilson can provide you legal representation before you have any problems and he can interrogate the owner for you. It would be a good idea to have the owner of a home fill out the attorney home transfer questionaire that Dennis P. Wilson can personally tailor for your real estate purchase needs. You can also have your attorney visit the house with you so that photographs can be taken as well as a visual inspection conducted by a real estate attorney. The costs of having Dennis Wilson go out to the house you want to buy, conduct an inspection, interview the seller and photograph the house is well worth the price. This will be the best investment you can make and will provide invaluable insight into the real estate process. Call attorney Dennis Wilson today at 1-877-DPWLAW1.

BURBANK FAMILY LAW ATTORNEY SEARCHES FOR TRUTH

2007-08-02T12:57:00.000-07:00

When you hire a Burbank family law Attorney you want someone who will spend the time necessary to understand your case and fight for your rights. If you are facing a child custody proceeding you want to make sure that the Court has all of the relevant information to help it make the right decision. Your attorney needs to make sure that you submit addmissible evidence to the Judge for consideration.

Consequently, it may be necessary to obtain declarations from people with personal knowledge of the facts related to the child custody proceedings such as time spent by the parents with the children, abuse of the children either physically or emotionally, and other things that directly impact the children. The Court and everyone else is interested in what is in the childrens best interest, and which parent is going to foster continuing and ongoing contacts with the children and the other parent.

A Burbank attorney can help you negotiate the tricky child custody proceedings and make sure that you put your best foot forward. In other words, you need to let the Court know who you are, how you are helping your child become a more productive member of society, how you are not interfering with the other parents continuing and ongoing contacts with the children as well as many other things that your burbank attorney can cast light on for the Court. A Family Law attorney has to be a good listener, well versed in the rules of evidence, able to draft a straight forward and compelling declaration and argue your postion effectively to the Court. This search for the truth in the proceedings by your attorney will not only help you and the children, but will also makes our society a better place to live in each day.

BURBANK ATTORNEY INVESTIGATES THE FACTS OF YOUR CRIMINAL ACTION

2007-08-01T18:53:00.000-07:00

Burbank Attorney Dennis Wilson will take your case seriously when you hire him. He will interview you and the witnesses associated with your case in order to get the complete story of what happened. Mr. Wilson will also visit the scene of the alleged incident and the arrest location so that he can familiarize himself with the details of your case. A good Burbank criminal defense attorney will be willing to devote the time necessary to prepare your best possible defense.

Expect to have to do quit a bit of work with Mr. Wilson reenacting the facts related to the incident. The details of the incident will usually set an innocent person free. However, additional work will be required to help you prepare to testify in your own defense. A criminal defense attorney needs to be intimately familar with all of the facts in the case in order to search out the truth at the time of trial and to present the case accurately to the jury. The only way to do this is to conduct an investigation of the Police's report and the details therein. Dennis Wilson's prior experience and intuitive analysis enables him to fully understand the most obscure details of your case and bring them to light at an opportune time to shed light on the truth. You want an attorney that is going to fight your criminal charges and fight for you in Court.

USE YOUR BURBANK ATTORNEY TO REVIEW CONTRACTS

2007-08-01T08:32:00.000-07:00

One of the valuable uses you can employ your attorney for is the review of contracts that you plan on signing. Although you may have a general familiarity with the terms in the contract, an attorney can give you insight into the legal significance of the terms and tell you what your obligations may be under the contract.

You can also have your attorney propose alternate terms and conditions more favorable to you. Its important that your attorney be given background information on the deal at hand, the players and the roles that everyone is going to assume. This will enable your attorney to tailor the terms to your advantage and try to protect you as best as possible.

The Law offices of Dennis Wilson provides contract review legal services. Dennis Wilson will meet with you in person and answer your questions, review your documents and provide alternate language if you want same. Additionally, Mr. Wilson will explain potential problems and benefits that he sees in the contract. No contract is bullet proof, but it helps to know where you might expect problems and where you can expect to maximize your benefits.

BURBANK LAWYER SUCCESSFUL AFTER LONG JURY TRIAL

2007-07-20T17:41:00.001-07:00

The Law offices of Dennis P. Wilson just completed a jury trial that lasted approximately 4 weeks in the Burbank, california Court house. Dennis P. Wilson was able to successfully defend his client from various allegations made by a contractor and defeat the contractor's claim against his client. The jury deliberated for approximately 4 days after listening to all of the evidence and hearing the Judge's instructions. The Court had the verdict recorded on July 16, 2007.

Although you do not want to have to go through a jury trial, you should be sure that the attorney you choose to handle your case has the ability and stamina to handle a long jury trial. In this case, the Court allowed mini-opening statements which necessitated boiling down the case into a two minute statement. This helped the jury focus during voir dire (the jury selection process) and enabled the attorney to get a feel for the jurors that would be sitting in judgment of his client.

If you would like more information about the jury process, what it takes to complete a jury trial or any other information, contact the Law Offices of Dennis P. Wilson. Their web site is www.dpwlaw1.com. the phone number is 1-877-dpwlaw1. Call an attorney who knows how to navigate the court system and follow the rules to obtain a successful result. Whether it is defending a civil action, a criminal case, a domestic violence matter or any other legal problem, you want an attorney in Burbank, California who can get results.

ATTENTION TO DETAILS IN CONTRACTS

2007-06-27T17:42:00.000-07:00

Anytime you are entering into a contract make sure that you have the time to read it in detail. If there is anything you do not understand make sure you either ask the other party what it means and put the meaning down in writing or take the time to call a Burbank attorney for advice. When you do sign the contract, everyone will assume that you read it and understood it, including a Judge if the matter goes to litigation. Be sure that any definitions you arrived at are included in the contract. This way there will be no misunderstanding as to what means what.

You have a right to include your own terms and conditions in the contract and negotiate the other terms and conditions in the contract. Try and be as specific as possible and spell every possible contingency out in the contract. The details and wording are suppose to protect your rights. There are some standard provisions that should be in every contract including an attorney's fees provision. This provision will enable you to recoup your attorney's fees and costs if the matter is litigated and you prevail.

Having a Burbank attorney review your contract up front will not only be to your advantage it can save you money down the road. Also, an attorney can plan ways to help you maximize your return on your contractual rights. Most attorneys will be happy to charge you an hourly rate to review and edit contracts. This is probably the best approach as opposed to a flat fee. Flat fees for reviewing a contract have the disadvntage of creating an incentive for the attorney to short cut the review process. A detail review may cost a bit more up front, but in the long run quality work product is what you want and not short cuts.

REAL ESTATE LAW IN BURBANK

2007-06-13T14:16:00.000-07:00

Real estate values in Burbank are currently stagnate or declining because of market conditions. There are big incentives for sellers to try and unload their houses on you and for buyers to try and take advanatage of you. It is extremely important in this market to make sure that you thoroughly check the property for defects and check the title for clouds. A good review of the sales contract is imperative.

Utilizing a Burbank attorney to help you with reviewing the various documents, contract and escrow instructions can save you thousands of dollars in the long run. Have your attorney review the sales contract before you sign off on same. Your attorney can explain the details and tell you what everyone's obligations are in the transaction. You want to try and avoid litigation over potential breaches of contract, failures to disclose, buyers tying up your property and other related issues.

Remember, an hourly rate of $300 to review your documents and tell you what you need to do can save you the expense of a long and drawn out law suit. Real estate litigation can literally cost hundreds of thousands of dollars and subject you to other costs and headaches. Play it smart and hire an attorney to help you. Burbank lawyers are there to help you and save you money and headaches.

BURBANK CRIMINAL DEFENSE LAWYER CHALLENGED

2007-06-12T17:39:00.000-07:00

Not every case is a slam dunk for the prosecution. There are instances when someone who faces criminal prosecution in Burbank may be able to assert their rights and prevail. An attorney will be able to review the police report, the evidence, the witness statements and other facts, and then determine if a motion to suppress or some other type of motion should be filed. A Burbank attorney should be able to look at all of the evidence and then if warranted file a motion to suppress if all of the proper procedures and protocol have not been followed.

For instance, in a case involving a police stop, the defendant is entitled to have been stopped for a proper reason. It is important that if you are stopped that you pay attention to your surroundings and keep in mind that you may need witnesses to verify your version of the facts. A police officer prepares a report of what happened and submits it to the Court. You also can prepare an accounting of what happened and submit it to your attorney.

Criminal defense attorneys are only as good as the facts of the case. For instance, if you say that something found by the police is not yours, and you have witnesses to verify same, then you have a strong argument to make to the Court. Additionally, if you are able to prove that you never gave the police your consent to search and you have unbiased witnesses, that may carry the day with the Judge reviewing your case.

If you have been stopped for a DUI or other criminal offense, you should look for a good Burbank attorney to help you prepare your criminal defense. The work begins before your attorney goes to court. Witnesses have to be interviewed, your notes have to be reviewed and many other things done before the attorney walks into the Courtroom. Your first Court appearance will usually be the arraignment. If you already have begun the steps necessary to prepare your defense before the arraignment, you will be in a better position to achieve justice.

Whether you are charged with a felony or a misdemeanor, your liberty is still at stake. It is better that you do not speak to the police, but rather let your attorney speak to the police. Even a United States attorney who was questioned by Congress chose to assert 5th amendment rights and not speak. If you assert your rights and do not speak it can not be used against you. If you do speak, it will be used against you. Be careful and hire a Burbank attorney to defend your rights.

BURBANK ATTORNEY SAYS CHILD SUPPORT IS FOR THE KIDS

2007-06-12T15:24:00.000-07:00

When the Court Orders a spouse to pay child support to the other spouse for the children of the marriage it should be used for necessaries of life to support those children. Each time you pay child support make sure that you receive a receipt for your payment. This can be done by way of a cancelled check or a hand written receipt from the spouse that received the support payment. This is important in case an issue of payment arises in the future, and it always does arise.

Even if there is no Court order in place you should pay child support each month to the custodial parent. The children need to eat and be clothed and have a roof over their head. Issues as to visitation are independent of child support. If you are having trouble with your visitation you should contact an attorney to help you. Do not take matters into your own hands. There are many qualified attorneys in Burbank, California that can help you with your custody or support problems. Also, if there is a change in your financial status that prevents you from paying your support, then you have to go back to Court right away.

Your kids should not have to suffer because of personal issues between you and your spouse. Keep the kids out of the arguments and take the high road. This will not only make you a better parent in the long run, but it will also help your equities with the Court at the time of any hearing. Do not make the mistake of withholding support because you were denied visitation. Instead, make the support payment and document the denial of visitation. Contact an attorney as soon as possible so that you can see your children.

Child support is based upon a number of factors including the amount of visitation you exercise with your children (generally the more you see the children the less you pay in child support). Also, the parties respective incomes are calculated into the formula. Your attorney can run a Dissomaster to determine a rough estimate of what your support obligation should be based upon the above.

Remember that you are an example to your children and should teach them how to be responsible adults and good citizens. Children learn from watching you and following your lead. Good parents teach their children how to be good citizens which makes our society that much easier to live and work in on a daily basis. Keep your spirits up and your standards high and you will achieve justice for the children in your family.

BURBANK LAWYER DEFENDS PUBLICS RIGHTS

2007-06-07T17:00:00.000-07:00

When someone takes advanatage of the rights you are guaranteed under the United States Constitution, if you do not stand up for your rights you make it that much easier for the rest of us to lose our rights. For example, if you want to have the right to feel that your car or home should not be unreasonably subject to search by the authorities, you have to let them know that you will protect your privacy. You can protect your rights to privacy and your other rights under the U.S. and California Consitutions by asserting them whenever possible.

To assert your rights is an honorable thing in our Country and should not be discouraged or denigrated. Our forefathers in their wisdom felt that it was essential for us to have the rights of privacy, freedom from unreasonable searches and seizures and certain other inalienable rights. Let's not try to limit our rights, but rather to expand our rights. When you discourage others from exercising their rights, you are also causing a chipping away of your rights.

An attorney in Burbank, Califorina is here to help you preserve your rights. if you have had the government or some one else trample on your rights or you want to know what your rights are, call 1-877-DPWLAW1

BROKER ENTITLED TO COMMISSION

2007-05-19T20:52:00.000-07:00

The home sellers decided to list their house for sale with a local Burbank Real Estate Broker. The home was listed for $650,000.00. The listing contract contained a provision that if the listing agreement expired and the house was not sold then the broker still may be entitled to a commission if the house had been sold to a prospective buyer that later bought the house after the expiration of the listing agreement. Just because the buyer bought the house after the listing had expired does not mean that a commission is not owed.

Many prospective sellers tell their agents that if the house is shown to a buyer by the broker then the broker will be entitled to a commission. The enforceability of the agreement goes into basic contract principles and whether or not the broker expended time and other resources on behalf of the seller in order to market the property and whether the seller agreed that if the property was sold to someone it had been shown to that a comission would be due to the broker.

If you are faced with this problem you need to consult a lawyer in order to determine your rights. In Burbank this can be a problem for the unwary seller. Review all contracts closely and have your attorney in Burbank help you with all contracts.

INJURIED IN A CAR WRECK

2007-05-10T00:20:00.000-07:00

While driving home from work Tom is stopped at a red light listening to the radio. It's about 8:20 p.m. and the traffic is light on the cross street. The light was red when he approached it and stopped. All of a sudden Tom is hit from behind very hard by another car. Tom's car is pushed out into the intersection from the force of the impact which also tosses him around inside the vehicle. The noise is horrendous from this car wreck and Tom is scared and in shock.

What happens next is critical to Tom's well being. Should he get out of the car in the intersection? Should he call the police? How does Tom handle what has just happened to him?

First of all make sure you are in a safe location if you can. It is not safe to be in the middle of an intersection. Move your car to a safe place if you can. Also get a visual description of the other car and driver in case they try to flee the scene of the car wreck. Don't try and be a hero if they do leave. Call the police right away and report the accident, what happened and ask for help. Write down the other car's license plate number, type, model, year, VIN number, and description of any damage. Write down the damage to your car. Get the other driver's insurance information, their driver's license information, the physical description and all other identifying data. Get the names and phone numbers and addresses of all witnesses. If you are hurt call for an ambulance and seek emergency medical treatment. Attend to others in your car or at the scene if they are hurt. Be a good citizen.

Tell the police exactly what happened, what your injuries are, if you need medical help or are going to get medical help, give them all of the information you have gathered, get their names, and ask for a report number and what station they are from. If you have a camera in your car take pictures of the cars, the location, the police at the scene and the other driver and their passengers.

If you need additional information on how to handle a traffic accident call a lawyer. Monitor yourself after an accident as many times injuries do not surface until later or they get worse after the accident. Be careful out there.

CUSTODY THAT IS FOR THE CHILDREN

2007-05-07T19:51:00.000-07:00

The worst thing you can do is try and deprive the other parent from visiting with the children unless there is a need for Court intervention because of drugs, alcohol, violence or some other exigency. The kids need to see both parents as much and as often as possible. Taking out your frustrations with the other parent by interfering with the kids visitation rights not only is wrong, but it also is not in your childrens best interests.

Imagine you are 10 years old and your dad wants to see you, but your mom won't let him visit. You don't know it at the time that mom is doing this, but later when you grow up and find out, how do you think you willfeel about mom? Mom, i just wanted to see my dad. I thought he did not want to see me because of something I did wrong. I guess I am not worth seeing. This is what kids often tell themselfs in their heads when one parent prevents the other parent from seeing the kids.

Try to work it out with the other parent. You don't want an attorney getting involved in helping you work out the visitation scheduling unless it is absolutely necessary. You can do it your self without all of the acrimony.

IS THIS SEXUAL HARASSMENT?

2007-05-05T09:27:00.000-07:00

She had been working at the firm for about two months as a receptionist. The owner often would comment on her dresses and how he would like her to wear shorter ones. She had to get his coffee every morning and bring it to him at exactly 9:00 a.m. During these coffee serving services he would ask her to reach over a little further to pour the coffee so he did not have to move from behind the desk. On this particular day as she was reaching over the top of his desk some coffee spilled on some of his papers as she was pourng it into his cup. His face began to grimace and scowl at the same time as he roared, "You stupid bitch. Can't you see what you are doing? Go get some paper towels and clean up this mess." She was shocked, but dutifully scurried off to get the paper towels.

When she returned he had moved back from the desk and directed her over to his side of it so that she could clean the top of the desk. She thought to her self, "I'm glad that I don't have to reach across that desk." As she picked up the papers and patted them down, shenoticed that he seemed less agitated and was just looking at her. He asked her politely, "Oh, there some coffee over on the side of the desk where you were when you were pouring the coffee." As she reached over to get that spot she felt his hand ever so gently but persisently stroking her upper rear end with slow easy movements as he said, "I'm sorry dear that I yelled, I'm just under alot of stress." In a state of shock she just froze and did not know what to say. Him touching her sent chills of disgust through her entire body. Her mouth dropped as he was touching her from behind and she wanted to yell, but the old memories of how she had been abused in the past by her ex-husband just rolled over her like a tidal wave and numbed her feelings. She left the office and went directly to the restroom.

All of sudden she began to weep uncontrobably. She was a single mother who was struggling to feed her kids. Her job skills were not the best and her self esteem was very low. She thought to herself, "If I say anything I'm going to lose my job and we'll be right back on unemployment. How am I going to pay the rent and keep food in the refrigerator for my two children." This was a crisis that she felt had no happy ending for her or her family. She thought, "Well sometimes a mother has to sacrafice her dignity for her children. This will probably never happen again." She composed herself and went back to her work station hoping noone else had seen what happened to her. She was not only embarrassed that he had done this to her, but she also was petrified that someone might find out that it had happened and would talk about it.

As the months progressed so did his touches and provacative language. Each time she was triggered by his advances she retreated to the safe harbor of the women's room hoping that it would never happen again. She kept on wondering, "Why am I being pursued by this horrible man. Can't he see I don't want him touching me. I don't give him the time of day, but he keeps trying to touch me." He seemed to become more emboldened by her saying "No". She has thought about getting an attorney, but wonders how she will explain why she did not do something sooner.

WHAT TO DO WHEN THE POLICE COME KNOCKING

2007-05-01T23:10:00.000-07:00

The Police were knocking at the door saying we have a search warrant open up the door. You are half asleep because it is 6:00 a.m. As you roll out of bed and approach the door, the knocking gets louder and their voices are elevating "Open the door now before we break it down!" You are thinking what the hell is going on. What you don't know is that the Police want you off balance and intimidated so that you will be in the right psycholigical mood for them to have their way with you.

As you open the door they barge in and ask you "Are you John Smith" What you don't know is that they have already downloaded your driver's licesne picture from DMV and they know exactly what you look like. When you say yes with a perplexed look on your face, they immediately think "We have him on the run." What happens next is critical to your freedom. If they had enough evidence to arrest you they would have a warrant for your arrest. Since they do not have an arrest warrant they do not have enough to "Hook You Up." What you don't want to do is answer any of their questions except your name, and identifying information.

If the Police start asking you questions about anything else you need to exercise your Constitutional rights to say "If you want to know anything else you will have to speak to my attorney. Next you will hear "If you have nothing to hide you won't mind talking to us." Your response should be, "I feel more comfortable with you talking to my attorney." Next, they will tell you that if you speak to them it will show you have nothing to hide and things will go alot easier. What they are really saying "Is if you talk to us it will be a lot easier for us to catch you or interpret what you said in a way that will allow us to hook you up." All the Police at your door want to do is "Hook you up." They live for that thrill. All you want to do is exercise your Constitutional rights that our forefathers bestowed upon our nation. Be proud to exercise your rights especailly your right to counsel.

Real Estate Problem

2007-05-01T09:42:00.000-07:00

A buyer made an offer to purchase an apartment building. The seller inserted language in the offer that the deposit was to be released out of escrow and was not refundable if buyer defaulted. The rents listed were not enough to cover the loan buyer proposed in the purchase offer. The Buyer demanded that his deposit be refunded and the Seller refused. The Broker represented both the buyer and the seller, but took the seller's side in the matter. Buyer initiated litigation and then brought in a trial attorney. After a multi-week trial the jury returned a verdict for the buyer against the seller and the broker.

Fishing in Mongolia

2007-04-30T19:28:00.000-07:00

Today I met Lala, an eight year old boy who lived in Mongolia many years ago. He lived in a city of about 1,000,000 in a small house with his father, mother, three sisters and brother. Lala, was loved by his family as he was very helpful around the house and with the family. He looked forward to the first time that he would be able to go fishing with his father. That day finally came. They borrowed a van from their uncle Mo and the family drove off to the Ha sea which was a huge lake that was so big they called it a sea.

On the way to the sea Lala was talking to his sisters and brother about his big day. He was eight years old and going fishing with dad. The kids all piled out of the van and ran towards the water. Lala stayed back, even though his first instinct was to run off with his siblings. Lala and Papa unloaded the fishing gear with Mo and they made their way towards the water. Papa picked a safe spot and had Lala help him string the line through the loops in the pole and bait the hook. Papa helped Lala cast his line into the Ha sea just like he did with his father a generation before. The old red and blag Chinese fishing pole had been in the family for over 100 years and had seen made days fishing at the sea.

Papa let Lala hold the family fishing pole while it searched for a fish. Lala held the pole and moved it up and down in the water pleading to the generations of his family that had used the pole before for them to help him catch a fish that day for Papa. As he gazed out over the water he had dreams of good times and family outings that all revolved around fishing in the Ha sea. As he wandered through his thoughts of grandpa at the sea shore he was suddenly tugged back to the present by the pulling of the fishing pole down towards the water. What was this? Was there a fish on the line. he started to move towards the water, but Papa just said "Lala move back and start pulling in the fish." Lala moved backwards several steps and began reeling in the fish as it fought the line and bowed the rod. He finally conquered this monster of a fish that was all of 12 inched long. His first fish ever and Papa saw him catch it. Lala eat good that day at the Ha sea.

The first time he causght a fish his father was there to see the joy in his eyes. Through the years Lala loved to fish and watch the people, the water and their interactions with nature. Fishing was a relief from the daily struggles, a way to pass the time and provided some pretty good food to eat also. Lala has fished all over the world in fresh water and sea water. He knows his lures, his poles and his lines.

Lala came to the United States and continued to fish. One day he was looking at fishing poles in a store in California. He picked up a 15 to 25 pound rod and held it in his hands moving it up and down. He looked through the sight loops and they were straight. It appeared to be a good brand name fishing pole that had a good feel to it. He held a loop at the end with his index finger and thumb and and pulled it down to see how the resistance was when all of a sudden the pole snapped and shattered with a piece of it projecting into his face and slitting his eye. It took the sight completely out of his eye. Now Lala who loved to fish, fishes no more. Blinded in one eye and unable to muster the courage to go back to the water to fish, he is a broken man.

One day a few weeks ago he went to the beach with his friends and their family. He saw the father teaching the son how to fish and it broke his heart. He wants to get over this fear of fishing, but it is too emotionally painful. How can he hold a pole again when the last time he did it took his eye out. Not holding a pole for Lala is like loosing his family connection with the generations from the past. Lala now needs help to see his family history again, regain his sight and make this thing right. Lala has now retained a lawyer to help him with his problem.