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Many people are surprised to discover the different types of charges that can be filed when pulled over for alleged drunk driving. A prime example is the distinction between being charged with a DUI (i.e., driving under the influence) and being charged with a “wet reckless.” Let’s discuss in more depth…

Being accused of “unprofessional conduct” and having to confront the prospect of losing your professional license is daunting, and may even feel overwhelming. In this situation, it is perfectly understandable to feel stress and anxiety, but you need to quell those concerns by standing up and defending yourself. One of the best first steps to take is understanding the scope and legal parameters of what is deemed to be “unprofessional conduct” sufficient to risk losing your professional license.

In San Francisco and elsewhere in California, minors generally do not testify in court or speak directly to the judge in child custody cases. As a result, California courts typically appoint a minor's counsel who will be tasked with interviewing the child about their concerns and whether they have a preference to live primarily with one parent or the other (if they're old enough to do so). The role of a minor's counsel is to advocate on behalf of a child. In addition, the minor's counsel acts as a fact finder since they learn about the child's best interests including the health, safety, and welfare of the child. The minor's counsel needs to be this voice without compromising the rights of the child, including the child's emotional well-being. Their primary role is to consider what is the best interest of the child while not being bound by emotions that typically accompany a contentious divorce case that include a custody dispute.

According to California Health & Safety Code Section 11350(a), possessing a controlled substance is considered a misdemeanor criminal offense in the Golden State. If convicted of a misdemeanor offense, you could potentially be sentenced to serve up to 364 days in a county jail. In addition, you could be placed on probation or parole while also being subjected to random drug testing and searches by members of law enforcement. Nevertheless, being charged with possession of a controlled substance is not the same as being found guilty in a court of law. You have Constitutional rights that deserve protection, which include contesting criminal charges and only being convicted beyond a reasonable doubt.

In criminal law, many people believe that justice is served exclusively through the filing of criminal charges and prosecuting a defendant before a judge and jury with the intent to convict the defendant of the charges. This notion of how criminal law works is inaccurate. In fact, according to Article 1, Section 28 of the California Constitution, someone who allegedly suffered a “loss” due to a purported criminal activity has the option to pursue “restitution” from the individual, or individuals, who are convicted of the crime that caused the loss. 

Having an arrest on your record can haunt you for years into the future, even if any criminal charges were dropped or you were exonerated in a court of law by a jury of your peers. An arrest record can negatively impact your professional life and even your personal life. This is why The Geller Firm stands ready to help you remove the stigma of your arrest record by getting it sealed from public view. 

One of the most common questions asked by clients during the personal injury claims process is whether to accept a settlement offer from the insurance company or to roll the proverbial dice and take the case to court with the goal of securing a favorable verdict from a jury. The answer to this question is…it depends. No lawyer can provide a definitive yes or no answer until they've had a chance to speak to you directly, learn the specific details of your case, understand the contours of the settlement offer, and assess the viability to taking your case to a jury trial.

When you use your smartphone to order an Uber or Lyft, you have a reasonable expectation that the ride from Point A to Point B will be accomplished smoothly and without incident. Unfortunately, that is not always the case, and you may wind up getting into a serious accident while in an Uber or Lyft.

A California appellate court recently ruled that the method utilized by the California Department of Motor Vehicles to determine whether or not to suspend certain motorist’s driver’s licenses was unconstitutional. Specifically, the methods deployed by the state DMV in deciding whether to suspend the license of a motorist arrested for driving under the influence was determined to be a violation of due process.

The Governor of California signed S.B. 447 into law which enables plaintiffs to pursue recovery of non-economic damages, such as pain and suffering, in wrongful death lawsuits.

Getting into an accident and suffering a serious injury as the result of a careless motorist is bad. Learning that negligent motorist has no auto insurance coverage or little auto insurance coverage makes the situation even worse. This discovery often raises important questions like, “Can I even pursue financial restitution for my harms and losses when I was injured by an uninsured or underinsured motorist?” Another common question in this scenario is, “Who will pay for my medical expenses and reimburse me for my lost income?” These are perfectly valid questions that deserve an answer.

Criminal protective orders are routinely utilized by judges in California overseeing domestic violence criminal cases. In fact, in these types of cases, a California court will typically issue a criminal protective order as a matter course. This is done because a criminal protective order is essentially a type of restraining order.

For many people, their pet is a member of the family on par with a child. This is why it is fairly common for spouses to engage in heated disagreements when attempting to negotiate “pet custody.” In California, the landscape for these discussions was changed dramatically in 2019 when the state legislature passed, and the Governor signed, a new law directly impacting pet custody.

When parents decide to get divorced, the process can be stressful and emotionally charged, especially when it comes to the issue of child custody. This sensitive matter becomes even more complicated when you, or your spouse, has a substance abuse issue. If you are struggling with an addiction to opioids, alcohol, or any other substance, it is important to understand the uphill battle you are likely to encounter when seeking custody over your child, or children, during a divorce.

Here is a true story highlighting the risks associated with failing to plan your estate. A happily married couple with two teenage children worked diligently and saved their earnings to the point that they had an estate worth roughly $4 million. They resided in San Rafael, California (an affluent area in Marin County). Despite having a fairly large estate, the married couple opted to procrastinate and failed to invest the time and resources in creating an estate plan. Like many couples, they thought to themselves, “We'll get around to planning our estate another time.” Unfortunately, that time never arrived.  

A divorce case involving a parent with a mental illness or psychological condition is inherently complex and will prove challenging. Why? Because the terms “mental illness” and “psychological condition” are quite broad and may include a parent who is depressed, a parent with anxiety, and/or a parent struggling with dissociative personality disorder, bipolar disorder, or another serious condition. As you can tell, the nature of each disorder is different, which typically means how a particular mental illness or condition will impact a particular child custody case varies and is unpredictable.

When someone neglects to draft a will, trust or any type of estate plan before they die, then the laws of intestate succession come into play and govern how the decedent's assets would be distributed to any relatives. Basically, intestate succession means the government gets to control how the fruits of your labor are distributed to any surviving spouse, children, and other relatives.

Getting charged and convicted of a DUI is a serious offense that can have far-reaching ramifications, including on your chosen professional career. This is especially true when you need to maintain licensure for your chosen profession. For example, registered nurses can have their jobs put in jeopardy with a DUI conviction on their record. This is because a registered nurse convicted of a DUI will be subject to an investigation by the California Board of Registered Nursing (BRN).

When someone decides to take action and plan their estate, a common question arises: "should I create revocable living trust or draft a will?" This question is often followed by asking, "What are the differences between a trust and a will?" This article is intended to help address these important questions.

If you have been threatened by another individual or been subjected to physical violence, you may be able to obtain a restraining order that legally prohibits the individual from coming in contact with you or even being within a certain distance of your residence. If you are looking to get a restraining order, but are unsure about the legal process necessary to get one, this article is for you.

If you want to draft a Last Will and Testament (also simply referred to as a “will”), it probably means you want to take steps to protect your hard-earned assets and protect your loved ones. A will is a legal document that formally sets forth your wishes and preferences for how your property should be distributed and what should be done with any minor children (if applicable). A will is the document where you name a personal representative who will be responsible for settling your affairs.

When a married couple decides to part ways and file for divorce in California, a critically important issue that must be addressed before the divorce is finalized is financial support. In most divorce cases, the issue of financial support revolves around two different forms of financial aid – (i) child support and (ii) spousal support.

Pop star Britney Spears is doing more than making large sums of money singing and dancing in Las Vegas.  She is shedding light on a legal mechanism that can have a significant impact on an individual's life - conservatorship. If you are familiar with the concept of conservatorship, I apologize in advance, but I must hit you one more time with some facts.

Experts describe “coercive control” as a pattern of abusive behavior inflicted upon someone by their partner (typically a spouse or similar significant other). Coercive control typically involves a spouse employing a combination of violence, intimidation, humiliation, isolation, and control to subordinate the will of their significant other.