Students get crash course in finances

With bankruptcy filings up 40 percent in 2007, it’s no wonder educators are working to improve money management skills by today’s teenagers. That’s why these people got together and developed a course in….

[What this means, attorney advice for teaching savings for kids]

Lower mortgage rates… what does that mean for you?

Rates on 30-year fixed-rate mortgages fell to 6.20 percent for the week, down sharply from 6.46 percent last week, Freddie Mac reported in its nationwide survey.

[Discussion by attorneys about the effects]

The misdemeanor process

THE ARREST:
First, An arrest is made.  Often times in a misdemeanor case, the Defendant is not taken to jail, but rather given a citation and makes a promise to appear at an Arraignment within the next 30 days or so.  If the police take the defendant to jail. Three things can happen:

1. The defendant is released – no charges are filed.
2. The defendant posts bail/bond or is released on his or her own recognizance (“O.R.”) and is scheduled for arraignment.
3. The defendant remains in the custody and is transported to court for arraignment.

THE ARRAIGNMENT:
The Defendant’s first appearance in court is the Arraignment.  The following events occur at an Arraignment:

1. The defendant is informed of the charges against him or her.
2. The defendant is advised of his or her constitutional rights.
3. If the defendant cannot afford an attorney of his or her own choice, an attorney is appointed by the court.
4. The defendant enters a plea of guilty, not guilty or no contest.
   Not Guilty:  The defendant states that he or she did not commit the crime.
   Guilty:  The defendant admits that he or she committed the crime and is in effect, convicted.
   No Contest:  Also known as “Nolo Contendere.” The defendant does not contest the charge. This plea has the same effect as a guilty plea, except that the subsequent conviction cannot be used against the defendant as evidence of liability in a civil suit.
5. The defendant is released on his or her “Own Recognizance,” or the court sets bail and the defendant is remanded/committed to the custody of the Sheriff.

Also at the arraignment, the Defense attorney may move for a Demurrer, or dismissal of the Complaint under Penal Code §1004, if the Complaint either (1) Fails to meet the specificity requirement adequately putting the Defendant on notice of the charges filed; (2) If the Complaint is filed in the wrong Court and that Court does not have Jurisdiction over the Defendant; (3) Due to Misjoinder; (4) If the Complaint fails to state a Public Offense; and (5) If there is a legal excuse or bar to the particular prosecution.

INVESTIGATION:
After the Arraignment, the Criminal Defense Attorney begins an independent investigation into the alleged offense.  This includes, among other things, visiting the scene of the alleged crime, interviewing witnesses to the alleged crime, interviewing and investigating the accuser, interviewing the family and friends of the Defendant, and sending any necessary evidence to scientific and/or psychological experts.

THE PRE-TRIAL HEARING:
At the pretrial hearing, there is an exchange of information between the prosecution and the defense known as discovery. Pretrial motions may also be filed before the start of the trial. Motions may be made to set aside the complaint, to dismiss the case, to suppress evidence, etc. The defendant may at this point change his or her plea to guilty or no contest.

Legal separation or annulment?

Can I get a legal separation or an annulment instead of a divorce?

Yes. You can get a legal separation or an annulment (also called a nullity) without having lived in California for six months or your county for three months before filing.

• Legal separation. You may have religious, insurance, tax or other reasons for wanting a legal separation instead of a dissolution. If you obtain a legal separation, you and your spouse will remain married, but the court can divide your property and issue orders relating to child custody, visitation, child support and spousal support, and, if necessary, a restraining order.
• Annulment. If you are granted an annulment, it is as though your marriage never existed. You may be able to get an annulment if you married when you were a minor without the consent of your parents or guardian, or if certain types of fraud or deceit were involved. If you want an annulment, however, you will have to appear in court for a trial.

Standard family law restraining orders

STANDARD FAMILY LAW RESTRAINING ORDERS

Each party to a divorce must review the Summons that will be filed in their case, specifically page two. The following are mandatory restraints:

Starting immediately, you and your spouse or domestic partner are restrained from:

1. Removing the minor child or children of the parties, if any, from the state without the prior written consent of the other party or an order of the court;
2. Cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and their minor child or children;
3. Transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life; and,
4. Creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the disposition of property subject to the transfer. without the written consent of the other party or an order of the court. Before revocation of a nonprobate transfer can take effect or a right of survivorship to property can be eliminated, notice of the change must be filed and served on the other party.
5. You must notify each other of any proposed extraordinary expenditures at least five (5) business days prior to incurring these extraordinary expenditures and account to the court for all extraordinary expenditures made after these restraining orders are effective. However, you may use community property, quasi-community property or your own separate property to pay an attorney to help you or to pay court costs. Please be advised that the court can impose sanctions and are enforceable in California by any all enforcement officers who have received or seen a copy of them.

The facts about foreclosure

Circumstances that May Lead to Foreclosure

Our clients who are facing foreclosure are frequently victims of unforeseen circumstances. They may have suffered a serious illness and been unable to work. The house may have required essential and expensive repairs. They may have been victimized by predatory lenders. They may have borrowed money against a home that is now worth less than they owe. We can stop foreclosure proceedings and give clients a chance to address their financial problems.

Learn More About Foreclosure – Contact Our California Law Offices

To learn about your options in foreclosure, schedule a free consultation with our California law firm. Call our offices at 1-888-712-5978.

Alternatives to Foreclosure

When we submit a bankruptcy filing (usually a Chapter 13), we can stop the foreclosure. We can also halt creditor harassment and threatening notices and give our clients time to get back on track.

About Chapter 7 bankruptcy in San Diego

Chapter 7 Bankruptcy Options

Not everyone qualifies for Chapter 7 bankruptcy protection. Chapter 7 will allow you to eliminate most consumer debt and begin again. We can help you determine if you qualify for Chapter 7, or we may be able to obtain protection under a Chapter 13 bankruptcy.

Our firm has the knowledge and experience to advise you throughout the process. We file the paperwork as soon as we have the information we need, ensuring you find timely relief to your financial stresses.

We assure that you fully understand our fees including the sliding fee scale.

Stopping the Creditor Calls

When you are in financial difficulty, creditors call at all hours. They may threaten you with wage garnishment, repossession of your car or foreclosure on your house. We can make those calls stop immediately by filing Chapter 7 bankruptcy so you can focus on your future, not on your past.

Life After Chapter 7 Bankruptcy

When you work through a bankruptcy and come out with your credit restored, you can be confident in your financial future. Call us to learn how we can help you make this dream a reality. Contact our law firm at 1-888-712-5978 to schedule a free initial consultation.

Myths about the new bankruptcy law

Myths About the New Bankruptcy Law

We help our clients debunk these common myths about current consumer bankruptcy law:

• The Myth: You cannot stop a foreclosure even if you file for bankruptcy.
• The Truth: Bankruptcy filings can put an immediate halt to foreclosure proceedings so you have time to think about your options.
• The Myth: These days only corporations can file for bankruptcy.
• The Truth: Consumers can still file Chapter 7 and Chapter 13 bankruptcy petitions to address financial issues such as credit card debt, medical bills, foreclosure and car repossession.
• The Myth: If you didn’t file for bankruptcy before October 17, 2005, it’s too late.
• The Truth: Each day our law offices file bankruptcy petitions on behalf of consumers in need of debt relief and reorganization.
• The Myth: Medical and credit card bills cannot be discharged under the new law.
• The Truth: A bankruptcy filing can help you address debt from medical bills and credit cards.
• The Myth: You will have to relinquish your personal vehicles when filing for bankruptcy.
• The Truth: Your debt relief plan can protect your essential assets such as motor vehicles.

Welcome to San Diego Law Today

We at Rausa & Mason are dedicated to helping you find answers to your pressing legal matters. This blog will feature our conversations about happenings that affect our clients and information you need to know.