Feeling overwhelmed by car accident bills, contact help from an experienced attorney in San Diego

It is difficult enough to work every day, make sure monthly bills are paid, food is on the table and there is always a roof to protect the family. But when bad things happen like a sudden car accident that was not our fault it can make a person feel stressed out. It is times such as this we start to raise questions of how we are going to pay regular house bills, how to care for our family while caring for ourselves, and who will help pay those medical bills since we cannot work full time hours due to the pain level being felt.

This is an issue that has you quite scared and losing sleep at night on top of the extreme pain level you’re feeling because of the bruised ribs. Thankfully, if it were not for the air bag, things could have been worse. But you do have your husband and your children to help you through this matter. Not only do you have family for help you have the right to turn to an experienced attorney in San Diego. The type of car accident you were in caused such an impact it needs further investigation because of the damage that has taken place in your vehicle and to your body.

It is best to speak with a professional who is aware of car accidents and knows how to locate the detailed information needed. That person to contact is Saman Nasseri of Nasseri Legal. Mr. Nasseri is an experienced law attorney in San Diego who has helped clients get through every step of a car accident that is not their fault.

Mr. Nasseri is happy to speak with you confidentially about what is taking place with your car accident and look over the paperwork you have in your possession of a free of charge consultation. Mr. Nasseri will listen clearly to your side of the matter while looking at the documentation you provide for the car accident. If you have photos of accident or the police reports, please bring with you to the meeting as this type of documentation is quite helpful to have in with your accident case notes.

Mr. Nasseri will speak on your behalf should he represent you in court if this case does go to trial. There are times when accident cases do appear in a court room and there are times when they do not, every case is handled different as it will be explained to you. Contact Nasseri Legal to schedule a consultation for further discussion about your case and meet with an experienced attorney in San Diego.

Knowing Your Rights During and After a DUI Arrest

Being arrested and charged for driving under the influence can happen to anybody.  Most people don’t even think they are doing anything wrong when they get pulled over.  Think about this scenario, you are at dinner with some friends, you have a couple beers, or a couple glasses of wine.  You feel perfectly fine, and completely sober after the meal is over.  You get into your car and start driving.  Right before you almost get home you get pulled over for what you think is a stop sign violation or speeding, or even a busted taillight.  Out of no where, the officer asks you if you have been drinking and that is when you panic.  You know you had a couple drinks, but you’re not drunk, and even though the cop wasn’t with you, you feel like he knows you were drinking so you don’t know what to say.  You start to sweat, you have a bright flashlight in your face, and you feel like you are about to go to jail.  What do you do now? What are your rights? What happens next?

Knowing your rights and how to handle this situation is extremely important.  First off, it is important to note that California has what is called implied consent.  This means that you consent to a chemical test after a DUI arrest and refusing the test will have unfortunate implications such as a suspended license and enhanced jail time.  However, you are NOT required to take the initial test when the officer pulls you over as long as you are 21 years of age or older.   When you get pulled over, you do not have to answer the officer’s questions and you can refuse the field sobriety test and/or breathalyzer.  This cannot be used against you as an indication of guilt.

Once the officer arrests you for a DUI, you must submit to the chemical test.  You may refuse the chemical tests, however even with a refusal, you can still be charged with driving under the influence, with an additional charge for refusing the test.  This will only enhance the punishment against you and your license will automatically be suspended by the DMV for the refusal.  It should also be noted that this type of suspension from the DMV does not qualify for a restricted license.

There are some potential positives that can come from refusing the test after the DUI arrest.  For starters, outside of the officer’s observations, there is no other evidence indicative of your guilt.  In some DUI cases the prosecution may see this as a problem and it can be a helpful negotiating tool. In any event, you need to use your best judgment and see what is best action for your case.  Unfortunately, there is not right to a lawyer during the time after a DUI arrest and before the chemical test is administered.

In any event, whether you take the test or refuse it, the arrest MUST be lawful.   Even if you fail the tests, if the arrest was not lawful from the beginning, then the test results will be thrown out.

So now you have been arrested, you’re in jail, what do you do next?  If possible, try and bail out.  A lot of times people do not know a bail bondsman but they know a lawyer.  Nasseri Legal can help you secure bail with a reputable bondsman and get you out of jail quickly.

From the time you are arrested, you have 10 days to schedule a hearing with the DMV to try and save your license.  The officers will not tell you this, but it is in the fine print of the paperwork you get when you are arrested.  Most people are unaware of this procedure.  If you do not schedule a hearing within 10 days, the DMV will suspend your license.  Remember, with DUI cases, there are two separate cases, one with the DMV and the other is a criminal case.  If you are having the Public Defenders office handle your case, they typically do not get involved with the DMV, so do not think they will handle everything.

If you win your criminal case, it is still possible to have your license suspended by the DMV.  There are different standards of proof for the two cases and unfortunately, your license can still be suspended.

Once the DUI criminal case begins, you have different options depending on the facts of your particular DUI case.  NO TWO CASES ARE THE SAME.  Never judge what will happen with you case based on what happened in someone else’s case.   This isn’t just true about DUI cases, it is true about any case, criminal or civil.  You can either take a deal in your case, or take it to trial.  Either way, it is important to have a good attorney on your side to defend your rights.

If you or a loved one has been arrested for a DUI, whether alcohol or drug related, contact Nasseri Legal immediately.  We can secure a hearing with the DMV, walk you through the case, and keep you informed every step of the way.  Nasseri Legal can provide aggressive and competent representation for your DUI case.  Call now to schedule your free consultation with our office.

 

*This article should not be construed as legal advice or constitute any implied or express representation.

California Medical Marijuana Law

The Compassionate Use Act, also referred to as Proposition 215, allowed for the medical use of marijuana in the state of California. At the same time, possession was decriminalized and treated in much of the same way that traffic tickets are handled. In 2004, Senate Bill 420 was passed establishing a qualified patient card system. The United States’ Controlled Substance Act is the federal classification for substances and its classification of marijuana creates a dichotomy that oftentimes presents a legal challenge. In October 2015, a federal judge ruled that the Justice Department is breaking the law by attempting to shut down legal marijuana dispensaries. There are regulations that must be adhered to in order to qualify for legal protection under the medical marijuana laws and they are as follows:

  • Qualified patient. The protections afforded by California’s medical cannabis laws require a person to be a qualified patient or primary caregiver. A qualified patient is someone who has been recommended and approved for the medical use of marijuana. Common approval typically includes the treatment of cancer, anorexia, AIDS, chronic pain, glaucoma, arthritis, migraine headaches, or other ailments for which marijuana is known to provide relief. A written recommendation is typically required.
  • Licensed dispensaries. Possessing over 28.5 grams of marijuana is no longer viewed as possession for personal use and is punishable as a crime with possible jail time. Transporting and selling without being a licensed legal dispensary is also punishable by jail time. Filing to become a legal dispensary involves the approval by several departments and can be a complicated and tedious process.
  • Licensed physician. When marijuana is prescribed to a patient for a legitimate illness and is documented by the physician, the physician may not be punished or denied the right to prescribe marijuana. The physician is not permitted to prescribe for any nonmedical purpose.
  • Primary caregiver. The person who has been designated as the person who assumes responsibility for the patient is exempt from being punished for possession or cultivation of marijuana, since it is prudent that the primary caregiver would participate in the possession and administration, as they would with any other medication.

Seeking the assistance of a legal professional, who is apprised of the current and ever changing California medical marijuana laws is important if you are a patient, a primary caregiver, a physician, or if you are considering opening a dispensary. If you have been charged with a crime in California involving medical marijuana, it is important to have an experienced legal advocate by your side. Schedule an appointment today with Nasseri Legal, one of the top criminal defense attorney’s in San Diego.

How Cleaning Your Criminal Record Can Help Your Future

Criminal records can cause complexities and inconveniences in your life. Though the mistakes have already been made, you do not have to keep paying any more for these mistakes you made in the past. Thus, you should consult an expungement attorney to help you in the thorough cleaning of your criminal record. Cleaning your records and setting them straight can help you reach your future goals and desires. Make sure that you hire an experienced attorney for efficient and exemplary cleaning of all your records.

A criminal record can affect your life in many ways that may cause your life to become unbearable in some cases.

 

Employment

Whenever you have a criminal record, it is hard for you to find employment because almost all employers conduct a background check to ascertain the extent of your criminal record. Even if the criminal is a minor offence, a potential employer may choose not hire you solely based on the conviction.

 

Credit

A criminal record may pose great challenges for you to obtain a credit card or a mortgage. A criminal conviction is perceived by mortgage and credit card lenders as a sign of untrustworthiness. The lenders are cautious in giving loans to an individual with criminal conviction records. Thus, with the record, you may be denied loans and credit cards.

 

Personal Life

A criminal record will often ruin your reputation, and you may be shunned by your community as a result of the conviction. Moreover, you can be denied admission into institutions of learning as a result of your criminal records.

 

How to Clean Your Criminal Record

Though a criminal record has many disadvantages, there are certain ways through which you can clean these records making your background checks to become impeccable. The expungement attorney will advise you on the eligibility requirements to cleaning up your criminal record. The lawyer will prepare proper documentation for your case and appear in court on your behalf.

If you were improperly accused of a criminal offense, you could petition a court to seal and destroy your criminal record. Through a criminal defense attorney, you can file a motion of factual innocence. If the motion is successful, the court orders for the sealing and destruction of your criminal record. The court order effectively wipes all your criminal record clean from your background.

If you did not serve a state prison sentence, you are eligible for the cleanup of your criminal record through expungement. In the case of probation, you must have complied with all terms successfully to be eligible for the expungement. When it is granted, the court allows you to withdraw your earlier guilty plea and the judge will dismiss your case. Once an expungement is granted, you do not have to disclose your conviction to a potential employer.

With these criminal record clean-ups, you can regain your life. You can get a decent job, gain admission to any learning institution, and regain your reputation in the community. Moreover, you become eligible to apply for loans and credit cards that are successfully approved since you do not have any criminal record popping up in your background check.

What To Do When Arrested

If you have been arrested, you need to proceed carefully because a bad move can come with serious consequences. Fortunately, you can protect yourself by knowing your rights, particularly those that are mentioned in the Miranda warning.

The Right to Silence

First, you have the right to silence, which means that you can remain silent when you are being interrogated by the police so long as you choose to invoke it. This is important because the phrase, “Anything that you say can and will be used against you in a court of law,” is not an exaggeration. As a result, you should not speak unless you have a lawyer with you to protect your rights. Furthermore, you should always exercise care and caution when speaking while still in police custody because even what police officers overhear when you are speaking with someone else can be used against you.

Getting a Lawyer

Second, you have the right to counsel, which is actually a number of related rights collected under the same name. For example, you have the right to speak to a lawyer before you speak to the police as well as the right to have a lawyer with you while you speak to the police. Furthermore, you have the right to a lawyer with no conflict of interest whatsoever, thus ensuring that you will have the legal expertise and experience needed to guide you through your difficulties. The right to counsel is important because legal matters come with so many potential pitfalls. In fact, it is considered to be so important to having a fair trial that the government will appoint a lawyer for you at public expense if you cannot afford the services of a lawyer on your own.

Securing Bail

The issue of bail comes up as part of the arraignment, which is when you are officially informed of the charges against you. This is when you are informed of the statements that will be used against you, the police’s version of the events that resulted in your arrest, and the plea offer if there is one. If you turn down the plea offer, the District Attorney will make a recommendation for releasing you either on recognizance or by posting ball before giving your lawyer a chance to argue for more lenient release terms. Please note that providing information regarding your ties to your community as well as confirming them can improve your chances in this regard.

Further Considerations

Of course, there is much more to learn about the legal process. As a result, you should not hesitate to speak to your lawyer at length to make sure that all of your questions are satisfied.

How Does Posting Bail Work

When an individual goes to jail, the time to appear in court for trial may be weeks or even months away. Depending on the nature of the crime, the defendant may not have to wait in jail until the date of the trial. In most cases, a bail may be paid to allow the defendant to be released.

 

What is Bail?

Bail is a set amount of money paid by family members or friends to allow an accused person leave the jail until the trial. The bail acts as insurance for the appearance in court. The bail can be set by paying the full amount, pledging property or acquiring a surety bond form a bail bondsman. When the full amount is paid in accordance with bail schedule, the accused is released quickly.

Depending on the amount of paper work, the use of a bail bondsman may require some extra time. The bail bondsman receives a set fee from the person purchasing the surety bond. The amount of the surety bond is usually set at 10% of the total bail. The bail bondsman sends the necessary information to the court for the release of the defendant which occurs quickly usually within six hours.

If the accused does not appear in court on the set date, the amount of bail pledged is forfeited. When a bail bondsman is part of the process, the bondsman has the legal right to find and return the accused back to the court.

 

Cost of Bail

In the U.S. Constitution the Eighth Amendment guarantees that the amount of bail may not be excessive for the crime. The cost of bail still has numerous contributing factors to consider, including trial location and judge. Other aspects affecting the final amount of bail:

 

  • The type or seriousness of the crime
  • Past criminal record, a repeat offender may have a higher bail set.
  • The possibility of the accused leaving the state or country
  • Financial capabilities

If the accused is considered a danger to society or has a high risk of fleeing, bail may not be granted. When an accused is trying to be released from jail, an experienced criminal defense attorney can aid in the process. The lawyer will have firsthand knowledge of the local system, including the judges with an extensive legal background to help arrange the release of the accused in the case.

Prop 47

On November 4, 2014, Proposition 47 passed, allowing for certain crimes to be charged as misdemeanors rather than felonies.  Over 1000 petitions in San Diego alone have already been filed for past convictions, in order for them to be reduced.  The biggest issues now, are what priority the Court is giving to these petitions and how these petitions are being handled?

First, it is important to know what charges fall within the parameters of Prop 47.  The following is a list of the crimes Prop 47 is intended to cover:

  1. Shoplifting where the value does not exceed $950.00
  2. Grand theft where the value does not exceed $950.00
  3. Receipt of stolen property where the value does not exceed $950.00
  4. Forgery, where the value of the forged check, bond or draft does not exceed $950.00
  5. Fraud where the value of the fraudulent check does not exceed $950.00
  6. Possession of illegal drugs for personal use.

Given the amount of petitions the Courts are receiving for these cases, they are trying to figure out the best way to handle these cases.  As of now, priority is given to people currently in custody.  Next are people who are currently on probation or serving some sort of alternate sentence.  Last, are the people with criminal cases that are completely over.

For cases in the prejudgment stage, meaning the case is still pending, the District Attorney’s office is filing amended complaints for those charges which qualify under Proposition 47 to be reduced.  This means that individuals are basically recharged with misdemeanors rather than felonies.

It is important to note however that a person’s criminal history will still play a vital role in determining whether or not to reduce the charge or conviction from a felony to a misdemeanor.  People with convictions for serious, or violent crimes may not qualify for relief under Proposition 47.

Proposition 47 is a big deal for people trying to better their own lives.  Many people have made mistakes in their past, that are still haunting them today because of the fact that they are considered a felon.  Proposition 47 allows for those people who have turned their lives around to drop that stigma and move on with their lives.

If you, or someone you know, is curious as to whether or not relief under Proposition 47 is available, call Nasseri Legal now and set up a FREE and CONFIDENTIAL consultation. (619) 610-9595.   Let Nasseri Legal help turn your life around!

How Much Does a Criminal Lawyer Cost

The first question you are likely to ask if accused of a crime is how much will a criminal lawyer cost!

There is not a single billing structure for lawyers. Lawyers will bill by hour, flat, fixed, or contingency. The hourly fee is the most common method. Be aware of which hours will be charged for. Fees can vary depending on if the lawyer charges for the initial consultation or if they offer a free initial consultation. Most attorneys will require an upfront fee. Some will even require payment in full based on the estimate they provide for work.

Lawyers often have a minimum time that they will bill for. Lawyers may require a minimum of 1/6 an hour of work and may start recording for every 1/10 an hour. For more routine cases such as red light tickets lawyers may offer a fixed fee. Contingency fees are used in cases where a monetary award is expected.

A lawyer may also charge a retainer. A retainer is used to help cover the fees in the above fee structures. As you use the money the lawyer will deposit the money in his account. After the money runs out you may be required to make another retainer deposit. The retainer may or may not be refundable.

In addition, to lawyer fees there is often court related fees. To process documents the court will often have set fees. A law office might charge additional fees for faxing and filing documents.

There is always the option of accepting a public defender to represent you if you can not afford the fees of a reputed lawyer. A public defender often is burdened by high case loads and not having enough time to spend on your case. You also do not have the right to fire your public defender and get a new one.

Criminal defense lawyers often will charge flat fees. Flat fees have their benefits because a client knows how much they will have to pay at its outset. It beats waiting for a bill that you don’t know the final price.

Our law offices offers a free initial consultation. The cost of our services are well worth having a lawyer that knows your rights and can offer you the best advice. We are obligated to provide you with the best option available to you. You will be satisfied with your criminal lawyer cost

For more information see research lawyers

What to do if you are arrested in San Diego

Lights and sirens are flashing. You’re searched and handcuffed. Then you are put in the back of a police vehicle and brought to the nearest police station. If this has happened to you or a loved one, you might feel very helpless, but there are some things you can do to help your case.

#1 First of all, it doesn’t matter if the police officer made a mistake, remain calm and cooperate. Lack of cooperation may lead to further charges of resisting arrest which will make your case even more complicated. Resisting arrest is defined as willfully resisting, delaying, or obstructing an officer or EMT while the officer or EMT is engaged in the performance of his/her duties. Fleeing a police officer who is attempting to arrest or detain you, threatening the officer while he/she is arresting you, giving the officer a fake name or identification card, or not allowing the officer to handcuff you or place you in the police vehicle are all examples of resisting arrest. The best thing you can do in this type of situation is to just cooperate and contact your lawyer immediately.

#2 Be polite and respectful to the officers. Your words and actions may be used in court to prove your innocence or guilt. Remember, fighting with the police officers will not help. Winning in court is your only hope. Therefore, as soon as the officers approach, conduct yourself in a polite, responsible manner so that your actions may be used in court to help your case.

#3 Never assume that you can talk your way out of an arrest. Silence is your best defense. Any attempts to explain yourself may be used to hurt your case in court. Police do not have the authority to drop charges against you, negotiate a plea bargain, or decide your innocence or guilt.

#4 If the police officers do start asking you questions, the only information you should provide to them is your name, address, and a phone number of an immediate family member. Any other information you give them can only hurt you. The fifth amendment gives you the right to remain silent. During this time, you should also exercise your right to ask for a lawyer. If the police continue to question you, politely state your fifth amendment right and then remain silent until your lawyer arrives. If there are other parties involved, don’t discuss the incident with them either. Keep in mind that many police cars as well as certain parts of the police station may have cameras. Therefore, even if a police officer is not around, a private conversation with another party involved in the incident may be recorded and the recording used in court to convict you. Once you have been arrested, you will be escorted to the police station. You have a right to make one phone call. Use this phone call to get in touch with a family member or a lawyer. Try to get the name and badge numbers of the arresting officer and other officers that you come in contact with. You have the right to request this information so that you can have as much information to provide your lawyer. If you can’t remember anything else from this article, try to remember two things. You have the right to remain silent, and you have the right to request legal counsel. Knowing these two steps will go a long way in helping you.