Family Law

• Child Custody and Visitation
  When a San Bernardino County Sheriff’s Department is having a bad day and takes it out on an actually innocent member of the public, say during a traffic stop or when people complain about their noisy neighbors, or when a husband or wife wants to gain an advantage in a divorce or child custody case and calls the cops on the other, and the civilian protests his/her treatment by the police or dares to tell the deputy that he/she knows his/her rights, a “contempt of cop” situation arises. When that happens, things tend to snowball, and the deputy will show the contemptuous civilian that they really have no rights, and beat them and falsely arrest them. That is reality. If that wasn’t reality, you probably would not be reading this webpage.

Criminal Law

• Criminal Defense
  The public has no clue until their criminal defense lawyer or proposed plaintiff’s counsel tell them that in the real world, they really don’t have the rights that they thought they had. Even worse, the public learns to accept that.
• DUI/DWI
  Hardison v. Martin, 254 Ga. 719 (1985), Randall Martin was a car salesman at an Athens, Georgia, Cadillac Dealership. He needed to have a valid Georgia driver license, to work as a car salesmen. Mr. Martin had a tough break-up with his girlfriend, and got drunk to deal with his mental anguish. Over a two day period, Mr. Martin got arrested twice for DUI. The second DUI arrest was prompted by a call to the police by Mr. Martin’s girlfriend, reporting that Mr. Martin had broken a window on her home (while knocking too hard; the product of ethanol and inadvertence, and being “ jilted “), and that she just wanted him gone. When the police were driving Westbound on the Atlanta Highway (the B52′s “Love Shack’s” Atlanta Highway ), Mr. Martin was driving Westbound. There was quite a large amount of lawn / grass that separated the Eastbound from the Westbound lanes. Mr. Martin correctly guessed that the police officer, who was traveling Eastbound, was looking for him. However, it took the officer about fifteen seconds to reach the next road to turn-around, to pursue Mr. Martin Westbound (this wasn’t life or death, when an officer might drive over a large grass median.) So, Mr. Martin immediately pulled his car over to the curb, parked on the shoulder of the Atlanta Highway, and ran into the woods; hiding from the police.
• Wrongful Death
  Defending bogus Criminal Cases and Suing Police Officers for Violating your Constitutional Rights since 1984 for Excessive Force,  Police Brutality, False Arrest, Malicious Prosecution, Police K-9 Maulings, Police Beatings and Shootings and Wrongful Death, Concealing or Destroying Evidence and Retaliation. Serving Southern California. Available 24 Hours a Day!
• Traffic Violations
  IT IS NOT A CRIME TO REFUSE TO IDENTIFY YOURSELF TO A POLICE OFFICER IN CALIFORNIA, OTHER THAN TO A TRAFFIC OFFICER WHO STOPPED YOU FOR A TRAFFIC VIOLATION, AND OTHER THAN WHEN YOU ARE GOING THROUGH THE BOOKING PROCESS AT A
• Sex Crimes
  Most people who have actually seen police officers beat-up a civilian have a lasting terrible feeling about police misconduct. Almost invariably, when they are asked by the lawyers or the Court about whether their prior experience with police misconduct will cause them to be prejudice against either side, they almost always say “Yes.” Most such people who have seen police beatings and the false prosecutions of their friends, are so deeply affected, that they invariably tell the Court that they are biased against police officers (in this type of case), and that they cant really put-aside that bias and be completely fair and impartial. This is understandable. It’s like asking a juror who witnessed the raping of her friend, at gun point, by members of a particular motorcycle club, if he/she would feel biased against the defendant, who happens to be accused of rape, and of being a member of a biker gang; the same gang, that she watched raping her friend. Of course, the person is going to have a bias against the defendant. Once the prospective juror makes that statement, any such jurors are then routinely excused for cause from sitting on that jury.
• Robbery
  Maybe the officer just doesn’t like your attitude. Maybe the officer was having a bad-day, and when he approached your car he barked at you, and you did not appreciate it, so you ask the officer why he’s treating you that way. Maybe the officer stopped you in an area where a dark colored sedan was just involved in a robbery, and you are driving a dark colored sedan. You don’t know about the dispatch to the officer about the robbery and the car, and you also know that you have not done anything wrong. So, when the officer flashes the red and blue lights, pulls you over, approaches you at gunpoint and orders you to exit your car, you ask the officer “Why Officer. What’s going on?”. The officer now quickly gets perturbed with your questioning him about why he is ordering you to exit your car and prone yourself out on the street, instead of you immediately complying with his orders.
• Burglary
  In 2009, eight months after Mowrey went missing, Baker was arrested on suspicion of burglary at a Laguna Niguel home. He told deputies he was in the area looking for a friend because he had run out of gas.
• Theft
• Misdemeanors
  Section 69 is a “wobbler”; a charge that can be charged as a misdemeanor or a felony. So, when the police beat you badly, or even shoot you, they will often charge you with felony violation of Section 69, for several reasons: 1) it (falsely) makes your conduct look more threatening to the police, the judge and the prosecutor, so as to justify their use of severe violence upon you; 2) since Section 69 can be charged as a felony, the police can require that you post bail before going to court; something that helps drain you financially, and something that often results in the person who was beaten-up by the police, pleading guilty to a crime against the officer, just to get out of jail; a guilty plea that precludes them from suing the officers later-on; 3) if the Section 69 charge is filed by the District Attorney’s Office as a felony, they often are able to get complete innocents to plead guilty to the misdemeanor offense of violation of Section 148(a)(1), which also will more often than not, legally preclude the victim of police violence from being able to successfully sue the police for the beating that they gave their victims.
• Embezzlement
  Murder cases, manslaughter, assault and battery cases, drug possession and drug manufacturing cases, DUI cases, Vehicular homicide cases, white-collar investor fraud cases, sex-offender or drug offender registration cases, violation of court order cases, domestic violence cases, theft and embezzlement cases, towing industry cases...
• Drug Crimes
  Although any given government judicial, legislative or executive official make act otherwise as individuals, free from the dictates and pressures of their respective institutions and peers, when they act as police officers, judges and legislatures and even jurors, they act “institutionally”. Thus, politicians feel political pressure to act tough on crime, judges feel political pressure to find a way to convict / affirm the conviction of the accused, and the police feel pressured to make more and more arrests; often for victimless crimes, like drug possession.
• Assault
  The police really do create false and misleading police reports to shore-up the odds, that some young and ambitious Deputy District Attorney, will want to endear himself to a police agency, by protecting them from civil liability. The young and ambitious Deputy District Attorney files a criminal case against you for violation of California Penal Code Sections 148(a)(1) (Resisting / Obstructing / Delaying a Peace Officer), and Sections 240/241(c) and 242/243(b); Assault and Battery on a Peace Officer. Now what do you do? If you take a plea bargain, you can’t sue for the damages that you suffered from being falsely arrest and falsely prosecuted for a crime, and the mental and financial toll that being falsely arrested and falsely prosecuted takes on one (i.e. job loss, attorney’s fees.)
• Murder
  Police officers usually don’t go “hands on” any more unless the person is handcuffed, or there are multiple officers to beat the person, “in concert”. These days they usually don’t even use their batons. They either tase you or just shoot you. There are no real world consequences for police officers to even murder an innocent; that is so long as no one is lurking in the shadows with a cell phone who video recorded the murder in sufficient detail to not allow the police to make up some phony justification as to why the officer properly shot another.
• Probation Violation
  Jason Gomez was incarcerated at the Orange County Jail on a Probation Violation. The jail refused to provide Mr. Gomez with his psych medications for five days. This caused him to return to a semi-psychotic state. When the jail nurse finally handed him his medication through the jail bars, he grabbed her arm and broke it. The jail deputies proceeded to perform a cell extraction, and Jason Gomez he fought them from doing so. The deputies then placed Mr. Gomez in a jail restraint chair with his hands behind him, that suffocated him from positional asphyxia; in this case known as a Palestinian Hanging.
• Homicide
  When a cop commits a crime against a civilian, the employing police agency performs three investigations; 1) a Civil Liability Investigation, done by the Risk Management and Internal Affairs Division of a police agency; 2) a Criminal Investigation, usually done by the agency’s Homicide Unit, and 3) an Internal Affairs Investigation. It’s a gimmick; a ruse, and its created and supported by state statutes enacted to protect police officers from criminal prosecution, and the civil liability to the employing public entity that would result from a conviction of their officer for conduct such as the use of unreasonable force and false arrests.
• Shoplifting
  Federal Rule of Evidence 609 allow the Impeachment of a Witness with evidence that they have been convicted of any felony, or any misdemeanor of dishonesty, such as shoplifting. Accordingly, because police misconduct civil rights plaintiff invariably will have to testify at the trial of their civil case against the police, if their criminal conviction history is sordid enough, the jury won’ care what the police did to that person. It doesn’t matter if you have rights on paper, if not jury is going to care about them.
• Restraining Order
  These homicides by police officer aren’t just limited to shootings. For example, on January 13, 2014, an OC, California, Superior Court jury acquitted two Fullerton Police Department officers of murdering / using unreasonable force on the mentally-ill son of a former OC Sheriff’s Department Deputy Sheriff; Kelly Thomas. The beating death was audio and video recorded, and no reasonable human being could have believed that the beating death was justified. The video recording shows two sadistic police officers, beat Kelly Thomas to death. However, the defense was able to show the jury two prior incidents that made the jury simply not care that Kelly Thomas was wrongfully beat to death; the testimony about his having previous struck his grandfather, and testimony about his mother obtaining a restraining order against him. Remember, this was a mentally ill young man, who had his moments. They were able to do this, because California Evidence Code Section 1103 permits a criminal defendants to show the character of the alleged victim of their crime, to prove that the victim has a certain character, and that the victim acted in conformity with that character during the incident complained of; the one that the criminal defendant is being prosecuted for.
• Kidnapping
  Founded as a fraternal organization by Confederate veterans in Pulaski, Tennessee, in 1866, the Ku Klux Klan soon became a paramilitary group devoted to the overthrow of Republican governments in the South and the reassertion of white supremacy. Through murder, kidnapping, and violent intimidation, Klansmen sought to secure Democratic victories in elections by attacking black voters and, less frequently, white Republican leaders.
• Manslaughter
  Mr. Steering tried a murder case in Athens, Georgia; several months after graduation from law school in 1984. It was defending that case that gave Mr. Steering his first taste of police perjury (something that he has experienced in most of his cases thereafter.) The main investigating officer lied on the witness stand at the murder trial, about a discussion that he had with Mr. Steering, so Mr. Steering knew that the police officer was lying. Although the defendant did kill her husband, Curtis Wilson, with a boiling pot (smashed it over his head), Mr. Steering was still able to pull-off a manslaughter conviction out of the jury, and a six month jail sentence for his client; Katie Mae Wilson.
• Extortion
  The impropriety of the prosecutor’s conduct requires little exposition. In California, extortion is defined as ‘the obtaining of property from another, * * * induced by a wrongful use of * * * fear, or under color of official right.’ (Cal.Pen.C. 518.) There is no doubt that a cause of action for personal injuries is property. Franklin v. Franklin, 1945, 67 Cal.App.2d 717, 155 P.2d 637. Section 519 of the same code defines ‘fear’ as ‘induced by a threat * * * 2. To accuse the individual threatened * * * of any crime * * *.’ See Barton v. State Bar of California, 1935, 2 Cal.2d 294, 40 P.2d 502; Bridge v. Ruggles, 1927, 202 Cal. 326, 260 P. 553
• Hit and Run
  Martinelli, officers who suspected that Martinelli was involved in a hit-and-run collision approached her and asked her for identification.

Employment Law

• Employment Discrimination
  Tribe v. Florida, 517 U.S. 44 (1996), the Court greatly limited the ability of Congress to authorize suits against state governments and to override sovereign immunity. The Court applied this principle within the past couple of years to bar suits against states for patent infringement and for age discrimination. Although all of these cases involve suits against state governments, the Court has indicated no willingness or likelihood of relaxing the sovereign immunity of the United States government.

Immigration Law

• Citizenship and Naturalization

Health Law

• Personal Injury
  Wilson v. Garcia, 471 U.S. 261 (1985), the U.S. Supreme Court held that the Statute of Limitations for lawsuit brought under 42 U.S.C. 1983, was the period of time to sue under the residual personal injury statute of the state in which the federal claim arose. Therefore, if the police beat you up and/or falsely arrested you in California, as the California residual personal injury statute is two years (See, Cal. Civ. Proc. Code § 335.1 ), you have two years from the date of the subject incident to sue under Section 1983. However, if you get beat-up and/or falsely arrested in some other state, that other state’s residual personal injury Statute of Limitations will be the Statute of Limitations for your Section 1983 claims.
• Auto Accidents