Family Law

• Child Support
  The state Penal Code sets a broad standard for the elements to include in a restitution order. The governing statute refers to "all economic losses" (Cal. Penal Code 1202.4(f)), which include: the value of stolen or damaged property (§ 1202.4(f)(3)(A)); medical expenses (§ 1202.4(f)(3)(B)0; mental health counseling expenses (§ 1203.1(j)); lost wages and profits (§ 1202.4(f)(3)(D)-(E)0; child support to the children of a murder victim (§ 1203.1(j);

Criminal Law

• Criminal Defense
  California Criminal Law Procedure and Practice, the most popular reference used by judges, district attorneys, and defense counsel in California criminal cases. He is also a contributor to the “Bench Guide on Restitution,†a special publication for California judges, and for more than six years he served as a member of the Community Advisory Board of the Restitution Center. Please see our publications page for Mr. Sarabia’s bibliography.
• DUI/DWI
  Assume you represent a female crime victim (e.g., DUI) and she is on a 40% contingency. If she were to recover a total of $1 million comprised half each of economic (therapy, lost support) and non-economic (emotional distress) damages, your firm will receive about $400,000 as their contingent fee. If she knows of her restitution right, she can go to criminal court and get an order that the convicted defendant pay her $200,000 of that contingency fee (that portion based on economic losses). That means your client's net recovery of $600,000 ($1 million less the $400,000 contingency fee) will increase by 33% to $800,000. If this is not done, the other $200,000 will remain in the defendant's pocket.
• Wrongful Death
  It is important to understand who can be the crime victim. A trial lawyer representing the wife in a wrongful death case might assume that the husband who was run over and killed was the only victim. This is wrong. For the purposes of victims' rights and restitution, "victim" includes not only the harmed person, but family members as well. Penal Code § 1202.4(k)(3)(A). The brothers, sisters, wives and children of the person actually harmed are also victims entitled to the full panoply of victims' rights. So the lawyer representing the wife in this example is representing a crime victim entitled to all the rights that come with that status. Corporations can also be victims.
• Traffic Violations
  The Internal Revenue Code allows the deduction of business expenses, but it disallows the deduction of criminal fines and penalties, even those related to one’s business. A trucking company cannot deduct parking fines and speeding citations, even if incurred during the operation of its trucks for business purposes. The Tax Cuts and Jobs Act of 2017 (TCJA) codified a surprising tax deduction for some white-collar criminal defendants – and a new obligation for prosecutors. Proposed Treasury regulations, issued in 2020, clarify and implement the TCJA.
• Sex Crimes
  Penal Code Section 679.026(c) requires law enforcement agencies to notify victims of their rights under Marsy's Law. Subsections (c)(1) and (3) specify that victims are to be advised of their rights in Article 1, section 28(b). Penal Code Section 679.026(c) does not specify that victims must be notified of their rights under in Article 1, Section 28(c) of the constitution - the section which establishes the constitutional right to counsel. To recap, the state constitution establishes the right of victims to counsel (for which the victim must pay or find pro bono assistance) and the Penal Code establishes that victims have a right to be notified of this right. Would anybody imagine that most law enforcement agencies would take the position that they do not have to notify victims of the right to counsel? That is what is happening on the streets and in the courtrooms across the state - the rapist is advised of his right to counsel, but the rape victim is not. In other words, when it comes to the right to counsel, police and prosecutors give better advice to defendants than they do to victims.
• White Collar Crimes
• Theft
• Misdemeanors
  If you have been the victim of a crime in which charges have been filed with any state court (not federal court) in any county in California, you can use the California Restitution Self-Help Package. This package guides you through the use of the most important restitution forms and includes instructions on how to work with the court system. You are only eligible for restitution if there has been a conviction—this includes a plea agreement, a plea of no contest, or a guilty finding by a judge or jury. It does not matter which type of conviction occurred, nor does it matter if the crime was a misdemeanor or a felony.
• Embezzlement
  The crime victim seeking restitution can use tools surprisingly similar to an attachment or a temporary restraining order in a civil action to prevent sequestration of assets. If the criminal complaint alleges that the defendant committed two or more felonies involving fraud or embezzlement with a pattern of related felony conduct involving the taking of more than $100,000, the prosecution may seek an aggravated white collar enhancement by making a motion for a temporary restraining order, a preliminary injunction, and even appointment of a receiver to preserveassets. The temporary restraining order may be sought ex parte. If the assets are real property, a lis pendens may be recorded. If there is a bank account, the financial institution may be compelled to close the account numbers of the defendant so that the accounts may be included in the temporary restraining order or preliminary injunction. Upon the defendant's conviction of two felonies with an aggravated white collar enhancement, a levy for the payment of restitution will be placed on the property covered by court order.
• Drug Crimes
  Proposition 9, the Victims' Bill of Rights Act of 2008, also called Marsy's Law, passed with almost 54 percent of the vote. It is an interesting proposition, starting with its supporters. Henry Nicholas, one of the cofounders of Broadcom, contributed almost $5 million toward its passage. His sister, Marsy, was murdered, hence the name of the bill. Nicholas is now facing a federal indictment for a number of felonies, including drug charges. This is ironic because major provisions of Proposition 9 dramatically reduce the ability of prisoners to obtain parole.
• Assault
• Murder
  This Report serves three functions; first, to summarize the victim's rights from the perspective of professionals working in different phases of the criminal justice system, second, to review the very moving stories of the family members of murder victims who spoke about how they were treated by the system, and third, to recommend changes needed to protect victims ' rights.
• Probation Violation
  A victim may apply to a state-funded program to receive restitution, which is subject to a limit. The judge will order restitution at the trial's conclusion, which may include property loss and lost wages. After an offender is released, a notice of paid restitution is sent to the court to determine the outstanding balance. A restitution order can be converted to a civil judgment without filing a civil lawsuit. If the defendant is employed, a victim may request an income deduction order which acts as a garnishment. An offender's failure to pay restitution may constitute a probation violation. An offender's inability to pay can affect whether there is a violation of probation, but it cannot affect the amount of restitution that is ordered. Finally, a restitution order does not expire and bankruptcy will not eliminate it.
• Homicide
  Victor Vega, a victim's advocate for the Los Angeles City Attorney's office, explained in detail how he helps families of homicide victims. He helps them file for compensation and restitution, pay out-of-pocket expenses, and pay for relocation (up to $2,000). Mr. Vega assists victims with their impact statements. He also helps provide security to victims who need protection and do not wish to relocate. Perhaps most importantly, Mr. Vega helps prepare victims for the realities of the criminal justice system—not the fictions observed on television. Everything he learns is confidential unless it is material to the outcome of the case.
• Restraining Order
  Criminal restitution may also serve a victim better than civil injunctive relief because of one basic fact: a criminal sentence. If the defendant is incarcerated, a temporary restraining order against the defendant's conduct usually is unnecessary the defendant is prevented from continuing the objectionable activity. If the defendant remains incarcerated for a number of years, a preliminary injunction would also not be necessary. The mere fact of beingwith a crime often puts an end to a criminal simply by the exposure of the criminal conduct. In addition, law enforcement authorities likely will have many of the instruments of the criminal enterprise and thus effectively shut it down.

Business and Corporate Law

• Business Disputes
  The use of this website is at the user's own risk and IP Business Law, Inc expressly disclaims all liability with respect to actions taken or not taken based on any contents of this website. The contents of the website contain general information and may not reflect the most current legal developments, verdicts, or settlements and neither the authors nor IP Business Law, Inc make any claims, promises or guarantees about the accuracy, completeness, currency, or adequacy of the contents or information contained or linked to herein. The materials on this website may be changed, improved, or updated without notice. IP Business Law, Inc is not responsible for any errors or omissions in the content of this website or for damages arising from the use or performance of this website under any circumstances.
• Trade Secrets
• Intellectual Property
  Our attorney has over four decades of experience as a legal professional and has been running his own firm since 1993. Our narrow focus on intellectual property law allows us to serve your copyright needs with skill. We’ll utilize our in-depth knowledge of copyright law and our previous experiences successfully securing copyright protection for our clients to guide you toward the results you need.
• Unfair Competition
  A main statutory basis of the civil complaint filed by the California Attorney General against Hewlett Packard was Business and Profession Code §17200. This very broad statute prohibits unfair competition. Unfair competition is anything that is unlawful, unfair or a fraudulent business act. As interpreted by the courts, §17200 brings into its scope the violation of any other law. If one violates another statute as part of one's business then it becomes an unfair business practice. The approach of the California Attorney General was that Hewlett Packard hired investigators who conducted their business illegally and that Hewlett Packard must (literally) pay for this. That approach could also be used to bring the unauthorized investigative services to bear on the web host which outsourced the work. The reach of this approach is not just civil because Business and Profession Code §17100 makes violation of the unfair competition law a crime.

Employment Law

• Employment Contract
  The only time a bonus is clearly not an inducement to take a job or stay at one is when there is a fixed employment contract which already has been signed independently of the bonus —a rarity.

Health Law

• Personal Injury
  In most personal injury cases, the attorney takes between 30 percent and 40 percent of the victim’s recovery. This does not occur in victim restitution.

Trusts and Estates

• Estate Planning
  Trial lawyers know it is one thing to have a right to information and quite another to obtain the information. In civil cases it often seems there is a great deal of judicial patience with defendants who fail to answer discovery about their assets. Even after a judgment there may be rounds of enforcement proceedings and motions to compel in an attempt to extract full information. Not surprisingly, the delay of civil litigation often allows creative defendants to do "estate planning" over a course of years. This "estate planning" almost always involves hiding assets in off shore shell corporations.

Finance Law

• Bankruptcy
• Tax Law
  The TCJA is the rare tax law which empowers a defendant to expose a prosecutor to penalties and aligns the interests of crime victims and defendants in several ways.