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Law Office of Randolph R. Melendez

Family Law, Criminal Defense, and Personal Injury

Law Office of Randolph R. Melendez

Family Law, Criminal Defense, and Personal Injury

Free Consultation: (909) 984-6888 or (909) 590-7791

Law Office of Randolph R. Melendez

Family Law, Criminal Defense, and Personal Injury

Free Consultation: (909) 984-6888 or (909) 590-7791

Personal Injury Attorney

FAQ

FAQ (Frequently Asked Questions and Answers)

COST OF REPRESENTATION

I accept all major credit cards and PayPal. For those who qualify I also accept payment plans. I feel each person's ability to pay should be considered when deciding to seek a lawyers help.

I've been charged with a crime, what should I do?

If you or someone you love has recently been charged with a crime contacting a lawyer as soon as possible should be your first priority as time is of the essence. Criminal proceedings are one of the most serious legal issues individuals can experience, and they can significantly impact your future. I believe that acting fast and speaking with legal counsel is one of the best things a person can do after being charged for a crime.

Do I really need an attorney?

In most types of legal action, no laws requires you to be represented by an attorney. However, you have to consider what's at stake. In family law and divorce cases, your financial and personal future are often at significant risk, and working with an attorney can provide you with the best chances for success. When charged with a crime, your freedom and future may very well be in jeopardy. 

What should I look for when choosing an attorney?

The attorney selection process is one of the most important parts of the legal process. You should always focus on working with an attorney who will give you 100% and go that extra mile to ensure all your rights are protected.

What are the Important Considerations in a Divorce?

  • Marital property division - also known as "equitable distribution" is when property and obligations are judicially divided between spouses.
  • Child custody - decisions made regarding physical and legal custody of the child or children involved in the divorce.
  • Visitation rights - a plan that is made to determine how the custodial and non-custodial parents will share time with the child or children.
  • Child support - determination of who will pay and who will receive support for the child or children, and how much.
  • Spousal support - determination of eligibility and the terms in which it will be paid.

In the state of California, a number of factors will be used to determine a spousal support arrangement. If you and your spouse are on speaking terms and feel that you can amicably agree on terms yourself, you can get quite creative with the way the alimony will be paid. If not, a judge will take these issues into consideration when making a final determination:

  • Length of the marriage
  • Quality of living
  • Contribution to the marriage - both financial and non-financial
  • Debts and financial obligations that each party is leaving the marriage with
  • Each spouse's level of education and ability to work
  • Each spouse's health and age

The outcome of a spousal support case will vary from case to case. 

What Constitutes Community Property in the State of California?

Community property is property acquired after the marriage and before physical separation. Any property brought into the marriage, received as a gift or inherited will usually not be included in the division. Sometimes one spouse will enter the marriage owning a business. This would be considered separate property. But, if the business continues to operate during the marriage, and the value of it increases, any growth between the marriage and physical separation would be subject to being counted as community property.

I Have Been Charged With DUI - What Do I Need to Know?

California Vehicle Code Section 23152(a):

The most basic California criminal charge of driving under the influence of alcohol or drugs (DUI) is found at California Vehicle Code Section 23152(a). There are many different types of California DUI criminal charges in California. These DUI charges include: VC 23152(a), 23152(b), VC 23153(a), VC 23153(b), VC 23105.5, VC 23140, PC 191.5 (Penal Code), and others.

The California Vehicle Code Section that is charged depends on the facts of the case, including the age of the driver, whether or not the driver is driving a commercial vehicle, whether there are injuries involved, etc.

The most common criminal charge for a California DUI is found at VC 23152(a). According to VC 23152(a): "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." 

Notice that the words "0.08% or more" is not included in the language of VC 23152(a). Many people believe that if their Blood Alcohol Concentration (BAC) is less than 0.08%, also known as "the California legal limit," that they cannot be charged with a California DUI. However, even if the defendant's BAC is less than 0.08%, he or she may still be charged with DUI under VC 23152(a) if the arresting officer believes that any measurable amount of alcohol or drugs has influenced the driver's ability to safely operate a vehicle. 

What are the Penalties for DUI?

The penalties for DUI under VC 23152(a) include some or all of the following: Jail terms up to 180 days for a first time offense, license suspension, probation, fines, insurance rate hikes, mandatory DUI class attendance, installation of Interlock Ignition devices, possible immigration consequences (for non-U.S. citizens), professional and/or occupational license suspension or revocation, and more.

For DUI charges of VC 23152(a), where prior DUIs are alleged to have been committed by the defendant, the penalties can be very severe. For more information on DUI charges under VC 23152(a) with prior DUI convictions contact a DUI attorney.

The only penalty that is not associated with DUI VC 23152(a) charges are those associated with the Department of Motor Vehicles (DMV) Administration Per Se (Admin Per Se) hearings. What these means is that the DMV license suspension hearing concerns DUI license suspension only where the driver is found to have a BAC of 0.08% or more. If the only charge the defendant is facing is a DUI charge of VC 23152(a) then the DMV will not hold a separate hearing to determine whether or not the defendant may keep his or her driver's license. However, if the defendant is ultimately convicted of DUI under VC 23152(a), then the DMV will likely suspend the driver's license for six months on a first time DUI charge. 

It may be possible to reduce a DUI which is charged under VC 23152(a). It may also be possible to reduce the sentence or penalties associated with a DUI charged under VC 23152(a).

When charged with a DUI, you only have 10 days to act! Starting at the time you are arrested, you only have 10 days to request a DMV hearing before automatically losing your license.

© 2014 Law Offices of Randolph R. Melendez

Service Area: Randy Melendez serves Riverside county including these cities: Chino, Chino Hills, Pomona, La Verne, Claremont, Upland, Rancho Cucamonga, Ontario, Montclair, Eastvale, Norco, Corona, Riverside, and Diamond Bar.