Penalties in California for Violation of Probation

Probation is a penalty imposed on a convicted offender that uses various means of court supervision instead of jail time.  Probation is a better alternative to prison or jail time, but those who fail to respect the rules will face dire penalties.  The penalties you will face depend upon a number of different aspects, but are largely affected by whether your probation is formal or informal.  If you violate probation, either by failing to perform conditions of probation, or by picking up a new arrest, you have a right to a formal hearing before a judge.  You do not have a right to a jury trial because you already pleaded guilty in order to be put on probation.  In a probation violation hearing, you have a right to be represented by a lawyer.  We recommend that you select a reputable lawyer who has experience in probation violations and bench warrants.

probation_violations-optimizedMain penalties of probation violations involve:

  • Revoking your probation and sending you to a jail or prison to serve the remaining years of your sentence.
  • Modifying the terms of your probation to make them more severe.
  • Reinstating your probation without modifying your current terms and conditions.

Also, violating the terms of probation will end up with financial repercussions.  Probation violation bail amounts can vary greatly by situation and location – California permits each county to set forth their own bail amounts.  In Los Angeles County, a person will face a $10,000 bail amount for violating the terms of their probation, while in Orange County, the amount is $15,000 for misdemeanors.  On the other hand, in Sacramento County, a person rearrested for violating felony probation will cost $20,000 for bail and a violation of misdemeanor probation in the same county is $10,000 for bail.

For more information about types of probation, violation of probation, or need to speak with an expert attorney, contact our law firm now!  Hire us!

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Can a Motorcycle Be Classified as Lemon?

Lemon Law applies when there is a vehicle defect or condition, which considerably impairs its use, value or safety, and when this condition can’t be repaired after a certain number attempts by an authorized manufacturer’s dealership. This nonconformity must first occur within a certain number of months or miles, whichever comes first.  Car owners should know the articles of this law well, since it protects them against bad investments.  Should bike owners also be acquainted with this law too? Can a motorcycle be classified as lemon?  Our California lemon law attorneys can explain this more thoroughly to you.

lemonThe provisions of the Lemon Law differ by state, regarding the number of repair attempts for the same defect, mileage or number of days in which the vehicle wasn’t in operation. For example, in California, the Lemon Law also applies for motorcycles.  The Song-Beverly Consumer Warranty Act known as the California Lemon Law covers new motor vehicles, including motorcycles. The California Lemon Law can be used to oblige a manufacturer to replace or repurchase the motorcycle under certain conditions.

Lemon law for motorcycles outlines a different specified number of defects which can be considered a potential threat to vehicle safety. When it comes to bikes, any kind of defects can cause a serious injury and even death. A motorcycle is qualified as a “lemon” if a manufacturer or its authorized dealer failed to repair it. The repaired motorcycle has to conform to the terms of the express warranty after a reasonable number of repair attempts. The Lemon Law protects motorcycle owners who experience problems with their bikes within the manufacturer`s warranty period.

Under the California Lemon Law statute, owners of lemon motorcycles may demand for a replacement motorcycle or a full buyback. The latter will include:

  • Full motorcycle price or paid monthly payments and down payment if the vehicle is financed
    • Registration fees
    • Sales tax
    • Incidental damages
    • Vehicle rental cost and towing reimbursement
    • Attorney`s fees

If you have a motorcycle and it can be considered a lemon, you should call us for more info about all existing legal approaches for getting your money back.  Contact us!

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What Is Habeas Corpus?

Unless you have a passion for criminal law, or you are forced to ask about it because of a court order, there is little chance that you have heard of “habeas corpus.”  Habeas Corpus is a Latin phrase, literarily meaning “you have the body” and it is recourse under the law whereby a person reports unlawful detention before the court. In the US judicial system, federal courts can use the writ of habeas corpus to check if the detention of a prisoner is valid. You will need a specialized lawyer to help you represent your case and obtain this court order. Hire a criminal defense attorney in Los Angeles, CA.

attorney_civil_losangelesHabeas corpus, also known as the Great Writ, is a court order that summons the custodian to explain why a person is imprisoned. When challenging your detention by filling the petition, the executive branch must explain to a neutral judge the justification for keeping you in detention. Habeas corpus is a civil action against a state agent (warden, custodian) who holds the defendant in his custody. It is also used to examine any extradition processes used, amount of bail and the jurisdiction of the court. The federal court’s review of a habeas corpus petition is considered to be collateral relief of a state court decision rather than direct review.

Nowadays, habeas corpus is primarily used as a post-conviction remedy for state or federal prisoners who contest the legality of the application of federal laws that were used in the judicial proceedings that culminated in their imprisonment.

Other uses of habeas corpus include immigration or deportation cases and matters concerning military detention:

  • court proceedings before military commissions;
  • convictions in military court;

Finally, habeas corpus is used to determine preliminary matters in criminal cases, such as:

  • an adequate basis for detention;
  • removal to another federal district court;
  • the denial of bail or parole;
  • a claim of double jeopardy;
  • the failure to provide for a speedy trial or hearing;
  • the legality of extradition to a foreign country;

Our lawyers are ready to represent your case.  zolonzassociates.com

 

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How to Answer a Lawsuit for Debt Collection!

When a person or a company considers you owe them money, they will either hire a debt collector or will start a debt collection lawsuit.  It is in your best interest to know all your rights if you are accused of this. Hire a professional Los Angeles criminal lawyer and ask how to answer a lawsuit for debt collection. Furthermore, the lawyer will analyze and will tell you the chances of getting rid of all the accusations.

0723_lawyer-money-gavel_400x280You should always respond to any complaint regarding debt collection. Otherwise, the court will enter a default judgment against you, the plaintiff will win automatically and will get a judgment for everything they asked in the complaint.

Once you are sued, you must first write a response to the court.  The lawyer will tell you how much time you have to reply to the complaint. Time to reply is limited, usually 20-30 days since the complaint was handed over to you (not the day it was written). In the packet received with the complaint, you will also find the summons document, which presents the date you must go to court and respond to the lawsuit.

Talk with a lawyer to prepare your strategy and respond.  Analyze all evidences presented by the plaintiff. There are many cases when the plaintiff asked for outstanding debts to be recovered, but the owed sum was significantly lower.  If this is also your case, gather all the evidence and send them with the response.  In the response you must admit or deny any allegation.

If possible, the lawyer will use an affirmative defense, citing the fail to state the basis of the lawsuit, the fact that the debt is time-barred or that the plaintiff lacks legal standing.  Hire a competent lawyer and he will help you get through this unpleasant lawsuit.

Our company provides highly qualified lawyers and they will fight for you. Visit us!

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What are Your Rights in a Car Accident?

Car accident laws determine who is responsible for the accident and what penalties should be applied to the at fault party. Car accident litigation is governed almost entirely by state law. Both parties involved in a car accident, the victim and the one responsible for the accident, are subject to specific laws. In almost all cases, specialized consultancy is required. Hiring one of the many civil laws attorneys in Los Angeles is recommended. But first, let us look at your rights in a car accident and the first things to do if you are in one.

law4You have the right to a just and fair lawsuit. If you are the victim of a car accident, you must ask for and receive proper compensation. In order to get compensation, you must prove four elements: duty, breach, causation and harm. The duty of drivers refers to respecting the traffic laws and operating the vehicle in a responsible manner. The existence of duty is usually accepted without much argument. The plaintiff will be required to bring evidence that the defendant breached duty. This can be done by bringing sufficient evidence: testimonies, blood alcohol readings, damage reports and so on.

You have the right to question the witness, to photograph the scene of the accident right after the incident and you can ask for traffic surveillance videos. All parties involved in the accident should do that. These elements will help determine who breached the traffic laws.

You have the right to fair compensation. Bring detailed reports for all injuries and property damage suffered. You can also bring receipts for medical care and car repairs. Speak with a lawyer and figure out what is the best way to represent your case and how much to ask in compensation.

If you want to work with the best lawyers in the state of California, contact us. Visit our Homepage!

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5 Signs You Need Help from a Los Angeles Attorney

Los Angeles criminal attorneys are some of the best in the whole state. Choose the right company and you will surely win the case. We present you a list with 5 situations in which hiring a lawyer is necessary:

 

  • You have been accused of tax evasion or other financial crimes. The IRS is rarely mistaken when it comes to financial frauds. But it is not unheard of to win a case against the IRS and they will willingly admit that they have charged you unfairly. An honest taxpayer will certainly win the case if he works with a good lawyer and brings sufficient evidence.los angeles attorney
  • You own a lemon vehicle. It is really frustrating to have a vehicle that constantly needs repairs or is not operational. Consult lemon legislation and seek help from a lawyer if the dealer who sold you the vehicle does not want to cooperate. Do not forget to prepare all of your documents, including receipts, contracts and warranties.
  • You want to settle the terms of a divorce. No matter the reasons a married couple chooses to separate, a divorce is always a complicated process. Your assets must be divided fairly. Choose a good lawyer to represent your financial interests.
  • You have been involved in a car accident. Victims of car accidents typically seek justice in court if they are not properly reimbursed by the one who caused the accident. Medical documents and police reports will help a good lawyer win the case and get proper reimbursement for his client.
  • Contractual arrangements were not respected by the people you hired. If you hired a company or just a few individuals to provide some services and they did not perform well, you have all the rights to demand your money back.

Visit our website, if you want to know more about our company and the services we provide.  Visit our Homepage!

 

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On What Grounds Can You Sue for Negligence?

Negligence, as described by legal dictionaries as failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not.

sue for negligenceNegligence is accidental, distinguished from intentional crimes, although some crimes can be considered negligence – for example, reckless driving.  The negligent person must assume liability and support the rigors of the law.

In this blog post we will talk more about the grounds you can sue a person for negligence.  If you have been a victim of negligence, you should contact a criminal attorney in Los Angeles.

You have the right to make a claim and sue the person for negligence when his / her actions or lack of actions results in physical or property damage. Moreover, a person or a company can be considered negligent when errors or miscalculations cause businesses loses. For example, a negligent broker can cause a company a loss of several millions of dollars on the market. The company has all the rights to take legal actions.

The injured party, legally named plaintiff, must prove that

  • The party alleged to be negligent had a duty of respect to the plaintiff or to general public.
  • The negligent party had a failure to act and this was a thing a prudent party would not have done.
  • Damage was caused by negligence.

Consulting a specialized criminal lawyer is a must. Criminal attorneys know all legal requirements needed for making a claim. Furthermore, some states apply concepts like “reasonable foreseeable damage” or “contributory negligence” and these can make the case more difficult.  It is your right to be reimbursed for any damage caused by the negligence of another person. Do not waste time and hire a criminal lawyer for a preliminary case evaluation.

Let us help you! We will fight for you and your rights!  http://zolonzassociates.com/

 

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5 Ways a Lawyer Can Help You with a Divorce

Going through a divorce is never easy. This is especially true if you do not have good legal representation. Hiring a civil law attorney in Los Angeles is important and advantageous. A lawyer can provide 5 important benefits. In most cases, divorces can be a difficult legal law-and-justice-concept-battle that can be long and emotionally scarring for those involved. It is better to make a divorce as quick as possible.

Here are 5 ways in which a lawyer can help you with a divorce:

  1. An attorney can provide the legal context in which a divorce is possible

Divorce is not the same in all states. Some state laws may not allow a divorce if certain conditions are not met. A lawyer can tell you if you can or cannot divorce your spouse and answer your questions.

  1. An attorney will help you organize your case

A good case will always be well organized. Since you may not have good knowledge of divorce laws and different proceedings, you may depend on an attorney to organize your case.

  1. An attorney can help you divide custody

Children should play a minimal role in your divorce case. A divorce can be difficult for a child to handle, so you should always have in mind your children’s best interests. An attorney can help you gain or share custody of your children. Shared custody is, in most cases, the fairest agreement between both parties.

  1. An attorney can help you protect your properties

A divorce case can leave you without any assets. Although this is an extreme situation, it can happen and you should prepare for it. A lawyer will help you protect your share of the assets during a divorce so that you do not lose everything.

  1. An attorney can make a divorce less emotional

If you hire an attorney, your divorce will seem more professional and less emotional. You will not have to discuss aspects of the divorce settlements with your spouse: a lawyer can take care of this. In this way, you will be able to concentrate on the case and think less of your feelings.

If you need help with a divorce, make sure you visit our website http://zolonzassociates.com. We provide legal help and counseling for civil law and criminal law. Visit us!

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What to Do if an Employer Refuses to Pay You? Call A Lawyer!

If an employer refuses to pay you, he or she is breeching the work contract that both parties (you and the employer) have signed. This can be a serious offense and you are entitled to take legal action if things are not resolved in due time. Calling a Los Angeles civil lawyer is important if you want to sue your employer.

criminal-defenseThere are various state and federal laws that protect workers from various abuses. It is mandatory for an employer to offer payments to the workers as agreed by both parties. Under the Fair Labor Standards Act, employers have to be paid extra for overtime and for any hours worked after the standard 40-hour work week.

What are your rights?

As an employee, you have rights that the employer cannot take away from you. You should always be aware and know what your rights are. Here is a list of situations when you are entitled to payment:

  • The right to a paid holiday.
  • The right to receive maternal or paternal leave and payments.
  • The right to be the set federal minimum wage.
  • The right to be paid extra for overtime (this includes working during a public holiday).
  • The right to a notice of dismissal and a written reason for your dismissal. (You have this right only if you have worked at least one month for your employer).

What to do if you have been treated unfairly?

Taking legal action against your employer should be the final step. The first step should be to confront the employer or the person in charge of your salary. In some cases, mistakes can happen and your payment may be late.

If you are fired, keep in mind that the employer has to give you prior notice and a reason for your dismissal. Also, the employer has to pay you for the worked days, even if you are fired.

As an employee, you have rights and you should be prepared to always defend them. We can help you if you wish to pursue legal action. Visit us at http://zolonzassociates.com/!

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3 Important Reasons You Need a Los Angeles Attorney

A Los Angeles attorney can help you build a strong case and it can save you from a harsh sentence. You should always have someone to call if you get in trouble with the law. We can show you how to find an attorney in Los Angeles  who is professional and reliable.

 

Here are our 3 main reasons for having a lawyer by your side:

  1. In case something unexpected happens

criminal-justice-degree-6You do not have to be a criminal to get in trouble with the law. One of the most common problems clients face are drinking and driving charges. Some people can be falsely accused of a crime and there are some who are condemned and serve prison time.

If you are arrested, a lawyer should be the first person to call. Many of us would panic in a stressful situation. This is when having an attorney can really matter. The thought that you have someone to call is a real relief in such situations.

  1. It keeps you out of jail

This is not meant to scare you into hiring an attorney. It is more of a warning, as it is important to always be prepared. A DUI can lead to a harsh sentence and, especially if it is not your first offence, you could be sentenced to jail time. A lawyer will help you make a good defense if you are accused. Even if the attorney does not manage to prove you innocent, he or she can convince the court to give you a lesser punishment.

  1. To protect your rights

A Los Angeles attorney is not only good for defense. You can sue people and improve your chances of winning with the help of a good lawyer. Suing is serious business and it should not be used to get revenge, but justice. A lawyer can help protect your civil rights and well-being.

You never know when things may take a turn for the worst, so make sure you visit our website! Our team of Los Angeles lawyers can help you in any legal matter.

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