The court ruled that the state’s implied consent law has specific provisions that generally require law enforcement officials to get a warrant to draw a blood sample if they do not receive clear consent from a suspect.

However, the ruling did leave in place the consent law’s provision that a refusal to give a blood sample can result in the automatic suspension of a DUI suspect’s driver’s license.

The specific case involved a DUI suspect named Jose Carrillo, whose blood was drawn by officers on the steps of a police van after vomiting. Carrillo had testified that he only spoke Spanish and that the officers did not speak to him in that language. He also said that he did not consent to having his blood drawn, but did not resist because he was afraid.

The Supreme Court ruling sent the Carrillo case back to the trial courts to determine if Carrillo did provide consent. However, his DUI defense attorney said that her client was deported after being convicted of the DUI.

If you or someone you know has been arrested for a DUI, contact our experienced Sacramento Criminal Defense Attorneys today for a free consultation with a criminal lawyer.

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Kevin S. Medford, Dale R. Medford and William W. Croye were also named as defendants in the suit.

On June 19, 2008, Jean Mease-Martin was hired by Medford Trucking as a coal truck driver, according to a complaint filed May 27 in Kanawha Circuit Court.

Mease-Martin began dating a man named Kerry Johnson, who also worked for the defendant as a coal truck driver, and their relationship lasted from approximately September 2008 until December 2008.

After the break up, Johnson began to harass Mease-Martin at work by following her while she was driving her truck, calling her repeatedly on her CB radio, broadcasting lewd and lascivious sexually degrading things over the CB radio and generally disrupting Mease-Martin’s work day, according to the suit.

Mease-Martin claims she reported Johnson’s unwanted behavior to the defendants and was advised by Croye that Johnson’s behavior was a “love fight” between her and Johnson and refused to take any action to address the inappropriate behavior.

Johnson’s behavior continued with drive-bys to Mease-Martin’s home and threatening phone calls, according to the suit.

Mease-Martin claims she again reported Johnson’s behavior to the defendants, who again refused to intervene.

In April 2009, Mease-Martin filed an emergency domestic violence petition due to Johnson’s continued threatening behavior, according to the suit, and was off work approximately six days during this time due to her fear of working with Johnson.

Mease-Martin claims he asked the defendants to honor the terms of the domestic violence petition, but that they refused to do so.

On June 11, 2009, Johnson broke into Mease-Martin’s home, cut her phone lines, held her at gunpoint, secured her with duct tape and raped her, according to the suit. He was arrested by the Kanawha County Sheriff’s Department on June 12, 2009.

Mease-Martin was absent from work for approximately one week following the incident and claims when she returned to work she was subjected to lewd and lascivious sexual comments regarding the rape.

From Nov. 1, 2009, until Nov. 4, 2009, Mease-Martin was absent from work for Johnson’s criminal trial.

On Nov. 6, 2009, Mease-Martin’s employment was terminated for “alleged excessive absences and anxiety attacks in the days preceding the rape trial for which she was the State’s key witness,” according to the suit.

Mease-Martin is seeking compensatory and punitive damages, lost wages and pre- and post-judgment interest. She is being represented by Jonathan R. Mani and Bernard E. Layne III.

The case has been assigned to Circuit Judge James C. Stucky.

The Sacramento Employment Law Attorneys of Bowman & Associates have helped clients across Northern California. If you or someone you know has legal questions, contact our Sacramento Wrongful Termination Law Firm for a free consultation with an experienced lawyer today.

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Back in October, Giudice and her husband, Joe, filed for Chapter 7 with the U.S. Bankruptcy Court in Newark, N.J., People reports.

According to the documents, the two owe nearly $11 million to creditors against their annual household income of $79,000, due to unpaid mortgages, hefty credit card bills and renovation obligations.

“While this is a personal matter, I realize that certain aspects of my private life will always be subject to scrutiny and distortion,” Giudice told the magazine in a statement.

“What is true is that due to the economy, most of my husband’s real estate ventures failed despite his hard work and effort. As a result, we looked to the Bankruptcy Court for a ‘fresh start.’”

The free-spending mother of four is often filmed showering her daughters with lavish shopping sprees and parties, and was once shown holding a stack of cash while furnishing her $1.7 million mansion in Towaca, N.J.

The Sacramento Bankruptcy Attorneys of Bowman & Associates have helped clients across California. If you or someone you know has legal questions regarding Chapter 7, contact our experienced Sacramento Bankruptcy Law Firm today for your free consultation.

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ADVANTAGES

Chapter 13 has a variety of advantages over other bankruptcy schema, such as the liquidation offered by a chapter 7 bankruptcy. Most notably, debtors filing a Chapter 13 bankruptcy are able to avoid foreclosure and keep their homes. In addition, chapter 13 allows the qualified debtor to reschedule his secured debts (meaning those backed by collateral.) In addition, debtors under Chapter 13 do not have to interact directly with creditors; instead, a trustee is appointed to that purpose.

ELIGIBILITY

Individuals, even if self-employed, are eligible for Chapter 13 bankruptcy so long as their unsecured debts are less than $360,475 and secured debts are less than approximately $1.08 million. These amounts are based on the consumer price index and are adjusted accordingly.

FILING A CHAPTER 13 BANKRUPTCY

Filing a Chapter 13 bankruptcy begins with the debtor paying a variety of fees and submitting an array of documents to the bankruptcy court; documents required include the following:

• List of assets and liabilities (including property);
• Income statement;
• Statement of financial affairs;
• List of any leases, contracts, or obligations held;
• Certificate of credit counseling;
• Debt repayment plan developed through the credit counseling agency;
• Evidence of monthly income;
• Proof of any expected increases in income;
• Most recent tax return;
• List of any interest the debtor has in federal or state education loans;
• A list of all creditors, including the amount and nature of their claims; and
• A detailed list of the debtor’s monthly expenses

WHAT HAPPENS NEXT

Immediately upon the filing of a Chapter 13 bankruptcy, the debtor is appointed a trustee. This trustee is responsible for the administration of the case. He evaluates the case and is charged with collecting payments from the debtor and disbursing them to his creditors. In this way, a Chapter 13 bankruptcy is very similar to a debt consolidation loan; at no point does the debtor have contact with his creditors. Further, the filing of the Chapter 13 bankruptcy immediately stays any collection action from a creditor.

The Sacramento Bankruptcy Attorneys of Bowman & Associates help clients across Northern California. If you or someone you know has legal questions, contact our experienced California Bankruptcy Law Firm today for your free initial consultation.

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The Hazel Avenue church, a community fixture for more than four decades and the site of Club Retro, a popular teen hangout that attracts hundreds weekly, will leave the property in July.

Church leaders said they cannot make the payments on the $5.6 million bond they borrowed to build a 900-seat worship center and update their property in 2000.

“The same thing that happened to a lot of other people happened to us,” said the Rev. Rich Oliver, senior pastor. “The bottom fell out, and there was nothing we could do.”

Church officials told the congregation Sunday about the foreclosure and plans to relocate.

Houses of worship are increasingly facing financial difficulties and more have trouble paying bills, according to industry experts. Donations have dropped and many have scaled back. One out of every 11 churches has lost 20 percent or more of its budget from a year ago, according to Barna Research, a marketing company that has tracked faith and cultural trends since 1984.

Many churches that borrowed heavily to expand or construct expensive church buildings at the height of the real estate market now face balloon payments. Some have gone into foreclosure.

“There’s no question we’re hearing more stories of churches having difficulty funding facilities and having loan issues,” said Phill Martin, deputy CEO of the Texas-based National Association of Church Business Administration. “People are concerned … but I wouldn’t call it widespread yet.”

The Orangevale church’s financial problem mirrors the residential market, where more than 52,000 homes have been foreclosed upon since the beginning of 2007 in Amador, El Dorado, Nevada, Placer, Sacramento, Sutter, Yolo and Yuba counties, according to California property researcher MDA DataQuick. Statewide, more than 650,000 households have been foreclosed upon.

“A lot of people in our congregation have lost their jobs and are in jeopardy of losing their homes,” said Oliver. “They’ve had to cut back in their giving.”

Times were good when church leaders at Family Christian Center decided to build a new worship center and make improvements on their 11-acre property 10 years ago. They added a new sanctuary called The Father’s House and meeting rooms for community outreach.

Shortly afterward, a portion of the congregation split and formed another church. Others left after Family Christian Center changed its worship style. With fewer members and less in donations, church leaders refinanced their loan with a balloon payment due in September 2009. When it came time to restructure their loan, Oliver said, “everything had changed.”

The value of the church property had plummeted to half its original $8 million value. Meanwhile, payments on the restructured loan would be about $40,000 a month, according to Oliver.

“We prayed about this a lot and studied every possibility,” Oliver said. “Finally, about six months ago, we realized we have to go into foreclosure.”

Oliver said he has held meetings with church members and informed them of the church’s financial difficulties. The pastor said the church will relocate to another building about 10 minutes away, but plans have not been finalized.

Sandra Meidinger, a church member for 20 years, called the foreclosure “unfortunate … but the church is not the building, the church is the family, the body of Christ.” She said church members have recently prayed for her husband, Jerry, who is battling cancer. “That’s what a church is about, not a fancy building,” she said.

Church elder Tom Econome said the church had no other option. “There’s faith and then there’s practicality. We just couldn’t do it,” he said. He said he has heard from other pastors who may be facing the same dilemma soon.

“The faith community as a whole is having these issues,” said Econome.

Oliver said the new church will be leaner. Last week, the church preschool closed. The elementary school will close at the end of the school year. “We’ll refocus on our strengths,” he said.

Club Retro, a popular activity center for teens, will continue at the new location.

Oliver said that despite the church’s woes, the congregation is healthy. More than 500 worshipers showed up for Easter services, he said.

“We’re growing,” said Oliver. “Everyone is ready to move on.”

The Sacramento Foreclosure Attorneys of Bowman & Associates have helped clients across Northern California. If you or someone you know has legal questions regarding foreclosure, contact our experienced Sacramento Foreclosure Law Firm today for your free initial consultation.

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The means test compares your average income over the last six months to the median income for a similar household in your state. It is a two part test. That is the key. First, if your average income over the last six months is no higher than the median income, you pass the means test and you do not need to continue to the second part of the test. Do not be discouraged even if your income is above the median income, you will still likely pass under part two of the test if you hire a knowledgeable Chapter 7 bankruptcy attorney.

Part two of the test analyzes your disposable income by applying a mix of real and uniform expenses to your average income over the last six months. An example of real expenses is the actual taxes taken out of your paycheck every pay period. An example of uniform expenses is the IRS standardized allowance for transportation depending on the number of cars you own. If your remaining disposable income — after deducting these expenses — averages less than $182.50 per month over a five year period, part two of the test is satisfied and you can file a Chapter 7 bankruptcy.

The key is hiring a bankruptcy attorney who is an expert regarding the mix of real and uniform expenses that can be deducted in order to get your disposable income below the mandated amount.

Sacramento Bankruptcy Attorney Chris Phillips and the lawyers of Bowman & Associates have helped clients across Northern California. If you or someone you know has legal questions about Chapter 7 Bankruptcy or Chapter 13 Bankruptcy, contact our experienced Sacramento Bankruptcy Law Firm for your free initial consultation.

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In his six years of practice, attorney Eugene Johnson with the Johnson Law Firm has never helped so many clients file for bankruptcy protection.

“This economy has hit just about everyone that I can see,” said Johnson.

Johnson has seen a varying degree of clients, including everyone from those with six-figure incomes to the unemployed.

“We see all folks from all walks of life,” said Johnson, “We have represented doctors, lawyers on down to your average blue collar midnight shift worker.”

Across the United States bankruptcy filings are steadily rising.

“From 2006 to the present, you’ve probably seen a jump of about 100 percent, meaning that in 2006 there was approximately 600,000 bankruptcies filed nationwide. Last year alone, it was about 1.2 million.”

The U.S. Bankruptcy Court for the Middle District, which includes Jacksonville, is the third busiest bankruptcy court in the nation.

In 2008, there were 42,557 filings in the district. That jumped to 61,690 filings in 2009, resulting in a 45 percent increase.

“We expect even more this year,” said Johnson.

In Jacksonville specifically, there were 8,412 filings in 2008 compared to 11,144 filings in 2009. That’s an increase of 32 percent.

“If you need to file, you need to file. And the realities are such that most folks only have enough income coming in the door to pay necessary bills and living expenses,” said Johnson.

Johnson only expects more of that same reality and more clients coming through his door as the economy sluggishly rebounds.

“Last month there were 5,000 filings in the Middle District,” said Johnson.

The Sacramento Bankruptcy Attorneys of Bowman & Associates have helped clients across Northern California. If you or someone you know has legal questions regarding chapter 7 or chapter 13 bankruptcy in Sacramento, contact our law firm for a free initial consultation.

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There’s also no sign that things are slowing down. Bankruptcies have been coming in waves, first with those 18 months ago who had adjustable-rate mortgages, then with those who lost their jobs due to the housing downturn. Now more wealthy individuals and business owners are filing who have finally succumbed to lower incomes and shrinking home values.

What do these numbers tell us? Well, for one thing, it demonstrates that everybody is vulnerable to becoming a victim of the economy. People who were in good financial situations just two years ago are now coming to the realization that their underwater mortgage is not going to turn around anytime soon and that the job market will not bounce back as quickly as hoped. As more and more time goes by without real economic turnaround, more and more people are looking for ways to cut their losses and start fresh.

Bankruptcy is the solution many have turned to. It provides an opportunity to begin anew.  If you are interested in weighing your options, give Sacramento Bankruptcy Lawyer Christopher Phillips a call at Bowman & Associates. Consultations are always free and there is absolutely no obligation. The Sacramento Bankruptcy Attorneys and staff at Bowman & Associates are experienced and knowledgeable and can guide you through a Chapter 7 or Chapter 13 bankruptcy.  The process is relatively painless!

If you are bit by a dog there are a few easy steps that you should take to help protect your rights. First of all, you should locate the owner and take down identifying information on the owner. You should ask the owner if he has any homeowner’s insurance or other insurance that may protect you. Take down this insurance information. Next, you should take pictures of any injuries that you suffered. Also, you should get the names and phone numbers of any witnesses to the incident. Finally, you should contact an attorney to discuss your matter. The attorney will generally offer a free consultation and if she should take your case you will not have to pay anything up front. Generally, the attorney’s fees are taken out of any settlement that they attorney gets you.

You must never sign anything given to you by the other party or her insurance company. Do not give a statement, either written or oral to the other party’s insurance company. These statements will only be used against you in the future. Do not hesitate to contact an attorney. If you wait too long to speak to an attorney you are in danger of losing any right to compensation. There are laws called statutes of limitations which say that you must start a lawsuit within a certain period of time or you are stopped from filing any lawsuit in the future.

Although the attorney will take a portion of the settlement, it is almost always best to have an attorney. The insurance company will offer the person representing themselves much less than the case is worth. Attorneys are trained to get the best possible value for your case and you almost always save money by hiring an attorney.

The lawyers at Bowman and Associates are well-experienced in representing victims of dog bites. They have handled many of these cases and have gotten the best results for their clients. Do not hesitate to contact me, David Foos, at dfoos@bowmanandassoc.com or Jesse Atwal at jatwal@bowmanandassoc.com so that we can help you get compensation for your injuries.

The Internal Revenue Service regulate independent contractors differently from employees. Whether you hire people as independent contractors or as employees will affect the amount of taxes you will pay and the amount of taxes you withhold from the employee’s paycheck. This also has an impact on any additional costs your business must bear, any documents and information the person or people you hire must provide you, and tax documents you must give them.

The factors that separate an independent contractor from an employee are threefold. First, if the business has the right to direct or control how the work is done through instructions, training or other means, Behavioral Control exists and the worker is more likely to be deemed an employee. Second, the person is an employee where the business can direct or control the financial or business aspects of his or her job. This is because the business exercises Financial Control over the worker.

And finally, the Type of Relationship helps determine whether or not the worker is an employee. In other words, the more a business has the right to control or direct on what is to be done and how it is done, the more the worker is likely to be considered an employee. If the business can only control the result of the work done, as opposed to the means and the methods of accomplishing the result, then the worker is more likely to be deemed an independent contractor.

In short, knowledge of the Tax Laws applicable to business payroll taxes can reduce numerous business costs and expenses. However, misclassification of workers as independent contractors can end up with substantial tax bills, penalties for failing to pay employment taxes and failing to file required tax forms. Therefore, speaking with a tax professional can help you assess your case more effectively.

If you are seeking tax advice or need assistance with a tax problem, contact the Law Office of Bowman and Associates to discuss your legal options.