This morning I read that there had been a motor vehicle crash in which a big-rig driver lost consciousness while choking on some food and it caused his tractor-trailer to veer onto the right shoulder of the roadway and then cross all eastbound lanes. The big-rig then crossed over the center divider and hit a BMW travelling westbound head-on. The two occupants of the BMW were killed instantly.

In the last few years legislatures across the country have passed traffic safety laws to protect us against distracted drivers. We now have laws making it illegal to talk on a cell phone while driving unless it is hands-free, and laws that make it illegal to text while driving. In California, minors have a total ban on using cell phones while driving. Still, thousands of motor vehicle crashes occur each year because of distracted drivers.

When I sat as a Court Commissioner I heard numerous trials in which the driver who caused the accident was talking on a cell phone. I also heard many cases like the above where the driver was eating, and as a result inattentive. I had one similar case in which the driver was eating popcorn and choked on a kernel, and then caused an accident. Luckily, no one was hurt in that case.

We must all be careful to avoid distractions while we are driving and remain vigilant to all possible distractions. A hands-free device can cost less than $50 and can prevent serious consequences. If need be, pull over to take care of the telephone call or other important task.

If you are injured due to the negligence of a distracted driver or are involved in any automobile crash, do not hesitate to call me to help with your case. I bring to bear many years of experience both as a trial attorney and as a traffic commissioner. I provide free consultations and if I take your case I pay for all up-front costs. I can be reached at dfoos@bowmanandassoc.com, or by telephone, (916) 923-2800.

Driving Under the Influence is a criminal charge in California that can potentially carry a wide variety of punitive actions. Throughout the state and the rest of the country, drunk driving laws are becoming more rigorous and heavily enforced. This has resulted in harsher punishments with lower legal limits for blood alcohol content. It is important to know that upon conviction for drinking and driving, you face the loss of driving privileges (a driver’s license suspension or revocation), increased insurance premiums, heavy fines, and possible jail time.

Our experienced Sacramento DUI defense attorney David P. Foos offers this list of dos and don’ts if stopped by the police for drunk driving.

1. Tell the police that on the advice of your criminal defense attorney you wish to remain silent and not speak to them. In the first stages of your encounter with a police officer you are not considered in custody so that they are not required to read you your Miranda rights before asking you questions. If police suspect you are driving under the influence of alcohol or committing some other crime they will ask you questions that seem innocent but are intended to gather evidence against you;
2. Tell the police that you wish to speak to an attorney. This is known as invoking your rights. The police can not question you any more once you invoke your rights;
3. Do Not refuse to take a blood alcohol test. If the police suspect you of driving under the influence you are required to take a breath or blood test – you can choose. But don’t make the mistake of refusing both of the tests. If so, on a first offense your driver’s license will be suspended for one year;
4. Do Not perform the field sobriety tests. These tests are optional and are only used by the police to gather more evidence against you. Examples are walking a line, doing a hand-pat, or touching your finger to the tip of your nose. ( the one exception is if you are very certain that you are not under the influence.). Then you can only clear yourself.
5. Do Not Take the Preliminary Alcohol Screening test. This is the breath test given by the side of the road. This test is considered a field sobriety test and you are not required to take it;
6. If you are actually incarcerated – Do Not talk to anyone about your case, except your lawyer. Their are jailhouse informants all around that will sell you out to get leniency in their case. Also, when you talk to your family during visiting it is being recorded and can be used against you later in Court;
7. Do be entirely honest with your attorney. Your attorney can only represent you well if s/he knows the truth of what happened. Your attorney is usually very knowledgeable and can help develop defenses that you may not be aware of, but only if s/he knows the whole story.
8. If you are arrested for driving under the influence the police will have confiscated your driver’s license and given you a pink slip to indicate that you’re license will be suspended in 30 days. You have ten days to request a hearing before the Department of Motor Vehicles as to whether the license suspension should go into effect. You should immediately request a hearing so that if your attorney is able to find a defense you will not have given up your right to contest the suspension.

You should always consult with an attorney on your case. Many attorneys including me, Retired Commissioner David Foos, at Bowman & Associates offer consultations at no cost. The attorney will be able to inform you of the possible consequences and possible defenses to your charges. Hope this advice is useful. If you are looking for a good criminal defense Sacramento attorney keep me in mind. I am David Foos – (916) 923-2800 or can researched by email- dfoos@bowmanandassoc.com.

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In order to obtain a court order for spousal support the requesting party has to file a “Request for Order” with the court specifically requesting support. This request also has to have been noted in that parties first filing of the Petition for Dissolution or Legal Separation. Upon a request, the court can order temporary spousal support until the parties are able to obtain a final judgment of dissolution. At the time of the final judgment the court can also order long term support, up to one-half of the term of the marriage for marriages less than ten years.

If the party awarded support has not been in the workplace or has only worked part time, often the paying party will request the court for that person to seek employment to become self sufficient. The now famous case of Gavron set the standard for such a court order and the Judge can give the receiving party a Gavron warning. This means that the Judge tells the receiving party that it is now formally on record that they must take steps to become self sufficient. There is no set time for the steps to take place and no schedule or task list issued, it is a general warning. The Court expects that in the future the receiving party will become employed and more self sufficient and at this time the paying party can petition the court to modify [lower or stop] the spousal support. If after a period of time the receiving party is not employed or more self sufficient the paying party can also petition the court for an order imputing an income amount into the calculation for support and modifying the support lower.

If you are receiving support and a Gavron warning has been issued to you or if you are paying spousal support and you wish the court to issue a Gavron warning to your former spouse, it is best to seek the advice of a qualified family law attorney. One of the Sacramento family law attorneys at Bowman and Associates is ready to assist you with this process at your request, just give us a call. We offer FREE case evaluations.

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The absolute number one question I receive as an immigration attorney from my Mexican clientele is:

“I am a U.S. Citizen but my spouse came here illegally several years ago. How do I get them legal?”

The answer always was: you can apply for the family member now but they would have to go back to Ciudad Juarez, file a hardship waiver, and then wait for approximately six to eight months for approval. However, if that hardship waiver is denied in Mexico, then the family member is stuck there and cannot sneak back or they will face a permanent bar.

Usually this quick conversation stopped about 70% of our potential clients from filing a hardship waiver. The reasoning being that the stakes were too high to file for this waiver. Unless a family had a “clearly approvable” case and was all but guaranteed that the hardship waiver case would be approved, most people did not choose to file this waiver.

On January 2, 2013 the Secretary of State Janet Napolitano announced major changes to the hardship waiver process that millions of families were waiting for. Now one can file the waiver here in the United States and once approved, they can leave to their home country for an interview and be back in the United States a few weeks later. Essentially, the major risk factor of being denied while back in the home country is eliminated.

Our California immigration law firm has successfully filed and obtained approvals of hardship waivers out of Ciudad Juarez. We are happy to hear that this new process will allow families to finally move forward in obtaining status for their loved ones. Since these hardship waivers take a lot of time and effort, I charge a one time consultation fee of $200 to determine whether you have a strong hardship case. It is vital to have a licensed immigration attorney prepare your hardship waiver since most of the time you only get one bite at the apple. Call us today for a consultation.

1. Paperwork

The scope and amount of paperwork necessary to file for a divorce or legal separation is extensive, particularly if there are children involved or domestic violence. Often to add to the frustration, the court rejects paperwork that is not completed just exactly the way that is expected involving even more trips to the courthouse to file once again.

2. Time

Without the prior knowledge about how to complete the forms it is possible to have to set aside two days to complete the paperwork. Additionally, with the cutbacks and layoffs at the Courts there is usually no one available to help with questions. If you are employed you might have to plan on taking several days off to figure out and then complete the proper paperwork. Even if the court accepts the paperwork, later the Judge can dismiss the matter if it lacks certain elements causing the party to have to re-file once again.

3. Money

Taking off work and running back and forth to the Court is not cheap and can harm your employment relationship.

4. Children

When child custody and visitation is involved, the court must follow a strict process and if you do not understand the process you place yourself at a distinct disadvantage. If not handled properly you can potentially lose custody of your children or have your visitation times severely limited by the court.

5. Support

In today’s economy it is very expensive to raise children and to maintain a certain lifestyle after separation. Failure to file the proper documents to request support can result in lengthy delays that could place thousands of dollars in support at risk. If you are ordered to pay support, improper preparation can cost dearly with a hefty support order against you.

6. Property

The California Family Code provides for an equal division of property on dissolution, but failure to seek disclosures and failure to have proper support documents can place your property at risk. A qualified attorney can ensure that you receive the property you deserve or cash equivalent if not.

7. Debts

Just like other property, debts are to be divided equally at the time of dissolution of marriage. Failure to quantify the debt or to trace the source of funds can place you at a disadvantage in the process and you could get stuck with lots of debt.

The skilled family law attorneys of Bowman & Associates help clients across California from our offices in Sacramento & Folsom. If you or someone you know has legal questions regarding divorce or family law, contact our seasoned lawyers for a FREE consultation.

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Unfortunately, when the payments stop, the collection letters start pouring in. Legally speaking, most of the collection letters are correct in that you may be on the hook for damages for breaching your timeshare contract. (Remember, the 30 page contract you signed and initialed in a hurry in order to get your free prize?)  Over the last couple of years our Sacramento law firm has started firing back at these collection efforts and terminating the timeshare contracts. Recently, there have been numerous class action lawsuits filed against these companies throughout the U.S. Federal courts for their unscrupulous practices.

In every contract there is an implied covenant of good faith and fair dealing. This is a covenant of fairness and equity implied in all contracts for liability purposes, and this covenant is breached when there is “conscious and reckless disregard” to the rights of the contracting party: Jenkins v. Family Health Program, 214 Cal.App.3d 400 (1989). We believe the timeshare companies breach this covenant every time they modify the contract by increasing the maintenance fees, overbook the timeshare, or force you to “bank” your points with an unknown company that charges you more user fees.

Don’t let these collection letters scare you into paying more money into this terrible investment. On numerous occasions we speak to the timeshare company’s legal department, and to avoid costly litigation we will try to resolve your timeshare case. Call me today to discuss your legal options. The consultation is free and you will speak to me directly.

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From my experience, it is obvious that timeshare companies prey on people with good credit and solid financial backgrounds. They pull the bait-and-switch trick by enticing people with anything from free dinners, shows, free trips, or appliances. (We heard one timeshare company offering free toasters). Trust us; your “free” prize will be one of the most expensive purchases you will ever make in your life!

Once you walk into the presentation, the timeshare salesman will try to sell you a package at whatever price you can afford. It will be guaranteed to be one of the most high-pressured sales pitch you’ll ever experience with promises of how a timeshare is such a great investment for you and your kids. Here’s the truth and example that we give our clients:

For the purchase price you just paid for the timeshare and future maintenance fees: you could have booked the Presidential Suite in whatever hotel they’re offering you, ordered 10 cases of fine champagne, taken a bath in it, and that will still cost you less money than paying for a timeshare. The unfortunate part is, most people are forced to quickly sign the timeshare contract without reading it and they do not bother to do the math.

Sacramento Attorneys for Contracts

Most companies have figured out that people are sick and tired of the timeshare craze, so there are plenty of timeshare buy-back programs. From what our clients have told us, many of them are also scams. The only companies that are worth your money are the ones that don’t charge an up-front fee and pay you only after they sell your timeshare. Our law firm has heard excellent feedback from a company called “Preferred Timeshare Resales” and owner Karen Phelan. Every other company, please be careful if the program asks for an upfront fee of $500 to $3,500.

Feel free to give me a call and I can discuss with you the options you have to get rid of your timeshare. Our Sacramento contracts and litigation law firm does not specialize in timeshare resales but we have handled numerous cases where we have terminated our clients’ timeshare contracts. We just ask that you are not emotionally attached to these timeshares since there is no going back once we initiate your case. Call (916) 923-2800 today for a free consultation. We are here to help.

Secured debt, in contrast, requires the borrower to abide by a contract to pay on the debt and give the lender an interest in the property. If the borrower fails to pay the monthly bill then the creditor can use the property to satisfy the debt by repossessing it, selling it and applying the proceeds to the contract balance. If the proceeds do not fully pay the debt then the secured creditor has a claim for the deficiency as an unsecured debt.

A secured creditor is in a better position than an unsecured creditor because it can collect on the debt and take back the property.

Sacramento Bankruptcy Attorney

The experienced debt resolution lawyers of Bowman & Associates help clients throughout California from our offices in Sacramento and Folsom. If you or someone you know has legal questions regarding secured debt, bankruptcy and protecting your property, contact our law firm for a free case evaluation. We have helped thousands of clients hold onto their belongings and we can help you.

If you are under investigation for or have been arrested for an Internet crime, including identity theft or Internet fraud, our veteran Rocklin internet crimes lawyer is prepared to build a strong defense on your behalf. Bowman and Associates attorneys are experienced negotiators and litigators, defending clients charged with matters such as:

• Fraud
• Identity theft
• Embezzlement
• Cyber fraud
• Credit card fraud
• Hacking
• Stolen Social Security numbers
• Internet sex crimes

Basically, any crime committed by, through, or using the internet is an internet crime. This field is rather new and very quickly growing due to the advent of modern internet technology. Virtually any crime, from harassment to fraud and identity theft, can occur over the internet.

The Rocklin internet crimes attorneys of Bowman & Associates help clients throughout California from their offices in Sacramento and Folsom. If you or someone you know has legal questions regarding internet law, contact our experienced law firm for a free initial consultation.

Chapter 13 Bankruptcy cases, are commonly referred to as a wage earner plan, and is what some unscrupulous persons advertise by saying, avoid bankruptcy, file a wage earners plan or a debt consolidation, implying that it is a non bankruptcy procedure. Of course they aren’t being truthful. Our seasoned West Sacramento Chapter 13 bankruptcy attorneys at Bowman and Associates understand that serious financial difficulties can invade every area of your life, causing undue stress, depression, and feelings of desperation. However, bankruptcy allows you to take charge of your financial situation and start with a fresh financial slate, so that you may move on with life.

How do you pay back debt when even paying the monthly interest is a challenge? Chapter 13 bankruptcy might be the answer. For those who don’t qualify for Chapter 7 “liquidation” bankruptcy or who have assets that they want to protect, Chapter 13 “reorganization” bankruptcy is a good alternative. The Bankruptcy Code generally allows the debtor three to five years to pay off the debt. If the creditors (and the bankruptcy court) approve the plan, the debtor makes regular payments to the bankruptcy trustee and the trustee pays the creditors in accordance with plan provisions.

The West Sacramento Chapter 13 Bankruptcy attorneys of Bowman & Associates help clients throughout California from their offices in Sacramento and Folsom. If you or someone you know has legal questions regarding bankruptcy and your rights, contact our experienced law firm for a free initial consultation.