GOODLAW

Tax Crimes

2010-11-19T17:36:00.000-08:00

One general example of a common white collar crime many people generally commit are tax crimes. Tax evasion, failure to file income tax returns, and tax fraud all fall under the general category of tax crimes, thus falling under the category of white collar crime.

Let’s start with tax evasion. When one evades their taxes, this generally means that one makes an effort NOT to pay their taxes illegally. This might usually mean intentionally concealing the true state of their transactions to authorities in order to reduce their tax liability or dishonest tax reporting such as declaring less income. It is important to know that tax evasion is actually different from tax avoidance, which is making use of legal methods to minimize tax dues. The consequences of tax evasion can be pretty steep, as this is considered a felony. One caught committing tax evasion can be sentenced to prison for up to five years, with fines adding up to $100,000.

A common mistake many regular Americans make is failure to file income tax returns. An estimated three percent of taxpayers in the United States fail to file tax returns, and the consequences are surprisingly costly. For each year a taxpayer fails to file their returns in a timely manner, the taxpayer faces a prison sentence of one year, with fines of $25,000 for each year no return was filed.

Lastly, tax fraud is committed if you purposely violate your own legal duty to voluntarily file income tax returns and/or pay the accurate amount of income, employment, and excise taxes that you owe. By disregarding your legal duty to do so, you actually pose a threat to the tax administration and economy, and Criminal Investigation (CI) will charge you with tax fraud.

For more information regarding white collar crimes such as tax crime, contact Kelso Lindsay at Lakewood, CA 1 877 GOODLAW (466-3529).

White Collar Crime

2010-11-17T23:58:00.000-08:00

When one thinks of the term white collar, one would immediately associate this with a salaried professional or an educated worker who carries out professional or administrative duties. Being a white collar worker is undoubtedly more superior than being a blue collar worker.

Somewhat related to the term white collar worker is the term white collar crime, as this term more often than not applies to crimes that are associated with business, and don’t usually involve violence or bodily harm.

Some examples of white collar crime involve issues with fraud, embezzlement, filing false reports or returns with government agencies, paying or accepting bribes, using mail or wire communications to defraud, and making false statements to acquire a loan.

White collar crimes can be taken to state or federal court, depending on what state or federal laws have been violated. Depending on the type of white collar crime committed, the penalties may vary. The punishments may even be as serious and as severe as those established for violent crimes.

When confronted with white collar crime, or questioned by a law or government official regarding possible white collar criminal behavior, it is smart to discuss with an attorney before answering any questions.

For more information regarding white collar crimes, contact Kelso Lindsay at Lakewood, CA 1 877 GOODLAW (466-3529).

California DUI Statistics

2010-11-05T01:00:00.000-07:00

Deaths, arrests, and accidents DO typically happen when driving under the influence of alcohol is involved. But have you ever wondered about the statistics involving this? For instance, did you know that every year in California there are roughly 200,000 arrests for DUI that are made? Also, since the .08% BAC law was implemented in 1990, DUI arrests actually decreased by 45%, while a 50% decrease in the number of DUI deaths was also seen that same year.

Some more California trends are:

Alcohol-involved deaths have dropped by 41% since 1988.
Among all convicted DUI offenders in 2006, 73.5% were first offenders, 19.7% were second offenders, 5.1% were third offenders, and 1.7% were fourth or subsequent offenders.
Alcohol-involved deaths decreased by 6.8% in 2007- a first after 8 years of a steady upward trend.
Between the years of 1990 to 2006, the re offense rate has gone down by 40.8% for first offenders and by 43% for second offenders.
In 2007, males made up 81.2% of all DUI arrests.
Also in 2007, there were 30,783 alcohol-involved injuries in California.
The average age in 2007 was 30 years old, and less than 1% were under 18 years of age.
In 2007, females made up 18.8% of DUI arrests.

For more information regarding driving under the influence, contact Kelso Lindsay at Lakewood, CA 1 877 GOODLAW (466-3529).

Halloween DUI Checks Across Orange County

2010-10-29T13:26:00.000-07:00

So it’s that time of the year once again when the holiday festivities start up, and Halloween is first on that list. This year, Halloween falls on a Sunday, but the celebrations will begin long before that. Expect tons of parties happening as early as Thursday! We all know that drinking and driving just do not go hand in hand, but of course, sometimes people just don’t use their heads, and assume they’ll be fine, or they won’t get caught. But be smart this Halloween, everyone. There WILL be check points and police officers patrolling all over Orange County while our spooktacular festivities are taking place.

Expect the Costa Mesa police to be keeping a look out for drunk drivers on Newport Boulevard and Flower Street between the hours of 8pm on Friday to 2am on Saturday. Tonight through Saturday, also expect police officers roaming around Irvine, Cypress, Garden Grove, and La Palma. Avoid the terrible consequences of getting caught drinking and driving this Halloween weekend and plan ahead.

Make sure to plan a safe way home before the celebrating begins. Make sure you have a designated sober driver. If you are too impaired to drive, call a taxi to take you home. Also, make sure you don’t let your friends drive home drunk either.

Have a happy and safe Halloween weekend, everyone!

More FAQs About DUI

2010-10-21T15:18:00.000-07:00

People are becoming more and more aware about the dangers and consequences of driving under the influence. Awareness is incredibly significant, and there are still so many aspects of DUI’s many people continue to learn about every single day. For this purpose, we will discuss more questions concerning DUI’s that are frequently asked, but never really answered.

What is “mouth alcohol”? - Mouth alcohol is one of the most common causes of faulty high breathalyzer readings. It is the presence of alcohol in the mouth, and will most likely show higher than normal results, since the breathalyzer presumes that the breath comes from the lungs.
What symptoms does an officer look for when pulling over a suspected drunk driver? - Police officers usually look for specific physical and behavioral signs such as: a flushed or red face, glassy or bloodshot eyes, strong alcohol breath, slurred speech, inability to stay balanced when outside the vehicle, difficulty in both pulling out their license and exiting the vehicle, inability to understand questions or follow directions, and inappropriate attitude.
What is a penalty enhancement? - Many states actually increase the penalty of a DUI depending on certain factors and situations. The most common factor of penalty enhancement is a recent conviction of the same or similar offense. Other factors also include: a child being in the car at the same time, driving 20 or 30 miles over the speed limit, BAC was over .20%, property damage or injury was involved, or being under 21 when being caught for a DUI.

For more information regarding driving under the influence, contact Kelso Lindsay at Lakewood, CA
1 877 GOODLAW (466-3529).

Factors That Can Affect Field Sobriety Tests

2010-10-19T18:46:00.000-07:00

There are actually quite a few factors that could affect field sobriety tests, and many people don’t realize that. Things such as gender, age, weight, illnesses, or even anxiety can affect how people perform during sobriety tests.

There are three general types of tests:

Horizontal Test (Nystagmus) - the police officer will position his finger or a pen about a foot from the driver’s face, and moves it from side to side, focusing on the eyes to see if it makes any jerking or trembling movements.
Walk and Turn - the police officer asks the the driver to take heel-to-toe steps (about nine or twelve steps) forward, then asks the driver to turn and repeat.
One-leg stand - the driver is asked to stand with their heels together, arms against their sides, and is asked to count out loud, while raising one leg about six inches off the ground, as their balance is tested.

While these drivers are being tested, it does not occur to them that such factors could truly affect their performance. For instance, weather conditions. Rain or snow could definitely have an effect on the results, as it may be difficult to concentrate while standing on one leg, or while making those turns. Also, medical conditions must be considered. There may be some cases wherein a medical condition may affect one’s balance. Being overweight can also affect the results, as well as the type of shoes one wears.

For more information and legal assistance regarding DUI cases, contact Kelso Lindsay at Lakewood, CA 1 877 GOODLAW (466-3529)

Rising a BAC Defense

2010-10-01T23:28:00.000-07:00

In the state of California, it is against the law to have a blood alcohol content level of .08% or higher WHILE driving, NOT at the time the time the chemical test is performed. It has been shown by studies that the human body can take from 30 minutes to 3 hours for the alcohol to be absorbed. It is definitely possible for an individual’s blood alcohol content to go up after the individual has been stopped and convicted.

The chemical test could show the individual’s BAC to be .10%, but because the alcohol was being absorbed, the BAC could have been .07% while the suspect was driving. The BAC defense is also the main reason police officers ask the suspect how many drinks they have had before driving, and when they had their last alcoholic drink.

For more information and legal assistance regarding DUI cases, contact Kelso Lindsay at Lakewood, CA 1 877 GOODLAW (466-3529)

All About DUI Sentence Enhancement

2010-09-30T12:56:00.000-07:00

An elevated penalty is usually required in California when certain pieces of evidence are discovered. For the sentence enhancement to actually occur, the found evidence MUST be stated in the complaint. The most common enhancement that could take place is a prior DUI arrest or something similar WITHIN ten years of the new conviction.

Other common occurrences for sentence enhancement are:

The suspect was driving for 20 mph faster than the legal speed limit.
A child was present in the moving vehicle.
Property damage or personal injury was involved.
The suspect declines a chemical test.
The suspect’s blood alcohol content is above .20%.
The suspect is below the legal age of 21 (California has a zero tolerance for underage drinking).

If there was personal injury to another individual caused by the suspect, the DUI will immediately be raised to a felony charge. Also, if a death transpires, the charge is automatically raised to manslaughter or murder.

For legal assistance regarding sentence enhancement, contact Kelso Lindsay at Lakewood, CA 1 877 GOODLAW (466-3529).

Some FAQ's About DUI

2010-09-29T11:56:00.000-07:00

Staying true to our latest topic of DUI’s, it would be suitable to go through some questions frequently asked by individuals who find themselves in DUI situations.

One question often asked is: What are the costs of obtaining a DUI attorney? Well, the costs of obtaining a DUI attorney vary depending on reputation, experience, and location of their practice. Fees can range anywhere from $500 to $15,000, maybe even more. Usually, first time offenders pay experienced DUI lawyers about $1,500 to $8,000. However, costs may be altered depending on general expenses, trials and appeals that include an extra charge, whether the offense is a misdemeanor or a felony, or if you have been convicted of previous crimes in the past. Yes, fees may vary greatly, but just make sure that you ask for a written agreement from your attorney with all the estimated fees, as it is very important to fully understand how much his services may cost you.

Another question people ask is: Can I choose which kind of chemical test I take? The most popular choices in California are the breathalyzer test and blood tests. If this is not available, or if there is suspicion of drug use, a urine test can be taken instead. Be aware that a blood test can be offered after a breath sample is taken. Blood tests are actually more accurate than breathalyzer tests, since the breathalyzer test has been known to make a few errors at times. However, the urine test is the least accurate of all three choices.

One more question usually asked is: Do I have the right to an attorney while taking a field sobriety test? Unfortunately, no, you do not. You would only have the right to an attorney AFTER a field sobriety test is taken or if a chemical test is refused. 

There are many details one must be aware of when it comes to DUI’s. For legal assistance regarding this, contact Kelso Lindsay at Lakewood, CA 1 877 GOODLAW (466-3529).

Typical Mistakes Made Before, During, and After a DUI Arrest

2010-09-28T17:21:00.000-07:00

We all know that getting arrested for driving under the influence involves alcohol and operating a moving vehicle, but truthfully, many arrests can involve legal or illegal drugs (which is also listed as a DUI, something many people often forget) or other misunderstandings that may occur when the individual is not thinking. So, let’s get right down to it and go through some common mistakes that are made before, during, and after a DUI arrest.

The use of legal and/or illegal drugs - Many people forget that DUI does not stand for alcohol only. When one says “driving under the influence”, it could be driving under the influence of anything that affects your ability to drive, whether it is alcohol, cocaine, or ambien. When you are caught, you could be tested for both legal and illegal drugs via a blood test, and if the police officer suspects that you are under the influence of any type of drug, you can automatically be put under arrest. Make sure you are aware of the effects of legal drugs before you drive, and make sure you NEVER mix illegal drugs with driving.

Assuming you can still drive - Be aware that no amount of alcohol or drug use is safe when you plan to drive afterward. Many people who get caught for drinking and driving usually assume that they were alright to drive, and that their blood alcohol content was under the legal limit, when clearly it was not. Sometimes, individuals feel completely fine after just “a few drinks”, yet their BAC is still above the legal limit. It is safer to just not drink and drive at all.

Telling the officer too much - The officer will read your rights to you once you are arrested for DUI. Make sure to listen to them quietly, because anything you say may be used against you. Make sure not to give the officer any unnecessary information that might affect your case in some way.

Not hiring a lawyer - There are many mistakes that can be easily avoided if you just hired a lawyer to help you out with your case. Some mistakes made when not hiring a lawyer are: acquiring a plea bargain too early, not knowing how or when to present evidence, being unaware of how laws are written, and many more. Hiring a lawyer is the best choice one might make when facing a DUI conviction.

Listening to advice from everyone - It is best to trust your lawyer’s advice instead of family or friends who have been in similar situations. No two DUI cases are always alike.

Waiting to hire a lawyer - It is important to hire a lawyer as soon as possible. Your lawyer needs to be able to prepare for your case beforehand, as they still need to be able to gather evidence, witnesses, and reports. It is beneficial to hire a lawyer at least a few weeks or a month in advance.

Accepting plea bargains - Individuals who do not hire a lawyer make the common mistake of believing that they are guilty, and accepting the persecution right away. By accepting the charges, you are immediately accepting the penalties without really being able to fight your case.

Being aware of all these common mistakes are a huge help for many individuals who find themselves stuck in DUI situations. Be smart and look for legal assistance. Help can be found by contacting Kelso Lindsay at Lakewood, CA 1 877 GOODLAW (466-3529). 

Expunging a DUI

2010-09-23T12:04:00.000-07:00

When being convicted of a DUI in California, more often than not, this conviction remains on your permanent record. However, there actually is a way to have this expunged - in other words, YES, it can be cleansed from your criminal record.

This can usually happen after you have either finished your probation or post release supervision or have been discharged from custody, whichever occurs last. Realize that the California expunge order actually does not happen automatically, and you must file this motion with the court. Also, it must be shown that it is truly in your best interest that your California DUI conviction is expunged. After it is actually expunged, there is then no need to mention the fact that you were arrested because of a DUI (except under particular cases), and you need not worry about career opportunities being shot because of a DUI conviction.

While the DUI conviction may already be expunged, it will still be affixed to your criminal history if you are once again found guilty of committing another crime at some point in the future.

Legal assistance regarding California DUI expungement relief can be found with the help of Kelso Lindsay at Lakewood, CA - 1 877 GOODLAW (466-3529).

All About DUI School

2010-09-21T12:00:00.000-07:00

We all know that getting caught for driving under the influence comes with consequences that we have no choice but to face. One would have to brave probation, crazy fines, temporary license suspensions, and California DUI school.

The DUI program’s main objective is to decrease the number of recurring DUI offenses, and to provide individuals with a chance to express any issues related to alcohol and/or drug abuse. The California DUI education program ranges from a 12-hour class for those convicted of reckless driving with a measurable amount of alcohol, to a 30-month alcohol program for those convicted for a third offense.

First offenders would have to complete a three-month, 30-hour program. But with a blood alcohol content of 0.20 or higher, the first offender would have to complete a nine-month, 60-hour program. Second offenders would have to complete an 18-month multiple offender program with 52 hours of group counseling, 12 hours of alcohol and drug education, and 6 hours of community reentry monitoring. Lastly, third offenders would have to complete the 30-month program, and the requirements include 78 hours of group counseling, 12 hours of alcohol and drug education, and about 120 to 300 hours of community service, plus regular interviews.

California DUI schools are all live events, meaning students are actually physically present for class. They are able to communicate and interact with their instructors and classmates, while other states only require online classes.

A great deal of time and effort is put into attending DUI school, which may end up feeling like a nuisance at times, especially when the offender feels inconvenienced. It helps tremendously to be able to know and understand the awful effects driving under the influence of alcohol can bring upon your life. So please, stay safe on the road! If you need legal assistance please contact Kelso Lindsay at Lakewood, CA - 1 877 GOODLAW (466-3529).

Why Fight a DUI?

2010-09-20T11:11:00.000-07:00

We already know all the immense consequences that can come out of getting a DUI in California - jail time, high insurance premiums, the complete loss of driving privileges, and the list goes on. There is quite a lot to lose when getting a DUI, but is there a way you can fight it? A seasoned law attorney may be able to help you do so, once your case has been fully reviewed, and the best possible defense has been built to assist you in fighting the DUI case.

Besides the fact that a DUI conviction will remain an irreversible part of your criminal record forever, this conviction will also remain in your driving records for another ten years, thus causing your insurance rates to hit the roof. If you feel that you should NOT plead guilty to a DUI, your defense attorney may be able to help you once he has thoroughly reviewed all evidence regarding your case.

For instance, if you blew above the legal limit of .08% on the breathalyzer test, there may be a chance that the breathalyzers being used were out of calibration, and your .08% could have really been a .06%. There may also be a chance that the blood sample taken was fermented or clotted. Additionally, while it is illegal to be driving with a blood alcohol content of .08%, it is NOT illegal to have a .08% at the time of the test. What exactly does this mean? Well, it is very feasible that someone with a .08% BAC was below the legal limit at the time they were driving their vehicle. This would be due to the natural delay of alcohol absorption, distribution, and elimination in the human body.

Knowing all of this information now, it would be incredibly beneficial to fight for your chance of not getting convicted for a DUI offense. If you are arrested for drunk driving in California, it is worth a shot to consult with an attorney before pleading guilty, you may have a fighting chance of coming out of your case pleading not guilty.

More Information on Underage DUI

2010-09-16T15:35:00.000-07:00

Some interesting information regarding underage DUI's may actually interest some of you, so I thought it would be beneficial to share more of the consequences that underage drinking can bring a person. Knowing what is at stake when it comes to underage DUI's may help many of you prevent this from happening to you or your loved ones.

Any underage person driving under the influence of alcohol that causes injury to another person or persons may face up to $1,000 in fines and may also be incarcerated for up to a year, depending on how many persons he or she has injured.
Underage individuals who have bought, attempted to buy, or have consumed alcoholic beverages may have to face a minimum $250 fine and/or at least 24 hours of community service. Also, their driving benefits may be suspended or delayed for at least a year.
Drivers or passengers under 21 years of age caught possessing or transporting alcohol in a vehicle may face up to a $1,000 fine, imprisonment for up to 6 months, vehicle impoundment, and/or suspended driving privileges for up to one year.
Possession of an altered, suspended, or fake California drivers license or ID card will result in a $1,000 fine or up to 6 months spent in county jail, or both.
Possession of alcohol in public by a minor will also result in a $1,000 fine and/or 6 months spent in county jail.

Underage DUI in California

2010-09-16T15:19:00.000-07:00

We all know that the legal age to drink alcoholic beverages in the United States is 21-years-old. However, we also know that there are many underage drinkers out there, regardless of this law. We also know that there are many underage drinkers who get behind the wheel, assuming that they can get away with driving drunk and not getting caught.

Getting a DUI while you are underage is extremely serious, and California's DUI laws are probably one of the most taxing in the nation. There is a "zero tolerance law", meaning that anyone under 21 with a blood alcohol content of 0.01% or more will automatically be charged with a DUI. If they are caught with a blood alcohol content of 0.05% or more, they are charged with an underage DUI, a regular DUI, and will be subject for arrest.

Usually, drivers who are under 18 years of age end up losing their license for a year, or until their 18th birthday - whichever is greater. Also, the judge may choose to impound the underage driver's vehicle. It is also a requirement for the underage driver to pay thousands of dollars in fines, attend safety and drug/alcohol abuse classes, and to submit proof of financial support in order for them to obtain their license after suspension.

Not only can underage drinking and driving be financially difficult, but it can bring you countless social and career-related problems. For instance, when applying for college, you MUST list down on your application that you have obtained a DUI in the past. This could, but not necessarily, prevent a student from being accepted into a particular university. If the underage DUI isn't listed on their application, the student may be subject to prompt dismissal once discovered. Just like college applications, the same applies to career applicants, and they must provide this information for their potential employers.

Having a drink or two while you're under 21 and getting behind the wheel is not worth all the long term consequences that come with getting caught. Being aware of all of this will definitely make life much easier for all the young people out there, and may make them think twice before drinking and driving.

Defending Yourself in a Battery Case

2010-09-10T15:32:00.000-07:00

Now that we know what defines a battery case, what should we know about defending yourself if you or a loved one are actually being charged with battery?

To be able to prove that you are innocent from battery, one must be able to prove one of the following:

that there was lack of intent
that it was solely because of self defense for yourself
that it was because of self defense for others
that it was because of defense of property

If you or a loved one is charged with battery, and decide to claim defense, it must be proven that the amount of damage caused throughout the duration of the defense was reasonable to the amount of damage that was actually being defended.

The law offices of J. Kelso Lindsay are more than ready to assist anyone in this situation, and their help can be incredibly invaluable.

All About Battery

2010-09-09T11:32:00.000-07:00

Not too many people know what battery actually is, and that it does indeed differ from assault, despite the two always being paired together as one offense. The main thing that differentiates battery from assault is actual physical contact. Basically, battery involves the intentional touching, physical contact, or implementing of force in a harmful and/or insulting manner toward another person without their consent.

If a woman was running after her husband with a frying pan in her hand, yelling and screaming, this would be classified as assault, since it is only looked at as an intentional threat to harm another person. However, if the woman actually hit her husband a few times on the head with the frying pan, this would be considered as battery, since it involves an object making contact with another person in an intentionally damaging way.

Battery is often divided into different categories to determine the seriousness of the punishment. There is simple battery, which may involve any type of non-consensual harmful or offensive physical contact, regardless of the seriousness of the injury. There is sexual battery, which involves any non-consensual touching of another person's intimate body parts. There is family-violence battery, which is usually limited to harmful contact between persons with a certain type of familial relationship. These three usually result in a misdemeanor charge. And lastly, there is aggravated battery, which is seen as the most serious because this can involve the loss of the victim's limbs, or any type of permanent disfigurement or mutilation, thus resulting in felony charges.

Being a victim of battery can result in emotional, physical, and even mental stress. It is not easy to come out of a situation such as this, but it is possible. The law offices of J. Kelso Lindsay can lend a helping hand in the difficult process of going through a battery case.

California DUI Penalties

2010-09-08T16:08:00.000-07:00

Driving under the influence of alcohol is no joke, and getting caught for doing so is absolutely no laughing matter either. The California DUI penalties can get quite severe, and people don't usually realize this until it's too late. The consequences of getting a DUI, whether it is a first offense or a fourth offense, are incredibly difficult to handle on one's own. Let's take a look at some of the penalties of a first time DUI offender, shall we?

Firstly, the costs are huge! The fine can go anywhere between $390 to $1400. This doesn't even include penalty assessments. Then there's the mandatory jail time that you would have to undergo, which ranges from 48 hours to as long as 6 months. Not to mention the fact that your California drivers license would then get suspended for about 4 months (or a year, if you're under 21-years-old), and you would also have to go through about 3 to 5 years of informal probation.

None of these sanctions sound very appealing, do they? Regardless of whether or not you may think you are sober enough to drive, and even if you do pass all the sobriety tests, if your blood alcohol content shoots past 0.8%, you can surely count on getting arrested. So there may be some nights where you might assume that those three glasses of chardonnay really haven't affected you at all, yet you could be dead wrong and find yourself in a sticky DUI situation. The law offices of J. Kelso Lindsay would be your best source for everything you may need to know when it comes to dealing with a heavy and serious case, such as that of a DUI.

For Kelso...............

2010-08-27T09:28:00.000-07:00

Kelso Lindsay took my case, after it was miss handled by another attorney. My case was very complicated and difficult. Up to this point I had been in the divorce process for more than 2 years and everything was decided against me. At the time the divorce started I was 60 years old, I am now almost 66 years old. This was a very long case. The opposing counsel had three babies, since she took my ex-husbands case. This was a case where there was no proof of income and a deceiving defendant. Kelso had his work cut out for him. Kelso and his team had to overcome decisions that were handed down from the bench that were not legal or fair. We had a commissioner that was very biased in this case and it was an uphill battle to be able to get justice, yet that is what Kelso Lindsay was able to do. Without Kelso's diligent effort, I would have been left homeless and penniless. I saw Kelso in action and he gives no ground without a fight. If you are looking for someone to work hard and smart for you, you need Kelso. Sincerely, Gloria.

Domestic Violence - how is this defined?

2010-08-06T10:47:00.000-07:00

What is domestic violence? Does it only have to be physical abuse before it can be reported? I was reading about examples of abuse, and I am not sure if these examples can be held up in court if I wanted to pursue a case.
1. name calling or putdowns
2. keeping a partner from making contact with their family or friends
3. intimidation
4. actual or threatened physical harm
5. wanting the partner to work but always giving him/her a hard time about it
Sometimes I feel it is better to have my partner hit me so that it is a real pain as oppose to saying things and twisting words to make me think that I am not a good person. But how do I defend myself through the law to ensure I can defend myself if something does go wrong? It is his word against mine......with no real tangible evidence...

My child had a fall in the playground

2010-07-29T09:55:00.000-07:00

My little daughter had a fall in a nearby playground and whilst she was not badly injured, I worry about other possible injuries in this particular playground. If something does happen to another child who is liable fo this injury?

Property Owners are responsible for personal injuries......

2010-07-27T23:31:00.000-07:00

For the most part if you own a property and an accident takes place causing personal injury, the owner of the property can be held responsible for personal injuries. This is especially so, if the injury occurred due to unsafe conditions on the property (and get this) - even if the owner did not know about or create the condition! The law in California states that property owners have a duty of providing reasonable care for anyone entering the property. This would include, customers and guests. And in addition to this, property owners can also be held liable for personal injury for those who are trespassing on the property.........amazing!

Victims of office slander, what can you do.....

2010-07-22T10:03:00.000-07:00

Everyone knows about office gossip, groups of people forming opinions with a little chatter by the water cooler, kitchen and elevator perhaps. It is when that chatter turns into hostile gossip that the well-being of departments,and sometimes even entire companies, is jeopardized. Somehow what seems like innocent office talk or deemed "employee concerns" develops into slander.

Slander has been something that has been recognized since the days of Roman law. The illegality of slander remains today. What is the definition of slander? Slander occurs when a false statement of fact has been made such that the reputation of the person discussed is injured. That injured person may sue the speaker for slander, where it is important to note that the statement need not be derogatory in order to be slander.

How does the court recognize slander? It can be tricky to identify and in some cases the court requires showing of malice. However at times, cases are reviewed without much investigation. because some statements are so injurious that courts tend to find them slanderous in and of themselves. Example of this is when claiming that someone has a serious disease, has committed a crime, is bad at their business and even claiming that someone is unfit to run his or her business. Overall any statement that seriously damages the reputation of an individual is slander.....

Do you have a story to share where you have been slandered?

Selling Defective Product

2010-07-21T14:35:00.000-07:00

Product liability is perhaps the most seen in strict liability cases, mostly in defective products. An individual or business / company can be held strictly liable if they sell a defective product to someone and someone is injured by normally using the product. There are generally a number of entities responsible in a defective product strict liability case. This includes the manufacturer, the party who manufactured a defective product's parts or a component, the wholesaler, the store that sold the product to the consumer and anyone along the assembly line or involved in an installation. In cases of defective products, the item must have been sold during the regular course of the business, therefore, someone selling the item at a yard sale or in a classified ad is not responsible for injuries sustained from using the product.

Strict Liability - unusually dangerous activites.....

2010-07-20T20:53:00.000-07:00

When it comes to cases involving activities which are unusually dangerous, strict liability can be claimed if someone undertakes such an activity and someone else is injured, even if the person doing the act used due and reasonable care. Strict liability is generally used in cases of mass insect or pest removal (such as fumigation or crop dusting), explosives or flammable liquid storage, or in the course of maintaining a site for hazardous waste.

What happens when your dog bites someone, who is liable?

2010-07-19T15:05:00.000-07:00

Establishing liability is important in pursuing a claim for personal injury. In my last blogs I wrote about the first two important fields, intentional wrong and negligence. Today I write about strict liability.

Strict liability is where someone can he held liable for your injuries whether or not that person was negligent. In a strict liability case, you do not have to prove that the defendant was negligent in order to recover damages. Strict liability is generally used in personal injuries resulting from animals, known dangerous activities and product liability.

In the case of animals, strict liability can be used if someones livestock or other animals such as a dog for example, has trespassed on your property and you were injured. Most cases of strict liability due to animals are dog attacks. California has introduced laws regarding strict liability that hold an owner of an animal responsible if that animal bites someone, even if the owner did not know the dog might bite...........

Any thoughts on this? Have you had an experience like this one? Share your story with us.......

Things you need to know, to win a personal injury case based on negligence

2010-07-16T12:43:00.000-07:00

Interestingly enough it is often a dilemma for the person involved as to whether he or she has a case to win with regards to negligence. To win a personal injury case based on negligence, there is a need to prove 3 things. The first is that someone else had a duty to use reasonable consideration while doing some task, such as driving a vehicle and adhering to traffic laws. The second is a breach of that duty, that is, failing to use care, such as not obeying traffic laws. The third is that you suffered damages of some kind due to the other party failing to uphold his or her duty. You must be able to prove all three of these things in order to sue due to negligence. For further questions on this please call me Kelso Lindsay at 1 877 GOODLAW (466-3529)

Personal Injury Liability - Part 2

2010-07-15T13:40:00.000-07:00

So in the last blog I blogged about the fact that you cannot pursue a claim for personal injury unless you can establish liability. The first of these was intentional wrong.

For this blog I will concentrate on the second field, negligence. So what does negligence mean?

Negligence simply means that a person did not observe due care while performing some act and you were injured as a result of that lack of care and/or duty. When considering whether an act was negligent, a judge or jury determines how someone "reasonable" would have acted in the same situation.

The "reasonable person" referred to here is the expectation of society regarding how people should act; it is not any one, specific person, either in the real world or on the jury. Whether the dependent was experienced or capable is not a consideration when determining negligence. Someone inexperienced with operating a motor vehicle is held to the same standards as an experienced driver when it comes to negligence. If the defendant is in a specialized field - drivers, pilots, doctors, for example - the act is compared to how others in the field would react in the situation. Professional negligence is called malpractice.

Tomorrow I will blog about how best to win a personal injury case based on negligence......but it would be great to get your thoughts on my blog today.

Personal Injury Liability - Part 1

2010-07-14T09:14:00.000-07:00

If there is one thing you need to remember is that you cannot pursue a claim for personal injury unless you can establish liability. Liability falls under one of three vast fields that provide for you to file a personal injury claim. The first of these is an intentional wrong. Second is negligence and third strict liability. What does this all mean......

Lets look at the first one, an intentional wrong. This means that someone had intent while conduting an act that resulted in your injury. An example of this is assault even if only intended as a prank. In cases of intentional wrong, you may be able to file a civil suit for personal injury as well as file criminal charges. You cannot carry insurance for intentional wrongs in California, so you will have to get compensation from the person who injured you. There are many problems with collecting settlements or judgments from individuals, including whether the person who injured you has the means to pay you or if the other party files for bankcruptcy.

Personal Injury - Part 2

2010-07-13T09:08:00.000-07:00

A normal settlement amount for a personal injury case varies depending on a number of factors.

The amount of the medical expenses incurred
The amount of lost income
The estimation of future medical bills
Your age
The impact on your life and new limitations on it because of the injury
The potential for further problems
The strength of the testimony and witnesses

There is no set minimum or maximum amount for a personal injury settlement. Always ask your attorney for a copy of your settlement check. The attorney's fees will be taken from this amount. In California, the maximum fee is 40% of the settlement if the case is litigated through trial or arbitration.

Very informative and friendly

2010-07-09T08:51:00.000-07:00

Just wanted to let Kelso and his team know that when I first came in to see them about my divorce, the team were very friendly and most importantly informative. Thank you all for your support. Anonymous.

Personal Injury Basics - Part 1

2010-07-08T09:06:00.000-07:00

When you have been injured because of another person's negligence, the stress of the legal problems you might have is something you should not have to bear. Most personal injury cases do not go to trial, roughly 90 percent of personal injury cases are settled out of court. You should only settle your case when you are certain of the nature and extent of the injuries you suffered and when you have determined whether or not you will need continued medical care, when or if you will be able to return to work, and how the injury will affect your everyday life. If your negligence was a contributing factor to your injury, the amount of your settlement may be reduced by a proportional amount.

Talking is one thing...........reality is another!

2010-07-07T09:59:00.000-07:00

Not sure about how it all works with the legal system in California but there seems to be a lot of talking in courts and when I got there to represent myself, the judge was awfully nice to me but I had no clue what they really wanted me to do. Whilst I explained my thoughts and my inner most feelings about how I wanted to get divorced, and how much pain I was in, it did not work for me. The system in California says you can be divorced in 6 months! Yeah right! I was at it for 2 years and now paying the price for my legal bills because my ex-wife decided it was a fun thing to go to court and to make my life miserable. Is it really true that it takes 6 months to get a divorce - can someone clarify this for me?

New Appointment at the Advocacy Law Center, Lakewood CA

2010-07-06T09:00:00.001-07:00

Van Ha has recently joined the Advocacy Law Center in Lakewood, California. Van did her law degree at the Chapman University School of Law in Orange, California. Van specializes in cases involving areas of Bankcruptcy, Civil Rights (age discrimination, disability and illness discrimination, gay & lesbian rights, sexual harrasment, sex and religious discrimination), Criminal Law, Family Law (adoption, alimony, child support, custody and visitation, divorce, domestic violence), paternity, prenuptial agreements), litigation and appeals and personal injury cases for defense and plaintiffs. Van does have other services she can offer in areas of workers compensation law, probate and estate administration and real estate law. For more information please contact the Advocacy Law Center at 1877 GOODLAW (466 3529)

GOTLAW IS GOODLAW: Kelso is a great attorney and good person

2010-07-05T09:06:00.000-07:00

GOTLAW IS GOODLAW: Kelso is a great attorney and good person: "When I first went out looking for an attorney, I had no idea who to trust and who would work hard for our case without thinking about lawyer..."

Kelso is a great attorney and good person

2010-07-05T08:58:00.000-07:00

When I first went out looking for an attorney, I had no idea who to trust and who would work hard for our case without thinking about lawyers fees and getting rich fast. Kelso gave me a free consultation over the telephone first and it made me comfortable enough to go into the office to meet with him. My husband and I met with Kelso and our first impressions were that his fee structure was ok (albeit a little much for our budget) but we felt he had a strong presence and personality which came forward as caring and genuine and that won us over. Ever since that day, there was no looking back. Our case was and has been represented well. He allocated Michelle to be our paralegal and it was brilliant service. WE still have a few more steps to conclude a very bizarre divorce case.................but without Kelso and Michelle, this would not have been possible.

GOTLAW IS GOODLAW: Another case won...............

2010-07-02T09:45:00.000-07:00

GOTLAW IS GOODLAW: Another case won...............: "I was interviewing an individual yesterday about his case relating to child custody and paternity. It was a long drawn out case but this ind..."

Another case won...............

2010-07-02T09:40:00.001-07:00

I was interviewing an individual yesterday about his case relating to child custody and paternity. It was a long drawn out case but this individual was relieved, when Kelso won the case this week. Not only was he relieved that it is over but the child can move forward too! It is wonderful to hear cases like this as for me, a non-legal person, it just confirms how much Kelso does stand up for his clients and how much he takes pride in winning cases, making changes happen in people's lives.

What people want from their attorney's

2010-07-01T09:39:00.000-07:00

The Advocacy Law Center is taking a consumer approach in finding out what exactly people require from an attorney. For more information on The Advocacy Law Center, see www.gotlaw.org

Get an attorney at Gotlaw - dont make the same mistake I did.......

2010-06-30T09:40:00.000-07:00

I tried to fight my divorce myself but my ex-wife was a bully and made it very difficult. I went to court by myself, I read books to teach myself how to get a divorce but it was not good enough. I was so lost, so miserable until I spoke with Kelso on the telephone. He gave me a free consultation and it was the best investment made to get myself divorced. I have a new life with a wonderful woman now, we have a baby together and I am finally in peace with a dream of having a "normal" family. I hope and pray that Kelso is someone you will meet if you are ever going through a divorce. He has a great team and he will stand for you and provide you with good advice. Thank you Kelso. Thank you Michelle - Kelso's excellent paralegal!

Gotlaw has given me a new lease on life!

2010-06-30T09:27:00.000-07:00

Kelso and his team only offered warmth and comfort to my situation which was awful. My ex-husband was a bully, I was afraid and unsure of what to do. I am fighting MS and I needed help, Kelso and his paralegals pulled me out of a situation where I felt stuck in my marriage. Kelso and his team will get you through a divorce and I highly recommend that if you need a good divorce lawyer, please call Kelso. I have a new lease on life, very happy. I have been set free. Thank you Kelso.