Title: August 10, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. There are two twin children living in the house right next door to us. They appear to be around 7 or 8 years old. On a couple of occasions, I saw them torture an adult cat and her kittens. The last time I saw them, they were busy cutting the kittens’ whiskers off. I don’t know where mommy cat was. I was horrified and screamed at them to stop immediately both times. Apparently, a screaming neighbor does not seem to bother these kids at all, since they did it again. The parents never seem to be at home when these children are committing their atrocities. What should we do?
A. The first thing you need to do is to talk to the parents and let them know what their children are doing in their absence. These children are too young to be left alone at home. Children Protective Services should be warned that young children are left alone at home next door to commit atrocities on animals. You also need to call animal regulation and report the animal abuse. Calling the police might help too. These neighbors of yours should not be allowed to have animals around to be tortured. There is something very wrong with these kids. There may be something very wrong with their parents too. Sometimes, children like these grow up to be criminals of the first order. Thank you for being an animal lover.
Q. I got a speeding ticket on Highway 58 the other day for going at 98 miles an hour. I truly do not believe that I was going that fast. How can I fight this speeding ticket? I do not want my car insurance premiums to go up and they will if this ticket sticks.
A. If you did not attend traffic school in the past 18 months, you will have the opportunity to attend an eight-hour class in order not to get a point on your driving record. Just because you do not believe you were going that fast does not mean that the CHP officer is wrong. As I am sure you know, the speed of a vehicle is usually measured with an instrument used by the CHP which is quite accurate, and that measurement, plus the officer’s testimony will be sufficient to get you convicted. Your feeling that you were not going so fast will be insufficient to prove your innocence. I advise you to concentrate on driving slower next time and attending driving school to avoid the bad mark on your driving record.
Showing posts with label police. Show all posts
Showing posts with label police. Show all posts
Monday, March 2, 2009
Monday, January 5, 2009
Legal Eaze #21 Pregnant/ Collections Agency
Originally Printed: May 4, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. I am 16 years old and pregnant. My boyfriend is 18 years old. My parents like him and do not want to press charges against him. My parents and I are worried that the hospital staff at the hospital I go to when it is time to give birth will call the police on my boyfriend. Can the hospital staff do that? Or it is up to my parents?
A. My understanding of criminal law is that no one goes forward with a criminal filing unless there is a complaining victim. Mandated reporting is for child abuse only, not for impregnation of a minor, even if in violation of statutory rape laws. Please note that I am a “civil” general practitioner and only handle minor criminal matters. You would be best served by asking an attorney who handles criminal matters of all kinds.
Q. There is a man from a collection agency who keeps calling me with regards to an old debt dating back over 10 years ago. I have told him to leave me alone but he keeps bothering me at home. Somehow, he found out my boyfriend’s telephone number and he calls me there as well. It is legal for this collection agency to keep calling me like this?
A. I believe the Statute of Limitations on the debt may have expired. This collection agency can no longer collect on the debt. If you had a written contract with regards to this debt, the Statute of Limitations expired four years after you entered the contract, or four years after you made the last payment on the debt, whichever comes later. If you did not have a written contract, then two years is the applicable Statute of Limitations period. The collection agency may be liable for unfair debt collection practices and it would behoove you to take down the name, address and telephone number of this collection agency so that you can obtain court redress at a later date. It would be difficult for you to sue a collection agency if you do not know its name and contact information.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. I am 16 years old and pregnant. My boyfriend is 18 years old. My parents like him and do not want to press charges against him. My parents and I are worried that the hospital staff at the hospital I go to when it is time to give birth will call the police on my boyfriend. Can the hospital staff do that? Or it is up to my parents?
A. My understanding of criminal law is that no one goes forward with a criminal filing unless there is a complaining victim. Mandated reporting is for child abuse only, not for impregnation of a minor, even if in violation of statutory rape laws. Please note that I am a “civil” general practitioner and only handle minor criminal matters. You would be best served by asking an attorney who handles criminal matters of all kinds.
Q. There is a man from a collection agency who keeps calling me with regards to an old debt dating back over 10 years ago. I have told him to leave me alone but he keeps bothering me at home. Somehow, he found out my boyfriend’s telephone number and he calls me there as well. It is legal for this collection agency to keep calling me like this?
A. I believe the Statute of Limitations on the debt may have expired. This collection agency can no longer collect on the debt. If you had a written contract with regards to this debt, the Statute of Limitations expired four years after you entered the contract, or four years after you made the last payment on the debt, whichever comes later. If you did not have a written contract, then two years is the applicable Statute of Limitations period. The collection agency may be liable for unfair debt collection practices and it would behoove you to take down the name, address and telephone number of this collection agency so that you can obtain court redress at a later date. It would be difficult for you to sue a collection agency if you do not know its name and contact information.
Sunday, January 4, 2009
Legal Eaze #13 Road Rage
Originally Printed: January 12, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her home office in Alpine Forest, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. This is about road rage. I was on my way home at 9 p.m. and came to a stop light at Tucker and Valley Boulevard. A big Ram 3500 truck was following me very closely and actually hit me in the back as I was waiting to make a right turn on Valley Boulevard. I moved the car into the first parking lot available while the truck was still behind me. I got out of the car to check and make sure there was no damage, but there was a lot of damage. There was a huge dent right in the middle of my trunk where his front grill imprinted itself. As I approached the driver of the truck who had not yet opened his window, I shouted I needed to see his driver’s license and his insurance card. He then opened his window and started screaming at me on the top of his lungs, calling me foul names and saying that I had no business driving so slowly on city streets. I was totally taken by surprise as I got off the 58 and was driving at a speed considered safe while driving in sleet and rain. I became scared because he appeared to be a big man totally out of control as he started to open his door. I thought he was going to attack me. As he was still screaming at me, I ran back to my car and drove away. Now I have a huge dent in the trunk of my car, and am angry about what happened. What do I do?
A. You failed to tell me whether you wrote down his license number. Tucker and Valley Blvd., is a pretty busy corner, wasn’t there anyone around? Do you have a cell phone? If you do, that was the time to use it and call the police immediately. This man was at fault. He apparently scared you out of getting the information you were entitled to. I am not sure why so many people feel invulnerable when they get into their big truck or SUV, and are literally ready to kill or drive over anyone who does not drive fast enough. First, you need to report this to the police, then report it to your insurance company. They will investigate the incident. If you did not write down the license plate number, you may be out of luck. If there is a next time, do not run away. Just sit in your car, call the police and write down the license plate number and take note of any characteristics the offending vehicle may have.
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her home office in Alpine Forest, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. This is about road rage. I was on my way home at 9 p.m. and came to a stop light at Tucker and Valley Boulevard. A big Ram 3500 truck was following me very closely and actually hit me in the back as I was waiting to make a right turn on Valley Boulevard. I moved the car into the first parking lot available while the truck was still behind me. I got out of the car to check and make sure there was no damage, but there was a lot of damage. There was a huge dent right in the middle of my trunk where his front grill imprinted itself. As I approached the driver of the truck who had not yet opened his window, I shouted I needed to see his driver’s license and his insurance card. He then opened his window and started screaming at me on the top of his lungs, calling me foul names and saying that I had no business driving so slowly on city streets. I was totally taken by surprise as I got off the 58 and was driving at a speed considered safe while driving in sleet and rain. I became scared because he appeared to be a big man totally out of control as he started to open his door. I thought he was going to attack me. As he was still screaming at me, I ran back to my car and drove away. Now I have a huge dent in the trunk of my car, and am angry about what happened. What do I do?
A. You failed to tell me whether you wrote down his license number. Tucker and Valley Blvd., is a pretty busy corner, wasn’t there anyone around? Do you have a cell phone? If you do, that was the time to use it and call the police immediately. This man was at fault. He apparently scared you out of getting the information you were entitled to. I am not sure why so many people feel invulnerable when they get into their big truck or SUV, and are literally ready to kill or drive over anyone who does not drive fast enough. First, you need to report this to the police, then report it to your insurance company. They will investigate the incident. If you did not write down the license plate number, you may be out of luck. If there is a next time, do not run away. Just sit in your car, call the police and write down the license plate number and take note of any characteristics the offending vehicle may have.
Saturday, January 3, 2009
Legal Eaze #10 Mother Abuse / Dicorce House Title
Title: November 24, 2004
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her home office in Alpine Forest, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. My wife beat my 13-year-old son with a fire poker made of heavy metal. When I got home from work, he was bleeding heavily from a wound on his right arm, through which I could see a bone. He was shying away from her, hiding underneath hung clothes in a closet. She left the house and ran to her sister who lives in another county. Besides taking him to the hospital, what can I do to stop this madness?
A. Call the police. This is a criminal matter. When a mother starts beating up her child with a metal rod and injures the child, it is time to put “mom” in jail. She might need psychiatric care and/or psychological therapy. Once she comes out of jail, you may need to obtain a temporary restraining order against her and get her out of the house and away from your son. It does not matter what your son did to anger her to that point, she does not have the right to “discipline” him in such a harsh manner. In fact, it is a crime now to even spank a child. Parents need to find another way to instill respect and obedience in their children besides “beating” them up.
Q. I obtained a divorce about five years ago and the residence I have been living in was awarded to me as my sold and separate property in the divorce decree. I am now trying to refinance the house and I just discovered that the tile of the house is still held jointly with my ex-husband. I have no idea how that could have happened, and I don’t know where my ex-husband now resides. What can I do?
A. If you were represented by an attorney, he committed malpractice. If you represented yourself, such omissions are the reason why you should have hired an attorney to represent you. You need to file an Order to Show Cause with the same court that signed the divorce decree. If you cannot find your ex-husband, the court clerk will have to sign the Quitclaim Deed for him. But you need to prepare and file a declaration telling the court what the problem is and why you need the court clerk to sign the deed. If your declaration is believed by the judge, you will get the Order you need, instructing the court clerk to sign your Quitclaim Deed, which you can then have recorded with the county recorder.
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her home office in Alpine Forest, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. My wife beat my 13-year-old son with a fire poker made of heavy metal. When I got home from work, he was bleeding heavily from a wound on his right arm, through which I could see a bone. He was shying away from her, hiding underneath hung clothes in a closet. She left the house and ran to her sister who lives in another county. Besides taking him to the hospital, what can I do to stop this madness?
A. Call the police. This is a criminal matter. When a mother starts beating up her child with a metal rod and injures the child, it is time to put “mom” in jail. She might need psychiatric care and/or psychological therapy. Once she comes out of jail, you may need to obtain a temporary restraining order against her and get her out of the house and away from your son. It does not matter what your son did to anger her to that point, she does not have the right to “discipline” him in such a harsh manner. In fact, it is a crime now to even spank a child. Parents need to find another way to instill respect and obedience in their children besides “beating” them up.
Q. I obtained a divorce about five years ago and the residence I have been living in was awarded to me as my sold and separate property in the divorce decree. I am now trying to refinance the house and I just discovered that the tile of the house is still held jointly with my ex-husband. I have no idea how that could have happened, and I don’t know where my ex-husband now resides. What can I do?
A. If you were represented by an attorney, he committed malpractice. If you represented yourself, such omissions are the reason why you should have hired an attorney to represent you. You need to file an Order to Show Cause with the same court that signed the divorce decree. If you cannot find your ex-husband, the court clerk will have to sign the Quitclaim Deed for him. But you need to prepare and file a declaration telling the court what the problem is and why you need the court clerk to sign the deed. If your declaration is believed by the judge, you will get the Order you need, instructing the court clerk to sign your Quitclaim Deed, which you can then have recorded with the county recorder.
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