On April 1st, 73 year old Virginia Kelly of San Ysidro was arrested at her home on felony charges of grand theft and embezzlement. The San Diego District Attorney's Office alleges that Kelly has been hoarding toys from the Toys for Tots program and the Child Abuse Prevention Foundation. More toys were allegedly donated directly to Kelly for distribution to children. 

Investigators, acting on a warrant, painstakingly added up every marble, happy meal give-away and nail polish bottle they seized to announce that Kelly was in possession of 11,000 toys. They even made a video to convey the "shocking" discovery to the jury pool. Bonnie Dumanis, the San Diego District Attorney, made herself available immediately to try this case in the press saying, "Stealing from a charity and depriving needy children in San Diego of the chance to get a new toy is despicable."

It will be that video and Dumanis' cries of injustice that stick in the minds of every sound-bite junky in the San Diego County. The even-handed article telling Virginia Kelly's side of the story that appeared in the dwindling circulation of the San Diego Union Tribune on April 7th will likely have little impact. Public responses to that article, "Woman says she didn't sell toys," are already drawing parallels to the Grinch that Stole Christmas!

More often than not, Ghostbusters is the answer to the above question. However, Ghostbusters, while able to exterminate even the biggest of marshmallow men, probably cannot help you get out of the slammer. As a lawyer who practices in criminal defense, among other areas, I probably get the question of “What to do if arrested” more than any other. So, let’s take it step by step, but hope that you never have to worry about it.



Keep in mind that there are a multitude of legal issues concerning a valid arrest, but just for this article’s sake, we are assuming that there was a valid arrest. Also, this article is only dealing with misdemeanors. Check back for articles dealing with these other items in the near future.

1. Be Cooperative – Ok, so you’ve been arrested. First and foremost, be cooperative! Sometimes it is hard to do, especially if you believe you have been wrongly arrested, but being cooperative will help your cause. Misdemeanors are typically heard in magistrate or municipal court. These are smaller courts that only deal with smaller issues. Therefore, the officer and his/her testimony are given great weight. It may seem odd to a person that has never been arrested or even been cited with a speeding ticket, but the defense attorney literally will ask the officer to help him out on certain charges. Particularly, if there are multiple charges, they will often dismiss one charge if the defendant pleads guilty to another charge IF the defendant was cooperative. I have had cases where I read the complaint and thought it would be an easy case to get dismissed. Then, I talk to the officer who says, “yeah, you’re client is a piece of sh!t!” I wish I could say that this does not matter and the facts should stand for themselves, and a good defense lawyer will get your case dismissed. This is just not true in these smaller courts. Magistrates are not even attorneys; they take a 6-week course that “qualifies” them to hear important cases. There are some very good magistrates out there, but most times even the good ones side with the State.

2. Call an attorney – Attorneys get a bad rap for inflated fees and taking your money even if they cannot help. However, this really is not the case. Attorneys do many things that clients do not see which help their case. It is important to call an attorney before you are taken to the station for an arraignment because the magistrate will set your bond. There are several key items that a magistrate must know when setting bond and without an attorney, you may not know what these are and the magistrate probably will not ask; your criminal background (if any), your ties to the community, or whether you are a flight risk are a few of these items. The most ideal bond is referred to as a Personal Recognizance Bond or PR bond. This simply means that on your signature or “word” the court trusts that you will attend any and all court hearings and that you are not a risk to the public. The conditions of bond are also important, and an attorney will be certain to clear up any items that could potentially post problems, such as being able to leave the county or state. If you cannot afford an attorney and there is a possible penalty of jail time, the court will provide you with one, but only after your arraignment. Some attorneys will agree to represent you solely for the arraignment for an hourly rate, so it cannot be overstated how important it is to call an attorney. This will save you many headaches later!

These two steps are also extremely important if you are arrested and charged with a felony. Felonies are much more serious crimes that involve a multitude of hearings that will eventually be heard in circuit or an intermediate court. Check back very soon on what to do if you are arrested and charged with a felony.

Missouri Injury Law; Reporting Work Related Injuries

When someone suffers an injury at work, it is often difficult to determine what their next step might be. Most often, it is a case where many employees view the injury as minor and assume that if they report the injury, they are liable to lose their job, which is not a pleasant place to be in today’s competitive workplace. Sadly, often times these “minor” injuries become much more serious and the employee ends up losing their job anyway, because they could no longer perform their duties.

Know Your Rights

When an employee is injured at work, they must protect themselves by filing a Missouri Workmen’s Comp Claim. And this valuable document must be filed within thirty days of the accident/injury. In this claim, the worker must file the exact date, time and nature of the injury. If the employee fails to report the work-related injury, any future problems that may arise might not be covered by Missouri workmen’s comp insurance. And unfortunately, this will leave the employee responsible for all medical bills. In regards to the fear of being fired, if one decides to file a workmen’s comp claim, it is illegal for an employer to fire an employee if they file a claim, this is called retaliatory termination.

Next Step

After the reporting of the injury, the employee must then seek immediate medical attention, this is essential. Your employer will provide a doctor for you. The injured employee must also hire a Missouri workmen’s comp attorney in order to guarantee that all their rights are duly met. Hiring a workmen’s comp attorney is critical, in that they will file the claim for you and keep you abreast on all developments. With the claim on file with the Missouri courts, all disagreements and disputes are handled through the attorney and the courts.

Good personal injury attorneys will never let you feel that you are over-extending your rights. In today’s workplace, often times the employee has their health and well-being as their only asset.

If you have been injured by someone else’s negligence or carelessness it is essential that you make sure certain things are addressed and noted so that your claim can be settled quickly and to your satisfaction.

To Do List

First off, write down everything about the accident, or injury; where and when it occurred, names, numbers and addresses of witnesses, police officers and insurance company representatives, or workers’ comp reps if it was a work-related injury.

Speak with a Missouri personal injury attorney before making any statements, written or verbal, to insurance company representatives. Inform the party involved that you will be making a claim. And gather as much evidence as you can; photos, damaged personal belongings; etc.

Who’s to Blame

In the majority of cases you must prove that the person who caused you injury was negligent. In the state of Missouri that means you must prove: the person who caused your injury owed you a duty; the other party broke that duty; you suffered injury or damages and the other party’s failure caused your injury.

Under Missouri’s Comparative Negligence Law, if your own carelessness contributed to your injury, your damages are reduced by your percentage of fault. So even if you were ninety-nine percent at fault you still may recover, but you’ll receive only 1 % of the damages awarded by the jury or judge.

Now if more than one person caused your injury, each party must pay a percentage of your damages. Any person or party that is deemed to be at 51% at fault must pay all of your damages.

What is the Claim?

Under Missouri law, the person who injured you is responsible for; past, current and future medical expenses, time lost from work, property damage, any permanent disfigurement or disability, emotional distress, change in your future earning ability due to the injury and any other costs that are a result of the injury.

In a situation that has familymembers facing off against each other, there can be a lot of tension and high emotions with bitter exchanges constantly flying back and forth. A lawyer needs to have the skills to deal with this in addition to the legal fight that family members or a couple are feuding about. This is what a family lawyer can do for you. No matter the intricacies of a case including family ties, a family law attorney will always seek to protect the rights and interests of the clients they are representing.

A family law firm or one with a department that deals specifically with family lawcases is staffed with lawyers who are proficient in different areas of family law. There are those who handle divorces, some who take care of children’s issues like adoption while others focus on matters to do with estate and inheritance.

Other cases where a family lawyer can help you

Sometimes, the services of a family attorney are needed not for a lawsuit but to draft and formalize agreements that affect members of a family. This may be prenuptial agreements, assuming guardianship documents, adoption or surrogacy and fertility agreements.

For the lawyer to put together a strong case, they must be given all the details and this includes intimate and sensitive matters for instance in a divorce suit. An attorney must therefore be proficient but they must also be trustworthy and reliable. They must also be tolerant and patient during those trying moments.

Family lawyers deal commonly deal with divorce cases which fall under family law.There are couples who can remain civil with each other after a divorce. Some can also talk and come to an agreement to share custody of the children. The input of a family lawyer is still necessary. The reason for that is that marriage is a legal and binding contract and for it to be disolved, there are legal processes and procedures that need to be followed.

Some couples have even been known during the compulsory waiting period

that the courts make mandatory for the couple to be sure they want to annul their marriage. However, this should not be taken to mean however that a divorce attorney should be hired to play the role of a mediator.

The services of a family attorney are needed even more in situations where a couple do not agree on the way money, property and the custody of children should be shared. The law will be applied to be fair to both parties in the equtable sharing of property such as the house and how an estranged partner and children will be provided for.

This is why it is advisable to have a family law attorney deal with such cases as opposed to a general solicitor. Apart from the fact the family law is such a field that is wide and complex, a family lawyer will have the experience and expertise of dealing with such situations. As a matter of fact, the portfolio of cases a lawyer has handled in the past is one factor that the choice of a family lawyer should be based on. It should be one of the items on the check list when you are looking for one.

Getting a divorce – you definitely need a family lawyer now!

Divorce can be costly, both in terms of emotions and finances. A legally and socially skilled lawyer can mediate between an estranged partner and play a part in making the whole period one that is as smooth as possible. This way, both parties can start rebuilding their lives sooner.

Family lawsuits can be more than a little unpleasant. People that were once in an intimate relationship or who come from the same family can be spiteful and viscous towards one another and other members of the family may be caught in the middle. Those who suffer the most are children who may feel like they are caught in the middle of a big fight between mum and dad.

An attorney may find himself playing the role of referee, at least of verbal matches. They have to maintain their composure and remain focused on the course of winning the case for their client. They have to have the mental agility to sidestep all the punches that are thrown and deftly make their own tosses. The family lawyer you choose will have a great impact on the outcome of your case

How Much Does A Boat Accident Attorney Cost?

Hiring a boat accident attorney is a main necessity if you ever get involved in such an accident. Boat accidents are naturally very rare. Most people who enjoy sailing will never get involved in one. Besides, the water is not fitted with lights or signs, so deciding who the guilty part is might be really daunting. If there is one simple situation when things are clear, that is the case when one of the boats is stationary. However, there are a series of considerations in this case too. Generally speaking, boat accidents tend to cause injuries. They are rarely minor. Sometimes, they are fatal. Besides, boat reparation is very expensive too, hence the necessity of a good lawyer for both some fair estimations and a proper representation. But then, most people associate this legal field with the high expenses of owning a boat. Therefore, they expect to be charged a fortune, yet they never even bother to ask. So how much does a boat accident attorney cost?

As a general rule of thumb, most injury attorneys work on a contingency fee. It makes no difference if you get involved in a boat accident or you slip and fall in a supermarket. In other words, you are not charged a single cent until the settlement is in your favor. You do not have to pay any consultations, paperwork or research. Simply said, it really does not matter if you can afford a lawyer upfront or you barely have money to eat. You will be able to pay the lawyer once you get compensated for the accident. Therefore, everyone is advised to seek legal help in such circumstances.

Most attorneys charge a particular percentage of what you earn, which makes things even better. Therefore, they have the exact same interest – gaining as much money as possible. When they charge flat fees, attorneys may not necessarily push too hard, so they will avoid wasting time on a long trial. Instead, they might settle for smaller amounts of money. On the same principle, the attorney will not receive any money if the case is lost. .

Keep in mind that aside from the attorney fee, a trial is associated with other expenses too. Such fees must be paid whether you win or lose the case. They are demanded for various legal processes, such as obtaining documents or using expert testimonies and research. Since 90% of all cases are settled with the insurance company before even reaching to a judge, these expenses are often avoided.

While working on a contingency fee is an encouraging thing for every boat owner, make sure that you know how high this fee is. Sometimes, it floats around 25%. In other cases, it may go up to 45%. The fees also depend on how complex the case is, not to mention about the nature of your accident. A very high potential compensation might give you the possibility to negotiate fees a little, but remember that professional lawyers will never leave room for negotiations.