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What are they?

 

Grandparents who are separated from their grandchild(ren) by a parent or a legal situation may be interested in filing for formal visitation, the legal right for them to visit their grandchild(ren) at certain times.

 

How does it work?

 

For a grandparent to file for visitation of their separated grandchild(ren), the court must be able to:

1. Find that there was a pre-existing relationship between grandparent and grandchild that has “engendered a bond.”  This means that there is such a bond between grandparent and grandchild that visitation is in the best interest of the grandchild(ren).

                                                                                              

                                                                                        AND

 

       2. Balance the best interest of the child(ren) in having visitation with a grandparent with the rights of the parents to make decisions about their child.

 

 

In fact, grandparents can only file for visitation rights in a few instances, such as:

• The parents are living separately;
• A parent’s whereabouts are unknown (and have been for at least a month);
• One of the parents joins the grandparent’s petition for visitation;
• The child does not live with either of his or her parents; or
• The grandchild has been adopted by a stepparent.

 

 

However, even if a grandparent successfully files for visitation, once the situation with the parent(s) change so that none of the above applies, the parent can terminate the grandparent’s visitation rights at any time.

 

 

 

Are you interested in filing for visitation? We can help you find the lawyer you need. Please call 805.569.9400 for more information. 

What is it?

An arraignment is when the accused is brought before the court to plead guilty, no contest (where the accused pleads neither guilty nor innocent), not guilty, or not guilty by reason of insanity. It is during the arraignment that the issue of bail is settled, and the date for the trial is set. Essentially, it is the precursor to a trial for someone arrested for a crime.

 

 

What is it about?

After someone has been arrested and formally charged, they have an arraignment. The arraignment lets the defendant know what they have been arrested for, so that they can prepare an appropriate defense. It is also to record for the court the plea of the accused, and allows the court to plan accordingly.

 

While it varies from state to state, arraignments are not required for every crime. Some states only require an arraignment for felonies, and not misdemeanors, while some require it for both. In California, the arrested must be arraigned for either. If the person who is being arraigned is still in custody, they must have their arraignment within two court days. If they pay bail and are released, their arraignment will occur at some point within the following three weeks.

 

If you or your attorney fails to appear at your arraignment, the judge can issue a “Bench Warrant,” so the police can arrest you and bring you directly to court.

 

 

Are you facing an arraignment and need a lawyer, or just more information? Give  us a call at 805.569.9400 or reach us online at www.sblaw.org

Filing for bankruptcy may be an option when one is overwhelmed by debt. There are several types of bankruptcy that may be filed, depending on the particular situation. We’ll look into the two more common types of bankruptcy: Chapter 7 and Chapter 13.  

Chapter 7

This type is the most common, and is available to citizens and businesses. When someone files this type of bankruptcy, all of their assets that can be sold, called “nonexempt assets,” are handed over to a trustee who sells them to pay off the client’s creditors. Whatever debt is left unpaid after that is cancelled.

However, you can’t file Chapter 7 Bankruptcy for certain types of debt, including, but not limited to:

•  Alimony and child support
• Drunk driving judgments and criminal fines or restitution
• Debts incurred by fraud
• Back taxes under 3 years old and student loans
• Recent purchases involving substantial amounts
• Properly executed contracts involving titles or liens such as land or automobiles

Chapter 7 may be an option if you have no hope of repaying any debts, you have debts without co-signers, you’re about to be sued by your creditors, you need to protect exempt property and income, or you don’t qualify for Chapter 13.

 

Chapter 13

This type of bankruptcy may help the client by structuring their debt into a manageable payment schedule over a period of time not exceeding five years. It requires the client to promise to pay off 10 to 100 percent of their debts by that time, the exact amount being determined based on the amount and type of debt.

Although there are restrictions on what Chapter 13 bankruptcy can be used for, these restrictions are fewer than those for Chapter 7. Chapter 13 Bankruptcy cannot be filed for alimony and child support, drunk driving judgments and criminal fines, and student loans.

 

Chapter 13 may be an option if:

·         You’ve filed Chapter 7 recently

·         You have debts with cosigners

·         You know you are able to pay your debts in five years

·         You do not qualify for Chapter 7

·         You’re late on your mortgage payments and you owe back taxes

Chapter 13 is a reorganization bankruptcy designed for debtors with regular who can pay back at least a portion of their debts through a repayment plan. If you make too much money to qualify for Chapter 7 bankruptcy, Chapter 13 may be the only option. However, many debtors choose to file for Chapter 13 bankruptcy because it offers many benefits that Chapter 7 bankruptcy does not (such as the ability to catch up on missed mortgage payments or strip wholly unsecured junior liens from your house).

1. Before the Magna Carta was signed, widows and daughters of Barons could be sold by the King in marriage in order to make money.

 

2. Only 3 of the original 63 clauses of the Magna Carta are still in use. They include a defense of the rights of the English church, the liberties and customs of London and the right to a fair trial and only being arrested for a just cause.

 

3. The Magna Carta was valid for just 10 weeks.

 

4. Originally Magna Carta (Great Charter) was known as the Charter of Liberties. It became Magna Carta when a smaller Charter of the Forest was issued in 1217.

 

5. In August 1215, Pope Innocent III annulled Magna Carta, declaring it null and void and having been sealed under duress.

 

6.  It was sealed, not signed, and the new £2 coin to celebrate the anniversary mistakenly depicts King John with a quill pen in one hand.

 

7.  We know who sealed it, but we’ll never be sure who wrote it.
 

8.  There’s no single “original” copy, though only four copies written during 1215 remain today.

 

9.   If you call it “the Magna Carta,” you’re probably not English, who call it simply, “Magna Carta.”

 

10. Even though he affixed his seal to the Magna Carta, King John was so hated that no English king has been named John since.