Legal Tips & Commentary

Saturday, August 27, 2005

California Simplifies Criminal Jury Instructions

One of the most frustrating experiences for a juror can be the complexly worded jury instructions given by the judge right before jury deliberations. California has made significant progress in developing simplified instructions for civil cases. California has now adopted new criminal jury instructions (CALCRIM) that will be used in all criminal jury trials beginning January 2006.

Many of the current criminal jury instructions were initially drafted in the 1930s and often contained confusing legal terminology. The new instructions emphasize plain, straightforward language, and are a welcome change to some of the archaic language of the old instructions. Here is one example of how an instruction has been improved:

Old: "Innocent misrecollection is not uncommon."
New: "People sometimes honestly forget things or make mistakes about what they remember."

A 29-member task consisting of judges, lawyers and other experts spent thousands of hours over an 8-year period to draft the new instructions. The new instructions will be mandatory in all criminal bases beginning in January 2006 and are expected to lessen confusion jurors may have about the instructions. Click here to learn about the new jury instructions.

About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar and the San Diego County Bar Association. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.

Bankruptcy Deadline Approaches

Beginning October 17, 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 will make it more difficult for consumers to file for bankruptcy. In recent weeks, I have noticed a surge of inquiries regarding bankruptcy services as the effective date of the reform law approaches.

Some of the key changes include:

Stricter financial requirements that will place more debtors in a Chapter 13 repayment plan instead of a Chapter 7 liquidation;
Increased legal fees caused by stricter "due diligence" requirements placed on attorneys prepaing bankruptcy petitions; and
Mandatory credit counselling for debtors before filing for bankruptcy.

As October 17 2005 approaches, bankruptcy attorneys will become busy and my not have the time to take on new clients at the last minute. Debtors considering filing for bankruptcy should see a qualified attorney now rather than wait any longer. We are a bankruptcy and debt relief agency. We help people file for bankruptcy.

Monday, August 22, 2005

Starrett Construction Prevails In Lawsuit

On July 15, 2005, Judge Lillian Y. Lim of the El Cajon Superior Court entered a judgment in favor of Starrett Construction, Inc. in the amount of $26,852.64 in the matter of Starrett Construction, Inc. v. Gary L. Franks dba G&S Concrete Construction, El Cajon Superior Court Case No. GIC847050. The judgment concluded 4 months of litigation.

Starrett Construction was the general contractor on a project known as the Stowe Plaza Shopping Center located at the Northwest corner of Scripps Poway Parkway and Stowe Drive in Poway, CA. Starrett Construction entered into a written subcontract with Gary L. Franks dba G&S Concrete Construction ("G&S") for site contract and masonry (i.e. sidewalks and other flatwork). Although, Starrett Construction paid G&S in full for the services rendered under the subcontract, G&S failed to pay for the concrete used on the project. As a result, the concrete supplier filed a mechanic’s lien against the project and a lawsuit to foreclose on the mechanic’s lien.

Starrett Construction reached a settlement with the concrete supplier on behalf of the project owner. Starrettt Contruction then sued G&S to recover the amount of the settlement. The Court's judgment includes the entire amount owed plus prejudgment interest. Starrett Construction was represented by Carl H. Starrett II.

Friday, August 12, 2005

Wedding Photographer Scams Brides

10News.com - 10 News Investigations - Wedding Photographer Scams Brides

Channel 10 News in San Diego uncovered a wedding photographer took $3,300 from a bride and groom to for wedding photos and a video. The photographer is not returning phone calls and has not given the couple any of the photos or video. The husband is a marine serving in Iraq.

I am trying to contact the couple through Channel 10 to volunteer my assistance. If we can track down photographer, we can serve him with a lawsuit for possession of the photos and video and perhaps make something good come of this situation.

PARADE Magazine | How To Guard Your Identity--July 31, 2005

I came across this article in PARADE Magazine on preventing identity theft. Some of the tips include the following safety measures:

Stolen wallets and checkbooks remain the most frequent sources of ID theft.

Avoid carrying your checkbook or your Social Security card. Photocopy your card and cut out all but the last four digits. Government agencies and companies should be required to X out all but the last four numbers too.
Never give out your Social Security number without first asking, “What happens if I don't give it?” Most of the time, the answer is, “Nothing.”
Don’t use your mother’s real maiden name or your real city of birth as identifiers. Use made-up names. (City of birth: Atlantis.) But never make up a Social Security number! That creates a problem for someone else.
Try to add passwords to online and offline accounts, so that anyone who calls your bank or mutual fund needs more than your name, address and Social Security number to impersonate you.
Make sure your mail is delivered to a locked box.
Buy a cross-cut shredder and destroy all unsolicited pre-approved credit offers and blank “courtesy” checks.