Bankruptcy
Bankruptcy protection is something to consider when faced with overwhelming financial pressure and stress from accumulated debt. When considering bankruptcy you must also consider qualified representation. At Nick Pacheco Law Group, APC we have the knowledge and experience to lead you in your quest for relief. We will help you at every step and our customer service will leave an unforgettable positive impression.
BK 13
A Chapter 13 bankruptcy is also called a "wage earner's plan." It enables individuals with a regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. If the debtor's current monthly income is less than the applicable state median, the plan will be for three years unless the court approves a longer period "for cause." If the debtor's current monthly income is greater than the applicable state median, the plan generally must be for five years. In no case may a plan provide for payments over a period longer than five years. During this time the law forbids creditors from starting or continuing collection efforts. [Back to Top]
BK 7
A Chapter 7 bankruptcy case does not involve the filing of a plan of repayment as in Chapter 13. Instead, the bankruptcy trustee gathers and sells the debtor's non-exempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code. Part of the debtor's property may be subject to liens and mortgages that pledge the property to other creditors. In addition, the Bankruptcy Code will allow the debtor to keep certain "exempt" property; but a trustee will liquidate the debtor's remaining assets. Accordingly, potential debtors should realize that the filing of a petition under Chapter 7 may result in the loss of property, though it often provides an additional avenue to relief from collection efforts. [Back to Top]
Real Estate Law
Faced with a foreclosure or an unlawful detainer? We have the knowledge and the tools to help keep you in your home. The final outcome will always depend on the merits of your case but with us you are guaranteed to have the most up-to-date team fighting for you. [Back to Top]
Foreclosure Defense
Aggressive and improperly conducted foreclosure proceedings continue to impact homeowners today. A threat of foreclosure can be a traumatizing experience, but leaving your home early can result in surrendering important rights. We use a variety of legal tools to defend you and help keep you in your home or save your credit. While some foreclosures are legitimate, many are conducted by lenders who have not followed the proper procedures. You owe it to yourself and the people living in your home to see that your rights are defended. [Back to Top]
Unlawful Detainers
When a creditor or other entity believes it's entitled to take possession of a property, it files an Unlawful Detainer action to force the current tenants to vacate. Often, this can result from an ongoing dispute regarding ownership or amounts owed in rent or mortgage payments. If you are faced with an unlawful detainer action, you have limited time in which to act. We represent individuals fighting unlawful detainer actions by working with creditors and making court appearances.
The tenant has 5 days to file a response after being served with the landlord's lawsuit. Then, the clerk will schedule a trial within 20 days of the landlord's request. The trial usually takes one day. We are often able to negotiate for our clients a longer period to remain in their homes while they search for a new place to live. [Back to Top]
Driving Under the Influence (DUI) Criminal Process
BEING STOPPED AND ARRESTED
The Stop
The DUI criminal process begins with the police officer pulling you over for some sort of traffic violation such as speeding, weaving or not stopping at a red light. After you are stopped the police officer will contact you for your driver’s license and registration. This stop sometimes will occur at a DUI checkpoint, especially around major holidays.
Signs of Impairment
When the officer first speaks with you she will then determine if you are manifesting the signs of impairment associated with the consumption of an alcoholic beverage. The most common signs are a slurred speech, watery eyes, the odor of an alcoholic beverage on your person (especially your breath) and a flushed face. If the officer observes any of these signs of impairment you will normally be asked to get out of your car and take some field sobriety tests. As you get out of the car the police officer will be paying close attention to how you handle yourself, especially if you stumble to get out.
Field Sobriety Tests (FSTs)
You always have the option to refuse to submit to field sobriety tests. The most common FSTs are the walk & turn, one leg stand, and lean your head back. You should always inform the police officer if you have any injuries or conditions that make performing them difficult. Don’t forget to tell the officer about an old injury because they can also prevent you from performing the test adequately. If you agree to perform the FSTs, you will be evaluated on your ability to follow directions as well as perform the physical aspects of the tests.
Passive Alcohol Sensor (PAS Device)
You may be asked to take a portable breath test. The PAS Device is a small version of the breathalyzer and is described by the police officer as a field sobriety test. You also have the option of refusing to submit to this field sobriety test. This device will be used on the side of the road and will provide the officer with a preliminary reading of your blood alcohol content (BAC). In California, the legal limit is .08 % BAC.
Arrest
The officer will arrest you if she determines that she has probable cause to believe you are unable to operate a vehicle safely because of your consumption of alcohol or you are driving while having a BAC above .08%. After the arrest, you will be taken to the police station where a blood test or breath test will be taken. If they ask you any questions after your arrest they will be required to read you your Miranda rights prior to asking.
Booking/ Release
As part of the booking process, you will be searched, fingerprinted, questioned, photographed, and placed into a cell. Bail will be set and you will be afforded the opportunity to place a call to speak with a bonding company or a friend/relative to make bail posting arrangements. You will be released either upon posting bail or with a promise to appear in court.
THE CRIMINAL COURT PROCESS
Arraignment
The first court appearance in the criminal process is called an "arraignment." During this hearing the Judge will tell you what charges have been filed against you, such as misdemeanor DUI, and will expect you to enter a plea. You have three possible plea options: 1.) Guilty 2.) Not Guilty or 3.) No Contest.
In most cases, your DUI charge will be a misdemeanor. In the case of a misdemeanor you may have your attorney go to the arraignment and enter a "Not Guilty" plea. If you have not retained an attorney, inform the court that you would like the arraignment continued for two weeks to obtain the assistance of an attorney.
At the arraignment your attorney will be given a copy of the complaint (the complaint is the formal document that describes the charges) and copies of the police reports. After pleading "Not Guilty" your case will be set for a pre-trial hearing.
Pretrial Hearings and Motions
"Pre-trials" are court dates to update the judge on the status of your case. They are also an opportunity for your attorney to negotiate face to face with the prosecutor.
“Motions” are formal requests to the judge in writing requesting that he make legal decisions about questions that affect your innocence. The most common motion is a “motion to suppress” evidence or testimony because the police violated one of your constitutional rights.
Plea Agreement
At a pre-trial hearing the prosecutor and your attorney may present you with a plea agreement. A plea agreement will state what charge you will be pleading “Guilty (No Contest)” to and the sentence the judge will impose. If you find the plea agreement acceptable you will enter your plea and the judge will impose a sentence. If you do not find the plea agreement acceptable and no agreement is reached, your case will be set for trial.
Trial
In California, if you don’t settle your case a jury trial will be scheduled for your DUI. The trial starts with the selection of 12 individuals to serve as jurors. After jury selection, the prosecution will present their case. Witnesses will be called to testify and your attorney will have an opportunity to cross examine them. At the conclusion of the prosecution’s case, your attorney will have the option of putting on your defense. Your attorney may call his own witnesses and experts to testify. After both sides finish, there will be closing arguments from both sides before the jury. The jury will then decide whether you are guilty or not guilty. In order to be convicted all 12 jurors must be convinced “beyond a reasonable doubt” that you are “Guilty” of the charge of “driving under the influence.”[Back to Top]