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Criminal
Law
Have
you been arrested? We are experienced and aggressive,
and have a proven success record. We strive to
keep our clients not only out of jail, but away
from the hassles of the court system. When possible,
we find viable jail alternatives, and help protect
licenses and jobs. See also our website at www.avoidjailnow.com.
- Drunk
Driving
- Domestic
Violence
- All
Drug Offenses
- Juvenile
Crimes
- Sex
Crimes/Lewd Conduct
- Theft/Embezzlement
- Probation
Violation
- Assault
and Battery
- Fishing
and Gaming Violations
- Trespassing
- Shoplifting
- Fraud/Forgery
- All
DUI Cases
- DMV
Hearings
- Driving
with a Suspended License
- Repeat
Offenders
- Indecent
Exposure and Sex Related Cases
-
Marijuana Possession
- All
Serious Felonies
- All
Misdemeanor Cases
This
firm has extensive experience with the new criminal
and drunk driving laws, and we have been practicing
in the Sonoma and Marin County Courts for the
last fourteen years. We offer reasonable fees,
with payment plans available, and evening as well
as Saturday and Sunday appointments.
We
would like to offer some practical suggestions
for dealing
with law enforcement. This information has
been distributed by the American
Civil Liberties Union of Northern California.
Family
Law
Divorce
and child custody matters are difficult and emotionally
draining for all parties concerned. It is imperative
to have an attorney on your side who is not only
sensitive to your needs, but who can also effectively
implement a plan of action to preserve your rights,
assets and personal dignity.
- Divorce
- All
Child Custody Matters
- Child
and Spousal Support
- Property
Division
- Domestic
Partnership Agreements
- Adoptions
- Guardianships
Personal
Injury
Ten
Tips in Case of an Auto Accident | Helpful
Hints to Maximize a Recovery
California Motorist
Bill of Rights
- Serious
Automobile/Motorcycle Accidents
- Uninsured
Motorist Claims
- Passenger
Rights
- Bus/Train/Public
Transit Accidents
- Bicycle
Accidents
- Pedestrian
Injuries
- Airplane
Accidents
- Animal
Inflicted Injuries/Dog Bites
- Slip,
Trip and Fall Injuries
- Dangerous
Defective Products
- Medical
Malpractice
- Work
Related Injuries
- Wrongful
Death
- Industrial
Accidents
- Explosion/Burn
Injuries
- Electrocution
- Toxic/Chemical
Exposure
- Farm
and Ranch Accidents
- All
Other Accidents Involving Injury or Loss of
Life
Why
Hire An Attorney
1.
An attorney has experience in dealing with complex
liability, coverage, medical payments and lien
issues.
2.
An attorney possesses the strong advocacy skills
needed when you have unequal bargaining power
with large insurance carriers.
3.
An attorney can handle your case on a contingency
basis, with a fee paid at the end of the case.
An attorney can save you money by reducing medical
liens, allowing you to receive a greater share
of insurance proceeds.
4.
An attorney is familiar with and able to hire
any necessary experts such as reconstruction experts,
biomechanic experts, investigators and other professionals
if they are required for your case.
5.
An attorney will handle the entire matter so your
life can return to normal. Accidents can be traumatic
and emotional, and dealing with a claim can be
very disruptive to your life.
Ten
Tips in Case of an Auto Accident
1.
Stay Calm
- Do
not move injured people.
- Do
not argue with anyone.
- Move
car out of traffic if you are not injured.
- Use
common sense and do not let emotions of the
moment, such as anger, influence your conduct.
2.
Exchange Information
-
Get names and telephone numbers of the other
drivers and any witnesses before they leave
the scene.
- Get
drivers license numbers and license plate
numbers.
- Get
the name of the other driver's insurer and
the policy number, if possible.
3.
Call Law Enforcement
-
If it is an injury accident, you must report
it to the police.You may not immediately recognize
the extent of your own injury, so if the collision
was serious, the best practice is to contact
the authorities.
- Give
the police officer your version of the accident.
Tell only what you know. Do not guess. Accurately
describe injuries, if any. Be aware that some
injuries do not become apparent until hours
or sometimes days after the accident.
- Get
the police report number, and when it will
be available.
4.
Make no admissions of fault
-
Determining who is at fault is often a complicated
question. Do not blame yourself before all
of the facts become known. Do not admit fault,
but do cooperate with the investigating authorities
and answer their questions.
- If
you do not know if you are injured, do not
guess. Say that you do not know whether or
not you are injured. Examine yourself for
external injuries.
5.
Take pictures of the vehicles, the scene of the
accident, and your injuries
-
Carrying a disposable camera in the glove
compartment of your car is highly recommended.
- Take
photographs of property damage to your vehicle,
the other vehicles involved and any surrounding
damage.
6.
Report the accident to your own insurance carrier
-
Review your own insurance policy for benefits
and coverage. Determine if you have "Med
Pay" coverage, and utilize it. "Med
Pay" is specifically for your use when
you are injured in an auto accident. There
is often an advantage to using this insurance
rather than your own private medical insurance.
- Cooperate
and be factual with your own insurance carrier.
- You
are not required to speak with any opposing
insurance carrier.
- If
the other driver does not have insurance coverage,
you need to take certain precautions.
- Make
all necessary reporting to the DMV.
7.
If injured, seek medical attention as soon as
possible
-
Some injuries may not be felt for a few hours
or a few days. Monitor your condition.
- It
is recommend that you see your primary physician
prior to seeking chiropractic or other alternative
treatment.
- If
you are injured, it can be a long process
to settle your claim. You should wait to settle
until the full extent of your injuries is
known. Do not rush settlement of your injury
claim (but keep in mind there are statues
of limitations and you must take legal action
before the statue expires). You may settle
your property damage claim separately from
your personal injury claim. Ordinarily, you
will settle property damage with your own
insurance company.
8.
Do not discuss the accident with anyone
-
You may speak with your doctors, lawyers,
close family members and your own insurance
carrier.
- We
recommend that you do not discuss anything
with opposing insurance companies
- If
you do not yet have an attorney, refer the
caller to the police report or your own insurance
carrier.
9.
Seek legal advice
-
If you feel you cannot handle things on your
own, seek the advice of an attorney. Ask friends
for recommendations.
- Consult
with an attorney sooner rather than later
(you can negotiate fees).
- Most
attorneys will tell you if it is simple and
you can handle it yourself.
- There
are various time limitations (or statutes
of limitation) for each type of personal injury
case. Some are rather short. You should ask
your attorney about this.
- You
can probably handle the property damage aspect
yourself. If you are injured, you should seriously
consider hiring an attorney.
- If
the opposing insurance carrier undervalues
your property damage, obtain comparable's
from the classifieds section of your local
newspaper. Compare condition, mileage, year,
and model.
10.
Keep a journal
-
Record your version of the facts while they
are fresh in your mind.
- Make
a sketch of the scene of the accident.
- Make
a record of pain, disability or discomfort.
- Keep
a daily journal recording your pain, disability,
discomfort, time missed from work, trips and
mileage to medical providers and any out-of-pocket
expenses incurred.
- Record
any limitations in your life as a result of
the accident.
Eight
Helpful Hints to Maximize a Recovery
1.
Take photographs of your damaged vehicle prior
to repair, and photographs of all physical injuries
you sustain prior to medical treatment (i.e.,
bruises, scrapes, etc.). Do not depend on your
physician or insurance carrier to take these photographs.
2. Keep a working camera in your
car at all times, just in case.
3. Retain all physical objects
involved in the accident, including shoes worn
(if a slip and fall), drug and medical bottles
and containers, braces, traction gear, casts,
splints and all damaged property and personal
effects. Jurors can relate to physical evidence.
4. Keep an accurate record of
time missed from work as a result of your injuries,
even if "sick leave" or "vacation
time" was used.
5. Keep a daily diary or journal,
and record, on a daily basis, pain, disability
or discomfort experienced as a result of the accident.
6. Keep an accurate record of
all expenses that you incur as a result of the
accident such as mileage, parking, tolls, co payments,
etc.
7. Keep all medical appointments
and cooperate fully with your medical provider.
8. Cooperate fully with your
attorney, which helps maximize your recovery result.
California
Motorist Bill of Rights
1.
DO I HAVE THE RIGHT TO TAKE MY CAR TO THE SHOP
OF MY CHOICE?
- YES.
ONLY YOU may select the repair facility.
2.
SHOULD MY INSURANCE COMPANY BE NOTIFIED BEFORE
REPAIRS?
- YES.
Your policy states that, if requested, you
must file a sworn proof of loss, exhibit the
damaged property, and submit to examination
under oath.
3.
DO I NEED TO CONTACT MORE THAN ONE SHOP FOR AN
ESTIMATE?
- NO.
Only one estimate for the shop of your choice
is required of you, unless more are specifically
required by the terms of your insurance policy.
Securing any additional estimates would be
the obligation of your insurance company.
The Bureau of Automotive Repair requires you
be given a written estimate before starting
repairs.
4.
AM I RESPONSIBLE FOR THE COST OF REPAIRS?
- YES.
You are responsible to the repair facility
for payment of repairs. If you are insured,
your insurance contract states that the insurance
company will pay you for the loss, less any
applicable deductibles or depreciation. Any
arrangements for payment by your insurance
company are your responsibility.
5.
IS THE REPAIR FACILITY RESPONSIBLE FOR THE REPAIRS
PERFORMED ON MY CAR?
- YES.
The Automotive Repair Act of 1971 requires
all repair dealers to be registered with the
State of California and to post a sign. This
act [Section 9884.7 (1) (g)] indicates that
the Department Of Consumer Affairs may invalidate
the registration of the repair dealer for
a number of causes, including willful departure
from or disregard of accepted trade standards
for good and workman-like repair. In particular,
this section would apply to any repairs which
would render a car unsafe. The repair facility
will use diligence in locating parts and materials
to expedite repairs.
6.
IF I AM HAVING DIFFICULTIES WITH MY INSURANCE
COMPANY, DO I HAVE RECOURSE?
- YES.
First consult with your insurance agent or
broker. If you continue to have problems,
consult with the Department of Insurance,
State Of California, at their office in Sacramento,
San Francisco, Los Angeles, or San Diego.
7.
IF MY INSURANCE COMPANY DOES NOT AGREE WITH THE
AMOUNT OF LOSS, DO I HAVE RECOURSE OTHER THAN
NO. 6?
- YES.
Your policy could provide that, when the insured
and the insurer fail to agree on the amount
of loss, both parties are entitled to arbitration
Land
Use
Have
you ever needed a permit? Do you know that you
need a permit for a construction project? This
firm can provide understanding and legal assistance
regarding various land use and zoning laws. Mr.
Fiumara has more than 25 years experience in this
area where he has successfully resolved many complex
land use conflicts in Santa Rosa and Sonoma County.
The
types of land use &
zoning cases Mr. Fiumara has had experience
working on include, but is not limited to:
-
Violation
of Sonoma County or Santa Rosa building and/or
zoning codes
-
Illegal dwelling unit issues/red tag concerns
-
Construction without permits/unlawful construction
-
Illegal septic systems
-
Structures converted to a second unit illegally
(illegal conversions)
-
Nuisance abatement
-
Use permits/modifications/variances
-
Business licenses
-
Alcohol beverage commission (ABC) hearings
(all administrative hearings)
-
Legalize unlawful construction
-
Eminent domain
-
Water &
sewer connections/city utilities
Education
Law and Student Advocacy
This
law firm does not believe that expulsion is the
only feasible means of remediating students' misconduct.
Michael Fiumara has represented dozens of students
in disciplinary hearings and has challenged expulsion
proceedings and zero tolerance policies.
- School
suspensions
- School
expulsions
- Disciplinary
hearings
- School
disciplinary policies
- Violation
of due process
- Education
codes
- Zero
tolerance policies
- Expungement
of school records
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DISCLAIMER
The
information and statements above does not
constitute legal advice. The receipt of
the above-mentioned information should not
become the formation of a lawyer or an attorney-client
relationship. Any results in your potential
case are only dependent on the facts of
that case and results will vary based upon
different facts and the application of those
facts. The statements are intended to be
general statements of the law in California.
The
statements are intended to give you a general
understanding of what is involved in the
criminal justice system in California and
is an attempt to educate the reader. It
is preferable to consult with a licensed
attorney of your choice, or you may choose
to consult with our office to learn the
specifics of the law and how we may tailor
that law to fit your needs. Please understand
that the law is subject to change. Even
though we work hard to update our website,
we cannot guarantee its accuracy at all
times.
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