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Recent Blog Posts

Family Law: Understanding How Child Custody Judgments Are Made 

By Schwartzberg | Luther, APC |

In the State of California, any place in which child custody rights are in questions, key elements should be raised. When a child’s parents are going through a divorce, they will likely want to know where the child will be placed to live primarily in. Further, they may also wonder if they will have… Read More »

Experienced Criminal Defense Lawyer Discusses the Defendant’s Right to a Speedy Trial

By Schwartzberg | Luther, APC |

Under the Sixth Amendment to the United States Constitution, and individual state constitutions, alleged criminal offenders are guaranteed the right to a speedy trial.  Under California law, an individual who is charged with a felony must be brought to trial within sixty days of their arraignment on an information or indictment unless good cause… Read More »

Family Law: How to Obtain a Move Away Order

By Schwartzberg | Luther, APC |

A parent who does not have full custody of his or her child will often face challenges when he or she is looking to move out of the state. When one parent has the desire to relocate, he or she will need to obtain the consent of the other parent in order to take… Read More »

Experienced Criminal Defense Lawyer Discusses Vandalism Offenses in California

By Schwartzberg | Luther, APC |

California law defines vandalism as defacing with graffiti or maliciously damaging or destroying the personal or real property of another.  Real property that might be vandalized can include signs, vehicles, furnishings, fixtures, or property that belongs to the government or any public entity.  The seriousness of the charge and how harsh the punishment may… Read More »

What Is A California “Wobbler” Offense?

By Schwartzberg | Luther, APC |

Under California law, a “wobbler” offense is a criminal offense that might be charged and punished as either a misdemeanor or a felony.  Many offenses in California are considered wobblers, and while most of them are listed in California’s Penal Code, they are also found in some of the other codes like the Health… Read More »

Personal Injury Law: Elements that Constitute a Negligent Driver in the State of California

By Schwartzberg | Luther, APC |

In the State of California, when a person is granted a driver’s license, the driver will be have to abide by the driving laws of the State, which is regulated by the Department of Motor Vehicles. The California Department of Motor Vehicles is tasked with ensuring that all those interested in applying for a… Read More »

Family Law in the State of California: The Grandparent’s Rights for Custody and Visitation

By Schwartzberg | Luther, APC |

Proceedings surrounding a divorce can be complicated and often complex. This is particularly true if the divorcing couple find it difficult to agree on child custody and visitation arrangements. For many families, however, the child’s parents are not the only important parental figures. Many children are often raised and cared for by the grandparents…. Read More »

Criminal Defense in the State of California: Defending Against a Drug Charge

By Schwartzberg | Luther, APC |

If you have been charged with drug possession in the State of California, you should know that a good defense is attainable. Consider seeking the legal expertise of a proficient attorney who can champion for your rights. This article will highlight some of the commonly used tactics. If you have any specific questions regarding… Read More »

Criminal Law: An Overview on Misdemeanor Charges 

By Schwartzberg | Luther, APC |

There are a number of different cases that could entail a misdemeanor charge. In the State of California, there are three possible violations of the law or local ordinances. These are: Infractions Misdemeanors Felonies Depending on the nature of the violation that was committed, the law and/or ordinance broken, a criminal case may ensue…. Read More »

Family Law: The Basics to Understanding a QDRO

By Schwartzberg | Luther, APC |

The dissolution of a marriage can be a very complex and difficult process. Among other factors, the dissolution of a marriage will involve the division and allocation of property and assets shared between both parties. One important asset that will be considered is both parties’ retirement and/or pension savings. A former spouse, underage children,… Read More »

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