Law Office of Mark Rosenfeld - January/February 2022

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MARKROSENFELD LAWOFFICEOF

JANUARY/FEBRUARY 2022

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What Does It Take to Find the Right Attorney?

DON’T GO IN BLIND — ASK ME!

Recently, I’ve been assisting a client in a domestic violence case. Handling the criminal law side has gone smoothly — I’ve spent over 20 years in criminal law and that’s simply what I do. However, the problem is that my client

best help they can get. No matter what your financial needs are, I have resources to very expensive private attorneys and contacts with wonderful pro bono and public defenders. When people contact me, I want to ensure that we have everything we need to help our clients not only overcome their criminal case, but new legal hurdles in their lives that are emerging because of it. There are cases where, even for me, it’s tough to find the right person for a client. Such was the case for my recent domestic abuse client. When you require a person with the right experience and dedication to a case, you tend to pay a premium. Some clients can’t afford that and are forced to use more affordable attorneys who may be too busy to give each case their full attention. I can’t imagine what the search for the right family law attorney would’ve been like for my client without my help. When it comes to finding the right attorney, our clients’ communication is always first. I have many resources to help my clients, which is why I listen closely when my clients share all aspects of their life during our meetings, like work, family, immigration, and even professional licenses. The more information I have, the better I can help my clients move onto the next chapter of their lives.

doesn’t just need a criminal law attorney expert. They also need a family law attorney to handle the divorce. That’s not uncommon. In criminal law, your case may involve major life changes — you may want a civil rights attorney to pursue charges if your rights as a U.S. citizen have been violated, or you may also want an estate planning attorney to create a trust to protect your family’s assets. There are even cases where clients need a military attorney, depending if they’re currently serving in the military or not.

However, when you start needing lawyers, you want to know you’ve picked the right lawyer — that means the best attorney for the right price for your money.

Like finding a good plumber or car mechanic, the Google reviews might help, but they don’t always tell the full story of your local service providers. Referrals are always the better option. So, take it from a guy who’s spent 20 years in courtrooms: I’ve built up a large Rolodex of trustworthy contacts across all fields who I absolutely know and trust to treat my clients right.

I don’t like to see my clients having trouble with the law. If I can’t help them with what they need, then I ensure that they have access to the

–Mark Rosenfeld, Esq.

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HOW MUCH ARE YOUR FAVORITE PANTS WORTH?

One Man Estimated His at $54 Million

Everyone knows that the perfect pair of pants can be hard to come by, but are they worth $54 million? Administrative Judge Roy L. Pearson had a favorite pair of pants, but in 2007, he claimed that Custom Cleaners lost them and returned a completely different pair instead. It all began when Pearson took his pants to the Washington, D.C., dry cleaners for alterations worth $10.50. The pants were sent in error to the incorrect dry cleaner, so Pearson’s pickup was delayed by several days. Once the pants were returned, despite bearing all the correct tags and matching his receipt, Pearson declared that the pants were not his. When the dry cleaner refused his demand for $1,000 compensation, he decided it was time for legal action. Pearson originally sued the cleaner’s owners, Soo Chung, Jin Nam Chung, and Ki Y. Chung, for a whopping $67 million in

damages but later reduced the claim to a far more reasonable $54 million. In his suit, Pearson requested $3 million for mental distress, $90,000 for a rental car to visit another dry

Even though the Chungs offered him a $12,000 settlement to make the case go away, Pearson persevered.

cleaner, and $500,000 in attorney’s fees (Pearson represented himself). At the heart of his claim, though, was the company’s failure to live up to their “Satisfaction Guaranteed” and “Same Day Service” signs in the window.

He ultimately lost his case. At the end of the trial, the judge declared

that no reasonable person would consider the signs at Custom Cleaners to be an unconditional promise — and also that Pearson had failed to prove the returned pants weren’t his. The Chungs ultimately recovered their court costs via a fundraiser, and Pearson lost his judicial appointment. Unsurprisingly, this prompted another lawsuit, which he also lost. In 2020, Pearson was suspended from practicing law for 90 days as a result of his actions in Pearson v. Chung . But for bringing new meaning to the phase “I’ll sue the pants off of you,” his place in legal history is secure.

The media had a field day, joking about the case as a “pantsuit” and inspiring a “Law & Order” episode called “Bottomless.” Pearson seemed to relish the spectacle, calling his lawsuit “an awesome responsibility” in court and breaking down into tears on the stand. He also called a witness who compared the Chungs to Nazis.

WAIT, I CAN GET AN IN-HOME DUI?

Learn the Facts Before It’s Too Late

There are situations when someone is arrested for driving under the influence (DUI) when the police never actually saw them driving — so they perform an in-home DUI arrest. Usually, this will happen after an accident, when someone wrote down a license plate number after seeing an incident and police tracked it to the owner's home, or if officers simply follow someone to their place of residence. In some cases, officers may check to see if a car is in the garage, then knock on the door and pull someone out of their house for a DUI investigation, which is followed by an arrest. The general rule is that the police need a warrant to enter a home, although there are certain exceptions they may try to use. Usually, however, they try getting consent rather than spending the time or effort contacting a judge for a warrant. Police may knock on the door or ring the bell, and when

the person answers, they’ll ask them to come outside to talk to them; when they do, the officers are well on their way to conducting an investigation. If they get admissions from the person that yes, they do have a car and that’s the make, model, and license number and that they were driving it — officers are well on their way to having enough probable cause to make a lawful arrest. There are many defenses to these types of cases, but to avoid arrest and contact with the police, remember, you don’t have to answer the door. You aren’t obligated to talk to police officers; you have the right to remain silent. If they have enough information for a warrant, let them get a warrant and come back with it. All of this will take time and effort from the

police, and they may or may not go through it, but if you come down and you open the door and have a consensual encounter with police, you’re more likely to be arrested for DUI (or any other crime) than if you had chosen to leave the door shut. There may be exigent circumstances or emergency situations, such as a hot pursuit where police followed you to your house. However, in normal circumstances, you don’t have to answer the door. People can take a shower or turn on the TV, or they can sit down and have a beer in their own house. This makes it almost impossible for a prosecution to prove beyond a reasonable doubt what that person’s alcohol level was earlier when they were driving. If you’ve received an in-home DUI arrest, don’t hesitate to call our expert team at the Law Offices of Mark Rosenfeld!

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How Do Search Warrants Work?

What is the knock and announce rule? Before beginning the search, law enforcement must knock on the door, announce themselves as a police officer, inform the person that they have a search warrant, and give them time to open the door. An officer can force entry into the suspected area if the occupant refuses to open the door. Likewise, they can force entry if no one is home to answer the door. If someone is home, there must be evidence of refusal for law enforcement to force their way in. When can you say no to a search? If there is no warrant issued to search your property, then you can say no. For example, if you got pulled over during a traffic stop and law enforcement asked if they could search your car, you can say no. If an officer arrives at your house and asks to search your property without a warrant, you can say no. They need to have a specific reason to be concerned for their safety to conduct a search, and you have the right to be free of unreasonable searches. If you have any questions about search warrants and their procedure or if you have received a warrant, allow the Law Office of Mark Rosenfeld to assist you! We will be happy to take a look at your case.

A search warrant can be used by law enforcement in different ways to search a person, residence, vehicle, or business suspected of illegal activity. The search warrant also allows police to keep any evidence they found at the site. While they seem like be-all and end-all solutions to obtain an arrest, search warrants can be more complex than you might think. Who authorizes a search warrant? A judge has to issue and sign a warrant, as they are a neutral party who is unbiased when evaluating the circumstances of the investigation. Before signing, the judge must believe someone committed a misdemeanor or felony. They must also believe that evidence is likely to be found at that location. What are the requirements for the police? Law enforcement must have probable cause or reasonable belief that criminal activity has occurred. Some examples that will lead to a search warrant are: • If an item was allegedly stolen and could be on your property • If a stolen item is intended to be used in a crime or used to commit a crime • If an arrest warrant has been issued

Inspired by FoodNetwork.com

Chicken With Lemon Herb Sauce Andrea’s Kitchen

Healthy eating doesn’t have to be bland with this citrusy chicken!

Ingredients

• 1/3 cup and 2 tbsp olive oil, divided • 4 boneless chicken breasts • 1 clove of garlic, minced • 1/4 tsp salt

• 1/2 cup parsley, chopped • 1/3 cup mint, chopped • 1 1/2 tsp pepper • 1 lemon, for juice and zest

Blanket Carnation Cold Emmys

Football Garnet Janus Mittens

Parade Resolution Snow Workout

Directions

1. Preheat oven to 450 F. 2. In a large ovenproof skillet, heat 2 tbsp olive oil.

You never have to go it alone if you’re charged with a crime or face any other legal issue. If you or a loved one are in trouble with the law, call me right away at 310-424-3145. I’m here to get you the legal help you need (and if your issue is outside of my areas of expertise, I can connect you with other trusted, experienced attorneys). LEGAL ADVERTISEMENT

3. Season chicken with salt and pepper if desired and sear it in the skillet for 3 minutes on each side. Bake chicken until its internal temperature is 165 F. 4. In a blender, add 1/3 cup olive oil, garlic, salt, parsley, mint, pepper, and lemon zest and juice and blend ingredients until coarsely mixed. 5. Top chicken with sauce and serve!

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Law Office Of Mark Rosenfeld 8200 Wilshire Blvd., Suite 200 Beverly Hills, CA 90211 310-424-3145

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INSIDE THIS ISSUE

1 2

You May Need More Than a Criminal Attorney

The Case of the $54 Million Pants What’s an In-Home DUI?

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When Can You Say No to a Search? Chicken With Lemon Herb Sauce

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The Coolest Winter Sport You've Never Heard Of

Never face a legal problem alone. Any time legal help is needed, please call my office right away. My office will make sure you get the right attorney and the help you need.

This Sport Could Keep You Fit Through the Winter BIKING … IN THE SNOW?

Trouble on the Trail In some ways, that boundless joy is warranted because winter fat biking can actually be safer than summer mountain biking thanks to the deep snow that cushions falls on trail sides. That said, it’s still important to choose your route wisely and take precautions. The International Mountain Bicycling Association suggests bringing along ice fishing picks and rope if you ride across ice and watching the weather to avoid slush. Bikers should also bring provisions, dress properly, and use proper trail etiquette depending on where they ride. Visit IMBA.com/ Node/1865 to learn more. A Final Reality Check The biggest downside to fat-tire biking is the expense: “Budget” bikes start at over $500 and quality rigs can cost more than $3,000! Fortunately, you can rent fat-tire bikes by the day in most mountain towns and ski resorts. Also, fat bikes aren’t just for winter — if you invest in one, you can ride it all year round. For a full beginner’s guide to fat biking, visit FatBikePlanet.com/how-to-ride-a- fat-bike-for-beginners.

If you visit Long Island this winter, you just might see talk show host Jimmy Fallon zooming through the streets on a fat-tire

bike. These bikes look a little silly, but their wide (4–6 inches) tires are grippy enough to let New Yorkers like Fallon commute even on the snowiest days. Outside of the city, fat biking is a popular sport on snowy mountain trails where a street bike would never survive.

3 Reasons to Ride If you already love cycling, investing in a fat-tire bike can help you extend your bike season and enjoy the sport all year

round. It’s also a great way to stay in shape! As Bicycling magazine puts it, “On a fat bike, you can burn up to 1,500 calories an hour in soft conditions — seriously. But you’ll also recover faster

than if you went for an hourlong run.” Finally, zooming through the snow on a bike is just fun. As Singletracks writer Michael Paul says, “They make you feel like you’re 8 years old again — you’ll be hard- pressed to wipe that grin off your face!”

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