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MARKROSENFELD LAWOFFICEOF
JULY/AUGUST 2020
310-424-3145 | MRDUILA.COM
I t goes without saying: Many things have changed over the last several months. In the world of law, I have also experienced a number of changes, both in and out of the courtroom. Some of the changes have been positive, others not so much. A few months ago, one of the biggest changes came in the form of jury trials. They just weren’t happening. Group gatherings weren’t allowed and putting together a jury — and then serving on one — meant several people would have to gather in one place. As a result, many jury trials were pushed back 60 days or more, which created a ripple effect throughout the system in Los Angeles. The courts in LA had to figure out how they wanted to handle cases. Different types of cases were handled in different ways. For example, DUI misdemeanor cases were heard telephonically or in the court itself without the physical appearance of counsel. They relied on conferencing software to get the job done. The courts handled the most serious cases as best as they could, but a lot of the rules that govern criminal law cases were suspended. In some instances, the courts denied the defendant their right to cross- examine witnesses in a timely manner. It was unfortunate. As things start to normalize this summer and courts open up for general matters, you’re going to see things slow down again. A lot of jury trials that were postponed — or weren’t scheduled at all — are now being scheduled. The LA court system was already handling a lot of cases before the pandemic, in the months after, it’s going to be a mess. That said, there is a silver lining. Because of the backlog of cases, you’re going to see more cases simply not go to trial. You’re also going to see some good settlements as the courts try to clear out their backlog. They want to focus their time and resources on the most serious cases. For those they consider less serious, I expect THE SYSTEM PUSHES BACK, WE PUSH FORWARD
to see some deals being made that benefit not only my clients but many individuals.
Even on the law enforcement side of things, police have been focusing more on serious crimes rather than those deemed less serious. Because of that, there will be a second ripple effect in the coming months as fewer people are being charged with crimes than they may have been charged with under different circumstances. Interestingly enough, at my law firm, we too saw a ripple effect of sorts. Because so many businesses were closed this spring — including bars and restaurants — and fewer people were out on the road, fewer people were out drinking and driving, so we took in fewer DUI cases. On the other side of the coin, people were still drinking at home, and there was an increase in residential domestic violence cases. This is the side of the pandemic that not a lot of people know about. We see what happens out in our communities, but we don’t often see what happens in individual homes. The pandemic has affected every single one of us in one way or another. Regardless, we remain hard at work for our clients. The court system may have thrown a few curveballs at us, but we were ready to adapt and move forward.
Stay safe,
–Mark Rosenfeld, Esq.
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MEALS ON WHEELS GOES THE EXTRA MILE A MEAL FOR EVERY MEMBER OF THE FAMILY
Meals on Wheels doesn’t often get the credit it deserves. The international nonprofit ensures those who are unable to buy or make their own meals get the food they need to survive. Of course, for many recipients, the efforts of the organization go far beyond “survival.” For those who receive food daily or weekly, those deliveries may be their only source of social interaction. And during times of social distancing, the program became more important than ever. Meals on Wheels doesn’t just serve meals to the elderly and people with disabilities — it also serves those people’s pets. In 2019, Meals on Wheels Atlanta realized there was a huge need in their community to feed the pets of senior citizens. It stands to reason that if an elderly individual is unable to shop or cook for themselves, their pets may be in a similar predicament. And when someone’s pet is their entire world, making sure the animal is fed and healthy means everything. In response to this need, Meals on Wheels Atlanta began stocking up on cat and dog food, creating their own pantry to serve the local pet community. When volunteers made their rounds delivering meals to seniors, they made sure to bring cat and dog food along too.
One volunteer with Meals on Wheels Atlanta, Larry Auberbach, had a unique experience delivering meals to Jeffery Jones and his dog, Grizzly. The volunteer told 11Alive News in Atlanta that Jeffery and Grizzly “have their own special relationship.” Larry loved Grizzly long before Meals on Wheels Atlanta started the pet pantry because he saw how much Grizzly’s companionship meant to Jeffery. Now, Larry enjoys his service that much more since he gets to provide for Jeffery’s beloved pet, as well. On top of delivering food to seniors and their pets, Meals on Wheels Atlanta also delivers pet toys and pet beds, and they are happy to take in any pet-related food or items for donation. The organization says this endeavor was done out of love, not only for the people they serve but also for the whole family — wagging tails, fuzzy whiskers, and all.
3 DUI MISTAKES YOU WANT TO AVOID attorney. Unfortunately, at that point, serious damage may have already been done that the attorney may or may not be able to fix.
When a person is charged with driving under the influence (DUI), what they do after being charged can make a world
2. Making Harmful Statements
All too often, we see people harm their case by making certain statements during the investigation process. They may admit a degree of impairment to an investigating officer. They may say that they didn’t feel the effects of the alcohol. Or they may admit they should not have been behind the wheel. The more you talk, the worse it can be for your case.
of difference. People who find themselves in this situation will want to take certain steps in order to see the best possible outcome for their situation. Avoid lasting negative repercussions by not making the following mistakes:
3. Waiting Too Long
1. Not Hiring an Attorney
Sometimes, people feel the need to put off an important task, such as hiring a good defense attorney. They may wait, not because they intend to handle their own case, but because they are worried about the cost or they aren’t sure who to hire. When people wait, they are more likely to miss critical deadlines in their case. When deadlines have passed and the defendant hasn’t taken any actions, the repercussions can be irreversible. Never let the court system work through your case without taking action. It will cause more harm than good. Hire a good attorney who will get to work immediately.
People who’ve been charged with a DUI and don’t hire an attorney may jeopardize their case. They need someone who is going to go to bat for them and will work with them on a consistent basis to get the best results possible. More often than not, people who try to handle DUI cases on their own find themselves creating new problems. It’s only after they’ve created these new problems that they decide to hire an
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EXPUNGEMENT IN CALIFORNIA
L et’s say you have a criminal charge on your record and several years ago that charge was dismissed. You may have heard that after a certain number of years the dismissed charge would simply be removed, or expunged, from your permanent record. Unfortunately, this isn’t necessarily the case. In California, expunging a criminal record isn’t as straightforward as it is in other states. You can get a charge expunged, but it will remain a part of your record — sort of. The record is merely modified to read “dismissed in the interests of justice.” As such, people can still learn about your past charge, regardless of the circumstances. Having an old charge expunged has its benefits. For one, once a charge is “removed” from your record, you are no longer required to disclose it to anyone, such as potential government employers. In this case, any government or private sector employer must treat you as though you were never convicted of the expunged crime. While it still “exists” on paper (in that it can be read), for legal purposes, it does not exist. Does It Make Sense for You?
Do you qualify for expungement? There are different scenarios in which you may qualify. Some examples include:
• You have been convicted of a
misdemeanor or felony in the past , but you are not currently set to serve jail time or facing criminal charges at this time. • You have completed probation and/or community service, paid fines, and otherwise completed the terms of your past sentencing. It’s also important to keep in mind that there are circumstances in which an individual may not qualify for expungement. This includes those who’ve been convicted in a federal court, those currently serving probation, or those who’ve been sentenced to California state prison. If you feel a past conviction deserves to be expunged, then it can pay to consult with an attorney specializing in criminal law. They can help guide you through the process and make sure you understand the terms of the expungement so you come out on the other side ready to take on the next chapter of your life.
WORD SEARCH
Andrea’s Kitchen
The Best Grilled Summer Vegetables
Caesar Fireworks Grilling Independence Larkspur Peaches Picnic Popsicles Ruby Sparkler
Contrary to popular belief, vegetables are delicious. Most of our parents just didn’t know how to prepare them well. This summer, revolutionize your cookout with a serving of delicious, colorful veggies.
Ingredients
Inspired by DinnerAtTheZoo.com
• 1 tsp salt • 1/4 tsp pepper • 1 1/2 tsp dried Italian seasoning • 1 1/2 tsp garlic, minced • 2 lbs assorted vegetables, trimmed and halved (asparagus, mushrooms, red
onion, red bell peppers, baby carrots, and yellow squash are great on the grill)
• 5 tbsp olive oil • 2 tbsp lemon juice • 1/4 cup parsley leaves, chopped
Sunglasses Swimming
Directions
1. In a small bowl, combine salt, pepper, Italian seasoning, and garlic. 2. Brush vegetables with olive oil and place in a large bowl. Top with lemon juice and seasoning mixture. Toss to coat evenly. Cover and refrigerate for at least 20 minutes but no longer than 2 hours. 3. Prepare the grill at medium-high heat. 4. Grill vegetables in batches, cooking 3–5 minutes on each side until browned and tender. (Carrots will cook longer, 6–9 minutes per side.) 5. Remove from the grill, sprinkle with parsley, and serve hot.
You never have to go it alone if you’re charged with a crime or facing 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
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Law Office Of Mark Rosenfeld 8200 Wilshire Blvd., Suite 200 Beverly Hills, CA 90211 310-424-3145
PRST STD US POSTAGE PAID BOISE, ID PERMIT 411
INSIDE THIS ISSUE
1 2
Working Through the System
How Meals on Wheels Atlanta Stepped Up for Its Community
Don’t Make These DUI Mistakes
3
Do You Qualify for Expungement?
The Secret to Delicious Grilled Veggies
4
The Case That Was Frozen on Arrival
You never have to go it alone if you’re charged with a crime or facing 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).
THE WOMAN WHO SUED DISNEY FOR COPYING HER LIFE IN ‘FROZEN’ THE CASE THAT WAS FROZEN ON ARRIVAL
T his is the story of a woman who just couldn’t let it go. It was the fall of 2014 — Dennis Rodman became friends with North Korean leader Kim Jong Un. Ellen DeGeneres’ selfie with Oscar winners at the Academy Awards became the most retweeted image of all time. And an author sued Disney for $250 million after she claimed that the company stole major elements of her published memoir to craft the movie “Frozen.” “Frozen” was released in November 2013 and saw massive box office success and critical acclaim. It seemed like Walt Disney Animation Studios was finally hitting their stride and catching up to Pixar movies’ quality animation and storytelling. Unfortunately, high- profile movie projects and financiers with deep pockets tend to attract all sorts of hullabaloo in the form of frivolous lawsuits. Author Isabella Tanikumi, whose only notable work to date is her 2011 memoir “Yearnings of the Heart,” sued Disney for an egregious $250 million after claiming that the winter wonderland adventures of Anna, Elsa, and Olaf were stolen straight from her memoir and her life and violated copyright law. She cited 18 “similarities” to bolster her massive claim. For instance, Tanikumi claimed that both her book and the movie had stories of intense sisterly love, scenes
under the moon, and talk about cold hearts.
The tenuousness of the similarities alone would
cause most people to dismiss Tanikumi’s claim like they would the ramblings of a red yarn- loving conspiracy theorist. And that’s just what the judge who oversaw the case did, granting Disney’s motion to dismiss. The judge stated that copyright law
protects expressions but not ideas. The themes that Tanikumi believed Disney had stolen from her story were under public domain, usable by anyone without permission. Only Tanikumi herself knows for sure why she went through all that trouble. Everyone else will just have to speculate what gave her the gall to take on a media juggernaut like Disney in court with next to no viable case. That said, several reviews of her memoir on Amazon mention ties to “Frozen,” so make of that what you will.
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