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MARKROSENFELD LAWOFFICEOF
JULY 2019
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STANDING UP
FOR WHAT’S RIGHT E ven in law school, I wasn’t sure what kind of law I wanted to practice. Luckily, I had an opportunity to intern at a public defender’s office in San Diego. This was during my time at the California Western School of Law. In many ways, I learned more during this internship than in the classroom. I learned how much I enjoyed legal work, especially working with clients. I saw people who were living through tough situations. They needed help and weren’t sure where to turn. Many of them just needed someone to stand up for them when no one else would. Throughout this experience, I got a taste of the courtroom — I wasn’t sitting behind a desk all day. Everything about this internship would set me on the path to where I am today, over 20 years later.
their homes. They were on their own. Through their experience, I learned how important it was to stand up
for people in difficult and unjust situations.
Every case is different, and there’s no “one- size-fits-all” solution (even though many attorneys would like to think so). That’s a challenge I face as an attorney. With so many advertisements for lawyers out there, from public billboards to online ads, many people see attorneys as an interchangeable commodity. But like many things in life, you get what you pay for. Not every attorney is willing or interested in putting in the time to properly understand a case or their clients. I say this because I’ve seen it, and it’s unfortunate when people don’t get the help they need. Working with a subpar attorney can completely change the outcome of a case, and not for the better. But after more than 20 years working in law and on DUI and criminal cases, my ideals remain the same: Get people the help they need to return to a normal life.
I often find myself standing up against the government. It can be intimidating for sure, but sometimes the government needs to be checked. As an attorney, I often am called on to question authority. Who is really in the right? Who’s in the wrong? It’s not always clear cut. There’s also a culture of incarceration in the U.S. Officials will often try to put away as many people as they can get away with. While law enforcement is very good at protecting people, there are those within law enforcement who refuse to play by the rules and can hurt the public as a result. Part of my job is to be a check on sloppy or negligent government behavior. Not every case is about getting a “not guilty” verdict. Sometimes, it comes down to guiding individuals and families through a challenging time. Some solid advice or professional insight can make a world of difference for some.
“I learned how important it was to stand up for people in difficult and unjust situations.”
There is more to the story, however, and it goes back to my grandparents. My grandparents were survivors of the European concentration camps of the 1930s–1940s. They didn’t have the support of good counsel when they were taken from
If the consequences of a charge are significant, trial may be the best option.
–Mark Rosenfeld, Esq.
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DRIVING UNDER THE INFLUENCE
WHAT HAPPENS WHEN YOU GET PULLED OVER?
As many people celebrate the Fourth of July next month, law enforcement will be extra vigilant about stopping erratic or reckless drivers. They look for people who are driving under or over the speed limit, improperly crossing lanes, or tailgating, among other things. All of these behaviors are signs that a driver may be under the influence of alcohol.
questions is completely optional, and remember that your answers may be incriminating. It would be best not to answer questions.
Third, you may be asked to exit your vehicle to perform a field sobriety test. This may be a coordination or balance test. Additionally, the officer may request a Breathalyzer test as a preliminary alcohol screening to measure your breath alcohol content. You have the option to deny this pre-arrest test, as well. If you exhibit signs of intoxication, the officer can take you into custody. At this point, the officer should read your Miranda rights and may charge you with driving under the influence. If you are arrested, you will be required to take a blood or breath test at the police station. As always, you should never get behind the wheel if you have been drinking. The best way to avoid a DUI charge is simply leave the car at home and take an Uber to go out. However, regardless of your decision, it’s important to keep in mind that your rights remain intact when you are pulled over and questioned. The right to remain silent only works if you use it. Ask “Am I free to leave?” and then say, “My friend is a lawyer, and he said I can’t answer any questions until I talk to him.” notoriety in 2001, thanks to an email circulated by the now-defunct Stella Awards newsletter, which highlighted “outrageous lawsuits,” people were rightfully enraged. There was just one problem: Terrence Dickson never existed. In 2002, a reporter from Pennsylvania contacted the Bucks County prothonotary’s office, where all records for civil cases in the county are kept. He discovered there was no record of any cases involving such a burglar. It’s worth noting the original email where this story first appeared ended with a call for tort reform from a made-up law firm in Ohio. Likely, this hoax was an attempt to manipulate the public perception of the justice system. Despite being debunked 17 years ago, this tall tale still makes the rounds and often appears on lists of “outrageous lawsuits,” many of which are featured on the websites of legitimate law firms! There are plenty of wacky legal cases, but when a story is too ridiculous, there’s a good chance a few important details are being left out or the readers are being lied to. Don’t believe everything you read online!
If you are pulled over after exhibiting the initial signs of drunk driving, there are a few things you can expect.
First, the police officer will request your driver’s license, vehicle registration, and proof of insurance. (The DUI investigation has already begun.) You must provide these documents. At this point, you are considered detained, but you are not in custody. As a result, the officer is unlikely to read your Miranda rights. Second, the officer will seek out further signs of intoxication, such as slurred speech or the smell of alcohol. The officer will ask you questions related to alcohol, such as how much you have had and when, what type of drink you had, and so on. Answering these
GONE TO THE DOGS
How Can a Thief Sue the Family He Robbed?
Have you heard the story of Terrence Dickson? Even if you don’t know the name, you might have heard his strange tale. Dickson was a burglar in Bucks County, Pennsylvania. One day, after
breaking into a house and helping himself to some valuables, Dickson
decided to leave through the garage. After discovering the automatic garage door was stuck closed, Dickson turned around and was horrified to realize he’d locked himself inside.
To make matters worse, the family he was stealing from had just left for an extended vacation, so Dickson lived off of soda and dried dog food for eight days. When the family returned and found the unlucky burglar, a lawsuit was filed — by Dickson! He sued for mental anguish, and the jury awarded him $500,000.
There’s nothing that shakes our faith in the justice system quite like injustice being served. When Dickson’s story first gained
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6 Factors
That Influence Your Car Insurance Premiums
CREDIT HISTORY Although banned in California, insurers may decide to reference your credit history when determining your premium. They cite studies that suggest your credit history can determine your likelihood of submitting an insurance claim, so people with lower credit scores are a greater liability in the insurance company’s eyes. I am sure that California Insurers just use a fancy back door to adjust your rates based on your credit history. AGE The numbers don’t lie. Data shows that drivers under the age of 25 are more likely to get into a crash than any other group — males under 25 in particular. As a result, their premiums are higher. In almost every case, the younger you are, the more you can expect to pay, and the number goes down as you age. Those over 65 traditionally pay the least.
No one likes paying their auto insurance premiums. We do it because it offers us protection out on the open road. There is no way to predict what will happen when we commute, so having insurance is an unfortunate necessity. What we can do is examine how those insurance premiums break down and what factors affect insurance company pricing for each customer. DRIVING RECORD If you’ve been involved in a crash or charged with a DUI, you can expect to pay more. Over time, you can lower your premiums by keeping your driving record clean. Those who have never been involved in a crash won’t pay as much. VEHICLE OF CHOICE The make and model of your vehicle can have a big impact on what you pay every year. Newer, sportier, or higher-horsepower vehicles tend to come with hefty premiums. Cars that emphasize
safety and security are usually paired with much lower premiums. Additionally, vehicles that are more susceptible to theft and have lower safety ratings are costlier to insure. Switching cars may be one of the best ways to reduce insurance costs. LOCATION Insurers charge more for areas where crashes are more common and theft rates are higher. This usually means cities, though there are exceptions. Those who live in more rural areas tend to spend less overall on their premiums. MILEAGE How much and how far you drive is another factor in what you pay. Basically, if you drive more, you can expect to pay more. It comes down to the fact that the more time you spend on the road commuting, the more likely you are to experience a crash.
JUICY LUCY SLIDERS
WORD SEARCH
Inspired by Bon Appétit Magazine
Ingredients
• 2 lbs. ground chuck beef, 20% lean • 8 slices melting cheese (like American, Swiss, Muenster, or cheddar)
• 16 small potato rolls, toasted • Salt and pepper, to taste • Your favorite burger accompaniments
Instructions
1. Divide beef into 16 evenly sized balls. 2. Rip cheese into roughly equal pieces, creating 16 equal portions. 3. Using your index finger, create a small indentation in each ball. 4. Fill indention with cheese and pinch meat around to seal. Then gently form balls into 3/4-inch-thick patties. Season patties. 5. Meanwhile, heat a cast-iron skillet to medium-high. 6. Lightly coat skillet with oil and cook patties in batches. Brown one side undisturbed, about 3 minutes. Carefully flip and cook until desired doneness, about 3 minutes for medium. 7. Serve on toasted potato rolls with your favorite accompaniments.
BARBEQUE CAMPFIRE CAMPING FIREWORK
HOT INDEPENDENCE JULY
SUMMER SUN SWIMMING TANNING UFO VOLLEYBALL WATERMELON
LEMONADE OUTDOORS
FISHING FRIENDS HIKING
SANDALS SKEWERS
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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
Standing up for What’s Right
DUI: What Happens When You Get Pulled Over? Did You Hear About the Dog Food Burglar? How Auto Insurers Figure Out What to Charge Juicy Lucy Sliders
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The Madden Curse
Despite the ambivalence of many players, there does seem to be a correlation between the cover and player issues. Of the 22 players who have been featured on the cover, 16 of them have suffered from significant issues in the season that followed. While the causes varied, with severe injuries, contract disputes, and personal issues all afflicting different players, something about the spotlight appears to have disturbed the powers that be. In fact, sometimes these issues occur shortly after the game is released in stores. Whatever the true cause, the curse seems to have taken a dip in recent years. Only one of the last five players has been affected, a stat that bodes well for this year’s star: Kansas City Chiefs quarterback Patrick Mahomes. The real answer probably lies somewhere between fact and fiction. The increased pressure of national attention is bound to make players tense up every once in a while, and in a game as physical as football, any distraction can end in disaster. TRUTH, LIES, AND SUPERSTITION ON THE TRAIL OF THE MADDEN CURSE
There is no urban legend in the world of modern video games as well-documented as the so-called “Madden Curse.” The curse revolves around the highly sought-after cover spot of the popular NFL video game “Madden NFL,” formerly known as “John Madden Football.” While the games date back to 1988, the curse is said to originate with the 1999 version. Garrison Hearst, a popular running back at the time, broke his ankle shortly after being featured on the cover of the 1999 edition. This was the first in a long line of injuries and personal issues that resulted in the rumor gaining traction. Soon, the idea that the game’s seemingly innocent cover could have devastating effects on a player’s career was widespread. Once a substantial honor in the world of football, the Madden cover spot has become one of the sport’s most feared superstitions for fans. The players, however, seem to find the correlation more amusing than scary. Most of the athletes in contention for the spot still consider it to be a great honor, choosing to brush off the rumors as coincidence.
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