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MARKROSENFELD LAWOFFICEOF
MAY/JUNE 2021
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The Court System Changed … And So Did We
O ver the last year, we learned how much priorities can change. One day, you’re coming into the office for a full day of work, and the next, you’re learning how to use Zoom without accidentally muting yourself. It felt like a lot of things changed overnight, though some changes were much slower than others. Sometimes, the changes were helpful, but other times, not so much. We learned that the concept of timelines, for example, were not as important as they once were. As the LA County courts became backlogged last year — and continue to be backlogged — timelines were thrown out the window. Those hoping to appear in court in a timely manner were out of luck, though that wasn’t always a bad thing. For myself and my family, staying safe and healthy became more important than commuting to work every day. While not everyone was in a position to allow for this, I was fortunate I could make the change and continue working without much interruption. I quickly learned I could get a lot done working remotely. As an attorney, as long as I have a phone, a computer, and a good internet connection, I can keep working with my staff and clients almost seamlessly. Coming back to the court system, they made a lot of progress over the last year — some of it much needed. The court system used to be a dinosaur, relying on old and outdated practices. Sometimes, you had to make a trip to the courthouse for even the smallest things and spend a lot of time waiting. The court system fought hard against technology, but when you’re hit with a pandemic, suddenly technology starts looking much more appealing.
Now that we have more options, such as handling things over the phone or in a video call, I feel like my job has become more efficient. Even over a year later, my job still feels that way. I can give more attention to each client — less time is wasted waiting around. I don’t have to meet directly with other attorneys or prosecutors. Technology keeps cases moving. And in some cases, it means better results for the client. The downside of change is that we haven’t been able to schedule jury trials for a lot of people. People are waiting to clear their name, but justice has been delayed. Of course, when justice is delayed, that is not justice at all. People used to have the right to a speedy trial, but those days are currently suspended. It’s not all bad news. We’re working on a few cases that may actually benefit from the lack of speedy trials. While I can’t go into detail on ongoing cases, I can say we’ve been able to use the current reality to our advantage in certain cases. It really comes down to the fact that much of our legal system has relied heavily on outdated methods. As things change, the way we and the courts handle cases changes, too. The future is wild.
–Mark Rosenfeld, Esq.
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Explosive Balls (at Least in Massachusetts) Are Not EXPLOSIVE SWINGS ARE ALLOWED ON THE GOLF COURSE
With the U.S. Open coming up in June (barring any major COVID-19-related developments), the participants are sure to leave audiences in awe of their explosive drives. While “explosive” in this context doesn’t mean anything is actually exploding, there is a precedent for golf balls that literally explode. In fact, that precedent led to the creation of a pretty interesting state law in Massachusetts: No
be fined $500 for the first offense and up to $1,000 or imprisoned for a year for any offense after that. You would think that the existence of this law means that at some point, people were just smacking exploding golf balls around the Bay State before the lawmen kiboshed it. However, the truth is a little more nuanced.
J. in 1912, who, while “dissecting” a golf ball, ruptured the rubber fluid sack at the center. Some of the liquid got in his eye and caused permanent damage to his sight, despite multiple visits to the doctor. Even though golf ball manufacturers stopped using caustic liquids in the centers of their golf balls in the 1920s, the liquid centers of golf balls made in the following decades could still cause harm. If someone dissected a golf ball and ruptured the fluid sack of one of these later balls, the crystalline material within could still cause injuries. Fortunately, solid core golf balls became common during the 1970s, removing liquid core golf balls from the course for good. However, even though they’re gone, their legacy lives on in this strange Massachusetts law.
While it’s unknown what exactly prompted the
legislation, there are a few clues as to what sorts of incidents Massachusetts governments were
one is allowed to sell exploding golf balls.
According to Chapter 148, Section 55 of the General Laws
trying to avoid. The first clue is that prior to the late 1960s and early 1970s,
of Massachusetts, “Anyone who sells or knowingly uses … a golf ball containing any acid, fluid, gas, or other substance tending to cause the ball to explode” can
golf balls were actually manufactured with a caustic liquid at the center. This led to the unforeseen injury of a boy named William
6 THINGS TO REMEMBER IF YOU GET PULLED OVER
Here’s a common question we often hear: “What should I do when I’m pulled over for a traffic stop?”
mood. When the officer asks where you’ve been and where you’re going, it’s part of their investigation, not a friendly chat. Fifth, don’t make any admissions. During most traffic stops, the officer will walk up and ask, “Do you know why I pulled you over?” You might want to say because you were doing this or that. This is an admission and can be used against you. These statements are often recorded by a camera in the police car accompanied by a lapel microphone on the officer or with a body camera. Finally, you don’t want to consent to search. If the officer asks to search your vehicle, the truck, a bag in the vehicle, or anything else, you can politely decline. Other than rolling down the windows, you do not need to let the officer see within the vehicle.
A large part of the answer comes down to common sense. First and foremost, be polite and avoid starting a confrontation with the officer. Be calm and as friendly as you can. The officer is doing their job, and they know people aren’t happy to be pulled over. Talking to them about being recorded or starting an argument is not helpful. Secondly, you do not want to be memorable. You want to fade out of the officer’s memory. The officer will make notes on a ticket or arrest report based on their interaction. You don’t want to give them any extra information or any details to remember you by. Keep things simple and straightforward.
Thirdly, make sure you treat the officer with respect with your body language. Remain visible at all times. Officers are always concerned when they pull someone over. They don’t know how many people may be in the car, where the people are situated, or what’s going on within the car. Keep your hands on the steering wheel visible at all times and roll down the windows. Fourth, keep the interaction with the officer as short as possible. Don’t do or say anything unnecessarily to extend the interaction. The longer the encounter is, the greater the chance that something goes wrong. Don’t engage in conversation or joke to lighten the
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DMV and Driver’s License Suspension
What Can You Do?
There are many reasons why the Department of Motor Vehicles (DMV) suspends a person’s driver’s license. It’s important to note that, yes, under certain circumstances, it will suspend your license — it has that authority. The California DMV suspends over 1 million driver’s licenses every year for several reasons, including, but not limited to, the following:
If it’s related to a mental or physical condition, you may need to be re- evaluated by a health care professional and prove to the DMV that your condition isn't a problem that impedes your driving. If the DMV is attempting to suspend your license due to a DUI, you have the right to a hearing. Working with an experienced DUI defense attorney allows you to respond to the suspension and build a defense. If the DMV threatens to suspend your driver’s license, the first thing to do is get as much information about the suspension as possible. Understand why your license is being suspended and what you need to do to get it reinstated. Working with an attorney will put you in a better position to understand why your license has been suspended and how you can get it back. Keep in mind that it’s crucial to act quickly when your license has been suspended or there’s a threat of suspension. Every case is different, and there are time constraints on different types of hearings. Your attorney must contact the DMV to request a hearing and gather any further information related to the suspension so they can build a defense and get you back on back on the road — legally.
• Issues related to child support • Driving under the influence (DUI)
• Having been in an accident and not reporting that accident • A mental or physical condition that makes it unsafe for a person to drive How do you address a suspension? The DMV may require you to meet certain terms before they reinstate your license. If the suspension is related to child support, for example, it may be a matter of getting current or back on schedule with the support.
Grilled Chicken Shawarma Andrea’s Kitchen
A spice-filled marinade and time do all the work in this recipe that features Middle Eastern flavors.
Ingredients
Directions
1. To create marinade, whisk all spices with the garlic and olive oil in a medium bowl. 2. Add chicken to the bowl, coat well with marinade, cover, and let sit in the fridge for at least 20 minutes — or up to 48 hours. Strain off excess marinade before cooking. 3. Preheat grill to medium-high heat. Grill thighs for 10–12 minutes on each side, or until a meat thermometer reads 165 F. 4. Serve with rice, vegetables, or pita bread with tzatziki.
• 2 tbsp ground cumin • 2 tbsp ground coriander • 2 tsp kosher salt • 1/4 tsp cayenne pepper • 2 tsp turmeric • 1 tsp ground ginger • 1 tsp ground black pepper • 2 tsp allspice • 8 garlic cloves, minced • 6 tbsp olive oil • 2 lbs boneless, skinless chicken thighs
Adventure Camping
Hiking Juneteenth Park Picnic
Pride Sandals Sunburn Swimming
Father Gemini
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
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INSIDE THIS ISSUE
1 2
Lessons From the Last Year
Why It’s Illegal to Sell Exploding Golf Balls in Massachusetts
6 Things to Remember if You Get Pulled Over
3
What to Do When Your License Is Suspended
Grilled Chicken Shawarma
4
Have You Explored a National Forest?
On National Get Outdoors Day EXPLORE A NATIONAL FOREST FOR FREE 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.
Many people in the U.S. and across the world have a national park trip on their travel bucket list. While Zion, Yellowstone, and the Great Smoky Mountains are all awesome locales, outdoor enthusiasts often overlook a resource that is less busy, less expensive, and usually right in their backyard: national forests. All but 10 states have a national forest (or more than one!), so if your home state doesn’t have one, it’s very likely a neighboring state does! And there’s no better time to hike, bike, forage for mushrooms or berries, or camp at a nearby national forest than this month. The tree-filled landscape will provide shade and help you beat the summer heat, and to further incentivize visitors, the U.S. Forest Service (the organization that oversees the national forests) is offering a fee-free day on Saturday, June 12, in honor of National Get Outdoors Day! While parking and day-use fees to access national forests tend to be relatively modest, fee-free days open up the opportunity to all visitors. The U.S. Forest Service has a great interactive
map tool that prospective park-goers can use to learn more about the forests in their area, amenities and activities, and accessibility. Visit FS.fed.us/ivm to access the map and see what’s near your hometown!
If you’re dreaming up travel plans beyond your state’s border, consider visiting these notable U.S. national forests.
• El Yunque National Forest: Located in Puerto Rico, El Yunque is the only tropical rainforest in the United States. • Tongass National Forest: Spanning 16.7 acres and several islands across Southeast Alaska, the Tongass is the country’s largest national forest. • Salmon-Challis National Forest: This Idaho forest is the largest contiguous wilderness area in the lower 48 and contains the Frank Church-River of No Return Wilderness. •Cibola National Forest and Grassland: Spread across north- central New Mexico, west Texas, and Oklahoma, this forest and grassland area is notable for its diverse ecosystems and wildlife. The Sky Islands portion of the park is also home to over 200 rare plant and animal species.
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