Law Office of Mark Rosenfeld - November/December 2019

MARKROSENFELD LAWOFFICEOF

NOV/DEC 2019

310-424-3145 | MRDUILA.COM

WHAT TO EXPECT WHEN YOU SPEAK WITH A DUI ATTORNEY FOR THE FIRST TIME WHEN YOU MAKE THE CALL

I get a lot of calls from people who have never sought an attorney before. They often call me with concerns about what’s next. They want to know if they’re going to have to go back to jail, if they’re going to lose their driver’s license, or if they’re going to have to pay a bunch of money to get their situation resolved. I make sure to answer every question as best I can. Some attorneys get in the habit of scaring potential clients who call in with questions. These attorneys jump to the worst-case scenario and tell potential clients, “You need to hire me to avoid this.” This misrepresentation is unethical. A responsible attorney would never use fear tactics to get your business. For one, there is no way to know exactly what’s going to happen. All I can do is listen to what a prospective client is going through and give them my honest feedback. In other words, I keep my legal insight realistic. represent you, answer your questions, and be there for you means you can sleep better at night.” “In my experience, having an attorney to

Attorneys also have a bad reputation for not returning phone calls and being difficult to reach, and I’ve worked hard to break this stereotype. I’m a big believer in jumping

I know this because it’s what my clients tell me. They’re surprised how much stress is lifted off their shoulders after I start working on their case. They go to bed feeling more relaxed, because they just wanted to know they’re being taken care of. Now, working with an attorney doesn’t mean the case will take care of itself; it just means you will have a burden lifted from your shoulders. It’s one less thing to worry about. After an arrest, clients are often concerned they will lose their job or won’t be able to see their families. Thankfully, that is very rarely the case. I see most of my clients go right back to work and stay with their families without skipping a beat. Again, every case is different. If you are arrested or charged with a DUI, it can be easy to jump to conclusions about what’s next. Much of what people believe about the legal system comes from TV and movies, but so much of that is made-up drama — drama you won’t find here.

on the phone to talk to a client. If it means I make a lot of phone calls that day, so be it.

I also strive to keep my clients informed every step of the way. Whether we’re talking over the phone or meeting in the office, I want to make sure they have a complete picture of what’s going on. If not, I can set better expectations going forward. After handling thousands of cases, you get a pretty good idea of what a client can expect, whether theirs is a criminal case or a DUI case. Generally, there’s a lot of flexibility in what someone can expect. Of course, every case is different. On the first call, I make sure to stress to the caller that they are not alone. Many times when someone calls me after an arrest or charge, they genuinely feel isolated in the world. They have no idea who to talk to or what to do. Here’s the truth: Help is available. In my experience, having an attorney to represent you, answer your questions, and be there for you means you can sleep better at night. Then you can focus on the things that really matter, like your family, your job, and everything in between.

–Mark Rosenfeld, Esq.

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NOT YOUR ORDINARY TURKEY SHOOT

THE CRAZY CASE OF JACOBS V. KENT

It began like any other hunting excursion. Neil Jacobs was walking softly through the bushes, looking for a spot to hunker down and watch for a flock of turkeys. The only problem was that someone beat him to that neck of the woods. James Kent had established a hunting spot for himself, and, when he heard rustling and gobbling in some nearby bushes and saw a flash of red, he took aim and fired. Unfortunately, the movement in the bushes was not a turkey. Kent was horrified to find that he had shot Jacobs. Jacobs promptly moved for a partial summary judgment against Kent on the basis that he had failed to determine that Jacobs was not a turkey but, in fact, a human being. Kent cross-moved for summary judgment, saying Jacobs should have expected risks when he stepped into a popular hunting environment. When their case came before the Supreme Court of the 4th District of New York, the courts denied both the motion and the cross-motion. They agreed that Jacobs had assumed the inherent risks of hunting — just not the risks it would be unreasonable to assume, like getting

shot by another hunter who thought you were a turkey. Beyond that, the courts did not pronounce judgment because they did not have enough verifiable facts. Jacobs asserted that turkey hunters should not shoot unless they can see the turkey and verify its gender. The court could not determine whether Kent had failed to follow this rule when he shot Jacobs. They also could not determine whether the doctrine of primary assumption of risk, which Kent pointed to in his defense, was even applicable. The court also called into question whether Jacobs had also been negligent. Ultimately, the case didn’t move forward.

Maybe next time, they should just try getting a turkey from the supermarket.

ALL EYES ON YOU

Why You Need to Curate Your Social Media Accounts

We all know social media is a great way to keep in touch with friends and family. Whether we use Facebook, Instagram, Snapchat, Twitter, TikTok, or all of the above, many of us post updates and pictures keeping everyone in our social circle in the loop.

Another thing to consider is removing old posts and photos. Go back through your social media history and take down content that may hurt your reputation. You never know who will see what. Even an embarrassing picture from 10 years ago can have repercussions today. Let’s say on May 15, 2009, you posted a selfie during a night on the town after you had a few drinks. In the picture, you’re sitting in the driver’s seat of a car. You weren’t actually driving — just sitting there. A potential employer, for example, might consider what this picture says about your character, or an insurance adjuster might see it following a fender bender and lower your claim amount. There are a lot of factors at play. This sort of content is certainly something that has caught up to celebrities! While it’s hard to remove a post entirely, thanks to internet archives like Archive.org, deleting them does make it much harder for people to snoop. Navigating social media and curating your profiles can be a lot of work, but it’s worth it. Your online reputation can reflect your real- world reputation. The great thing about social media is the fact that you have control. Only show the public what you want them to see, or set your profiles to private and only share your content with those you trust most.

That said, it’s always important to keep in mind that much of what you share on social media is readily available to the public. Depending on your personal settings, anyone searching for your name on Google may be able to find your Facebook, Twitter, or Instagram profile in a matter of minutes. This includes potential employers, insurance companies (and their attorneys), law enforcement, and more. When managing your online reputation, a good rule of thumb is to sleep on it. For example, when you’re getting ready to post an update or a picture, create a draft, but don’t post it immediately. Sit on it for a while — maybe for an hour or even overnight. When you give yourself time between drafting a post and submitting it, you can better determine if it is something really worth posting.

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The Holiday Season & Drowsy Driving

A Dangerous Combination

With Thanksgiving and the rest of the holiday season coming up fast, many people are looking forward to the spread of food this season brings. From the turkey and potatoes to the fanciful desserts, consuming all this food tends to bring about one thing: nap time. Food aside, the holidays are already a tiring time. Many people are running around completing extra errands or traveling to visit family. There isn’t always time for yourself — including time to catch up on sleep. Americans already struggle with not getting enough sleep, but getting behind the wheel while tired can be incredibly dangerous. In fact, the National Sleep Foundation has researched this topic extensively. It reports that drowsy driving can be as dangerous as driving while under the influence of alcohol. The National Sleep Foundation’s research found that after being awake for 18 hours, drivers can

start to exhibit similar responses to having a blood-alcohol level of 0.05%. After being awake for 24 hours straight, that jumps up to the equivalent of a BAC of 0.1%. This is especially alarming when you consider that having a BAC of 0.08% is considered drunk in many jurisdictions. It just goes to show the importance or sleep, which plays a huge role in our physical and mental health. The problem is many people try to ignore their drowsiness and power through, or they fight it with stimulants like energy drinks or coffee. But these tactics do nothing to reduce the risk for you or other drivers. There’s really only one solution: Get proper sleep. The National Sleep Foundation recommends pulling to the side of the road or into a parking lot to take at least a 20-minute nap, switching drivers, or better yet, not driving at all.

If you experience any of the following, you may be too tired to drive:

• • • • • • •

Trouble staying focused on the road

Eyelids feeling heavy

Head bobbing

Drifting in and out of your lane

Missing an exit or making a wrong turn Rolling through a stop sign unintentionally

Constant yawning

Again, the best way to avoid drowsy driving is to get the sleep you need. Avoid driving if you’ve been up for more than 18 hours or if you have an untreated/undiagnosed sleeping disorder (if you feel you are not getting enough sleep day after day, consult a doctor). It’s all about getting home safe and sound.

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Andrea’s Kitchen

GreenBeansWith Ginger andGarlic

Turkey is, for the most part, a healthy and lean protein. Thanksgiving sides, on the other hand, tend to be a little more indulgent. This year, eschew

the classic, creamy green bean casserole in favor of this lighter, healthier, and altogether tastier option.

Inspired by Food & Wine Magazine

Ingredients

• 2 lbs whole green beans, ends trimmed • 6 tbsp extra-virgin olive oil • 2 garlic cloves, thinly sliced

• 1/2 tsp ground ginger • 1 tsp crushed red pepper • Kosher salt, to taste

Autumn Candy Carve Costume

Scarecrow Halloween October Orange

Pumpkin Football Harvest Leaves

Instructions

1. Bring a large pot of salted water to a boil. To the side of the stove, prepare a large bucket of ice water. 2. Cook beans in boiling water for 4 minutes. Immediately transfer to ice water. Drain and pat dry. 3. In a large skillet, heat oil over medium-high heat. Add garlic and cook until fragrant, 30 seconds. Stir in ground ginger and crushed pepper. Add green beans. 4. Cook together for 2–3 minutes. 5. Transfer to plate and serve.

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

Making That First Call

Not Your Ordinary Turkey Shoot Why You Need to Manage Your Social Media Accounts

3

Turkey Dinner and Drowsy Driving Green Beans With Ginger and Garlic

4

Stay in a Real Castle

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).

inner ramparts of the fortress. With medieval tapestries and gorgeous woodwork in the hotel’s interior, you’ll feel like you’re living among French royalty. Of course, if you’d prefer lodging with the commoners, plenty of quaint bed-and-breakfasts exist just across the Aude river. With rustic cafes, fresh crepes, and bustling crowds making their way down the twisting cobblestone streets, the surface-level experience of Carcassonne would be enticing to anyone wanting to explore the French countryside. But for those who want to delve into the history of this storied castle, grand narratives await you. Just walking the walls of Carcassonne paints a picture of the past. While the outer fortifications were built by Louis IX and Phillip III, a section of the inner wall is far older. The red brick used in this part of the construction dates back to before the existence of France itself. Roman troops first fortified the hillside town around 100 BCE, giving every stone of this site a story to tell. THE REAL MAGIC KINGDOM CARCASSONNE

Every year, tourists flock to

Disney’s “Magic

Kingdom” and marvel at Cinderella’s

iconic castle. As fun as it is to see this Orange County based attraction, it would be even more magical to step back in time and visit a real medieval citadel. What if you could walk the same ramparts as Roman legionnaires and climb the same towers as French kings? If this idea gives you goosebumps, pack your bags for Carcassonne, France. A four-hour train ride from Paris, towering above the rolling vineyards of southern France, you’ll find one of the most intact, accessible castles in Europe. With sweeping, concentric walls and 53 elegant towers, the Cité de Carcassonne is a breathtaking sight. Once an impenetrable border fortress between the kingdoms of France and Aragon, the gates now stand open to anyone curious enough to walk its cobblestone streets.

In fact, you can stay in the ancient city yourself. The five-star Hotel de la Cité Carcassonne occupies a former bishop’s palace and overlooks the

If you’ve ever dreamed of experiencing medieval life for yourself, your adventure awaits in Carcassonne.

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