Law Office Of Patrick Silva August Edition



MEAGAN SILVA Living Trusts and Injury Cases


August 2017


When I started mountain biking in 2013, I was barely able to conquer even a simple 5-mile course. In my first race, I fell off my bike right at the end and almost died. Three or four months later, I was trudging through 30-, 40-, and 50-mile races, eventually making it through a 100-mile race by the end of the year.

of us who do these ludicrous races can go and go and go with little issue.

However, I’m less sure of what happens after that first half. After night falls and you hit 1 a.m., you can be sure that the monsters of fatigue and sleep are going to constantly remind you that you’ve been up for 18-plus hours and that it’s time for bed. But, like always, you have to keep going. Theoretically, the race could easily become more than a 200- mile trek for me. But every time we come back through the loop and finish a lap, there’s going to be that little campsite, calling to us, “Come sit down and take a break! It’s no big deal. You could get back out there. Just close your eyes for a little bit!” Later, that campsite will get even trickier, saying “You’ve done enough! Why go further? Look at all you’ve accomplished already!” The question is whether or not you can get past the doubt or the screaming instincts in your brain that implore you to get off the bike and quit. Every physical and mental challenge I’ve pushed through in my life has made me a better person, and ultimately, a better lawyer. When I’m in court and the judge is kicking my teeth in and the D.A. is throwing his own punches, I have to dig a little deeper into myself and find the will to fight just a little longer than they do. If there’s one thing I’ve learned from those hundreds of hours on the trails, it’s that you have to outlast the competition to succeed. Maybe that’s why I’m doing these crazy races, wearing my mind and body down to the barest wire. All I know is that I’ve got a race to train for.

As anyone who’s been following my newsletter can tell, mountain biking has become one of my truest passions over the last few years, as I’ve pushed myself through previously unthinkable feats of endurance and focus.

To be honest, it’s hard to explain — even to myself — what I’m chasing with these physical challenges. Is it really a physical test? Or is it more of a mental stress test? When will I reach the point where I finally have to give up and pack it in? Does that point even exist in the first place? With each literal mountain that I come up against on my bike, I get to know myself a little better. Believe me, in those races, everybody touches the boundaries of their personal mental walls. You question yourself: “Should I keep going? Is this too much? How much further?” On October 14, my willpower will be put to the ultimate test as I participate in a 24-hour mountain bike race called the 24 Hours of Halloween Race with Team Big Bear. We’ll start at 9 a.m. on Saturday and ride for a day and a night straight. The course is about 15 miles long, meaning we’ll loop endlessly until the 24 hours are up.

-Patrick Silva

I know from personal experience that the first 12 hours will be more than doable. It might sound crazy to outsiders, but those



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But here’s what we didn’t know: People who watch negative news feel worse about pre-existing worries than people who watch happy or neutral events. That means people watching the news don’t just feel anxious about the world, they feel more anxious about their own lives. British psychologist Dr. Graham Davey, who specializes in the effects of media violence, says negative news can affect how you interact with the world around you. As you consume threatening news, you’re more likely to spot threats in your day-to-day activities that aren’t there, which leads to anxiety. Another recent study found that the journalists themselves who are constantly exposed to graphic images score higher on PTSD, depression, and alcohol consumption than the average American. WHY IS THE NEWS SO NEGATIVE? As news media revenue goes down and people become desensitized, news

organizations feel the pressure to show emotionally relevant material such as crime and accidents. At a basic level, for something to be “newsworthy” — negative or not — it needs to be the exception to the rule, not the norm. That means watching the news might give you an inaccurate view of what daily life is like in the world. HOW TO FIGHT THE NEGATIVITY It’s important to understand important issues of the day. But when the news becomes too much, psychologists encourage you to take a break with some good news — or no news at all. Your TV might have you think the only three events in the world are war, crime, and sports. But advances in medicine and technology happen all the time! Seek out those stories or take a break from news altogether. That’s when no news can become good news.

It’s nearly impossible to log on to social media or turn on the TV without seeing something distressing. It could be a local crime story, a terrorist attack, or — at the very least — reactions to one of the most polarizing presidents in American history. Just reading it now might even be bothersome, so we’ll move on. Rather than dwelling on what is troubling, let’s focus on the how and its result on our mental health — and how to beat it. THE PSYCHOLOGY OF BAD NEWS A study by Psychology Today found what we already knew: People feel sadder after watching negative news than positive news. Got it.


Hass E. was charged with a second-time DUI while he was still on probation for his first. The DA alleged that he had a 0.28 percent blood-alcohol content during an accident at over 100 mph and charged him with a VOP. Before trial, the DA wanted Mr. E to do 120 days of county jail, do 90 days of a SCRAM bracelet, and pay a $2,000 fine. TRIAL: We started trial, and after we excluded some evidence through the motion in limine process, the DA re- evaluated their case. RESULT: DUI dismissed. Mr. E pled guilty to a wet and reckless charge. NO jail time, NO scram, NO VOP, and an $800 fine. This only could have happened as a result of the hard work from his San Bernardino DUI lawyer. FRANK N. was charged with a marijuana DUI. We prepared the case for trial, did our homework, and filed a discovery request, and on the day of motions, the DUI charge was dismissed! Frank pled guilty to a simple marijuana possession charge as an infraction.

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If you pass away, what will happen to your family? Do you have an estate plan in place? Or, like many, have you been putting it off? An estate plan goes beyond deciding which money goes where when you die; it’s a system you put in place to ensure the well-being of your loved ones in your absence. If you die without a will, your relatives will be forced to go through probate court to claim ownership of your assets, often leading to nasty fights. Not only that, but if the state determines none of your heirs fit their succession formula, your assets may even become the property of the state. In addition, a will allows you to recommend a guardian to care for your children or dependent beneficiaries, which will be a vital consideration in the court-led guardianship decision- making process.

To secure the future of your family, it’s best to be prepared, regardless of your circumstance. To get started on your estate plan, first organize your financial information. Make a list of all your assets and liabilities, and find any actual deeds or statements to your property that may be important. Then, check and update your beneficiaries for any IRAs, life insurance, or other retirement or insurance plans. Talk with your family, determine how your assets will be distributed in the event of your death, and discuss funeral arrangements. Finally, you should seek the help of a certified estate-planning attorney to finalize your estate plan. An experienced attorney has a wealth of technical expertise in drafting documents correctly, and he or she will work to help you build a plan that works for you and your family. Even the smallest mistake during the estate planning process can have wide-reaching implications for your family after you’re gone.

Latin Legal Word of the Day

Street Corn GRILLED MEXICAN Make the most of these remaining summer weeks and take dinner outside to the grill! You don’t need to visit the fair for this delicious, classic street food.

LATIN PHRASE ad quod damnum



• 1 medium clove garlic, minced • ¼ cup finely chopped cilantro leaves

• ¼ cup mayonnaise • ¼ cup sour cream • ½ cup finely crumbled feta cheese • ½ teaspoon chili powder

according to the harm

DEFINITION AND USE Used in tort law. Implies that the reward or penalty ought to correspond to the damage suffered or inflicted.

• 4 ears corn, shucked • 1 lime, cut into wedges


charred in spots on all sides (about 8 minutes). 4. Transfer corn to bowl with cheese mixture and use large spoon to evenly coat each ear on all sides. Sprinkle with extra cheese and chili powder and serve immediately with lime wedges.

1. Set burners of gas grill to high heat and allow to preheat for 5 minutes. 2. Combine mayonnaise, sour

Thanks for the Referral!

cream, cheese, chili powder, garlic, and cilantro in large bowl. Stir until well combined and set aside.


3. Place corn on hot grill,

rotating occasionally. Grill until cooked through and

Recipe inspired by





788 N Arrowhead Ave San Bernardino, CA 92401

Phone: 909-888-7992

The Will to Outlast the Competition 1 2 2 3 3 3 4 INSIDE THIS ISSUE Fighting Negativity Success Stories You Need an Estate Plan Latin Legal Word of the Day Grilled Mexican Street Corn An Eclipse From Coast to Coast


On August 21, 2017, the greatest show of the summer will take place in the United States: a total solar eclipse! This eclipse will be visible across North America, but the path of totality — the area where the moon completely covers the sun — will only fall in the continental U.S., leading this cosmic event to be called the Great American Eclipse.

Sandhills, North Platte, Nebraska In the heartlands, you’ll be hard-pressed to find a more perfect viewing location than the Sandhills of western Nebraska. With wide- open skies, low rolling hills, and no towering buildings to get in the way, the Sandhills are sure to be a popular viewing spot. The Museum of Idaho, Idaho Falls, Idaho The Museum of Idaho has been designated an Official NASA Observation Site, and the museum is hosting four days of awesome events to celebrate. Enjoy live presentations, technology demonstrations, and special exhibits as you prepare to watch the total eclipse with NASA scientists. Visit the official website of the Great American Eclipse at for everything you need to know about this once-in-a-lifetime sight!

If you’re already in the United States, a day’s road trip is all you need to grab a front-row seat for this rare astronomical occurrence.

Columbia, South Carolina Need a place to watch the eclipse in the southern U.S.? Then get yourself to South Carolina, where the state capital of Columbia is almost right in the middle of the path of totality. Plenty of hotels make Columbia a great viewing location for those who don’t want to camp out, and the vibrant city life means you’ll have a lot to do even when the eclipse is over.

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