To all our current and prospective clients: In light of the National Emergency, our office will still be operational from either our office or remotely depending on the status of events. Either way, we still answer all of our calls directly 24/7. The best way to get a hold of us would be through our office number (951) 686-4818 or email (kia@kialaw.com). Our day-to-day operations depend on the safety of our staff and the courts being open for business. Feel free to reach out to us to inquire about your case or discuss any new cases with Mr. Feyzjou at the number above. Stay safe and we remain hopeful that this too shall pass with everyone’s health and safety in mind.

I Borrowed My Brother’s Car And Got Arrested For Driving A Stolen Car

It’s not uncommon to borrow another person’s car. We’ve all been there. Whether you don’t own a car at all, or your vehicle is at the mechanic’s getting a tune up, or you’re asked to transport a family member’s car for one reason or another, we have all driven a car that didn’t legally belong to us. Is there any reason for this and could you be arrested for driving a stolen car if you do?

Defining Theft

Theft is a term used broadly to refer to crimes encompassing the taking of a person’s property without their permission to do so. However, the legal meaning of the word may involve more than one category, and varying degrees, of crimes. Theft is usually described as the unauthorized taking of property from another with the intention keeping it from that person permanently. There are two key aspects of this definition:

  • Taking of another person’s possession
  • Intent to permanently deprive the victim of said possession

Degrees of Theft

Although it may seem simple enough, the law actually recognizes many degrees of theft. For instance, a third degree theft could be a misdemeanor, which involves property of little market value. In another instance, a first degree theft might be defined as a felony with stolen property evaluated higher than a limit set by regulations. Also, certain states classify theft as “petty” or “grand”. Some degrees of theft are:

Can you be charged with theft if you had permission to drive the car?

It’s likely this could all be cleared up with a statement from your brother, who loaned you the car, or by presenting documentation you have: a text message, voice mail, hand-written note or verbal statement. An experienced attorney who clearly understands California laws regarding theft can be exactly the person you want on your side to get you out of hot water!

California Car Theft Lawyer

If you have been accused or, investigated for, or charged with automobile theft, petty theft, grand theft, burglary or other theft charge, connect with an attorney to make sure that your legal rights are being aggressively defended. We have extensive experience in having charges dropped, sentences reduced and jail avoided. Contact Kia Law today

I Failed To Make My Mandatory Probation Hearing Due To A Family Illness.

People typically think of probation relating to a person who was released early from prison for good behavior, but is being watched closely. Probation is essentially the postponement of a jail sentence that permits a person convicted of a crime the opportunity to continue living and engaging in the community, rather than going to jail. Probation requires people to abide by particular court-ordered regulations and conditions while being supervised by a probation officer.

Conditions of Probation

Since probation is a time when you otherwise would have been in jail, those in law enforcement see it as a time when you should be closely monitored and putting your best foot forward. Often, probation conditions involve the following:

  • Completing community service
  • Attending appointments with your probation officer
  • Abstaining from using illegal substances or exorbitant amounts of alcohol
  • Staying away from certain persons and locations
  • Showing up in court for specified hearings

The Purpose of Court Hearings

Often, you may be required to appear before a judge for a hearing where the court is simply checking up on you and making sure you are abiding by the conditions of your probation. On the other hand, if you have already violated your probation, you may be required to show up in court to address your wrongdoing. If you are on probation for any reason, it’s important to be in contact with a qualified attorney who understands California law and has experience with probation issues.

Probation Violations

It’s one thing to disregard the stipulations of your probation and outright ignore a mandate to appear in court, but when you miss for a legitimate reason such as a family illness, there can be contingencies that will protect you. At Kia Law Firm, we can resolve your bench warrant, probation violation, failure to appear, failure to pay a fine and failure to comply with other terms of your particular case. Call (855) 662-2723 or Contact Kia Law online today.

Smoking While Snoozing Caused My House To Burn Down.

Many people like to relax at the end of a long day and enjoy one last cigarette before drifting off to sleep. But what happens when you fall asleep without snuffing out the cigarette butt? A hotel guest recently found out in an up-close and personal way. A man staying in a hotel fell asleep while smoking, caught his mattress on fire, and caused a total of $20,000 in damage to the room. Thankfully no one was harmed, but they certainly could have been, and now the man faces legal and financial repercussions.

Smoking Related Fires

The National Fire Protection Association (NFPA) reports the following statistics for smoking related fires:

  • In 2011, an estimated 90,000 smoking-material fires occurred in the U.S.. These flames resulted in 540 civilian deaths, 1,640 civilian injuries and $621 million in property damage.
  • One in four victims who lose their life from smoking-material fires are not the smoker whose cigarette ignited the flames.
  • The majority of fatalities are caused from fires that began in bedrooms (40%), or in living rooms, family rooms or dens (35%).
  • Almost one half (46%) of fatal home smoking-material fire victims were over the age of 65.

What to Do When Your House Burns Down

There is more to consider when you have a house fire besides just damages. When our homes are damages, we typically turn to homeowners insurance to recover damages and make necessary repairs. But what if the insurance company attempts to deny your claim, stating you are responsible for intentionally setting your home on fire in an attempt to collect the money? If you are in this situation, connect with an experienced attorney at your earliest convenience to discuss your options. Some things you will want to consider are:

  • Property damage
  • Cost of repairs
  • Insurance claims
  • Criminal charges
  • Criminal defense

Riverside and Century City, California Arson Lawyer

Kia law serves clients throughout the state of California with any kind of accident related cases and criminal cases. We are on your side and will fight on behalf of your rights. Call (855) 662-2723 today to speak with a qualified and experienced lawyer in California.

Minors started Arson House Fire

Kids Started A Fire In The Neighborhood and It Caught My House On Fire; What Can I Do?

According to the National Fire Protection Association, nearly 50,000 fires occur that are the result of youths playing with fire. Those only account for the incidents reported to U.S. municipal fire departments annually. These fires account for an average of 80 deaths, 860 injuries and $235 million in damaged property on a yearly basis. Young children are just as likely to play with fire and set fires intentionally or unintentionally as older children and teenagers.

Youth Fire Statistics

Some may be surprised at some of the statistics involving children and fire play. For example, statistics from 2007-2011 say:

  • Boys are more likely than girls to play with fire.
  • Younger children typically set fires inside the home.
  • Older children and teenagers usually set fires outside the home.
  • More than half of the incidents where children were playing with fire involved lighters as the source of the flame.
  • 39% of the fires that involved play began in the bedroom [i].

Arson and Intentional Fire Setting

Fire departments in the United States responded to approximately 260,600 fires, which were started on purpose in 2010 alone. As a result of these fires, 390 people lost their lives, 1,340 people were injured and there was $1.2 billion dollars of damaged property [ii].

Types of Arson

In the state of California, there are two kinds of arson that are acknowledged. Arson can be intentional fire setting that is either simple or aggravated. In simple arson, a person has willfully and maliciously set a fire to a forest, plot of land, any type of building, or other kind of property. If that person has set the fire with the intention of causing physical harm to another person, the crime will be seen as aggravated arson.

California Arson Attorney

If someone has intentionally set a fire that caused damage to you or your property, some type of arson has taken place. It can be a complicated situation if a fire was set elsewhere in your neighborhood but eventually reached and damaged your property. The attorneys at Kia Law can help you understand your rights. Call 855.662.2723 or contact us online today.

Accused of Parental Kidnapping

I Picked Up My Child From Daycare and Now My Ex Is Suing Me For Kidnapping

In Columbia, Missouri, a man was charged with burglary and kidnapping. As it turns out, the 7-month-old he took was his daughter. The 31-year-old allegedly knocked on the door of the victim’s home for over an hour, while the woman refused to let him enter.

The man, Kevin Crane, then went to the rear of the home, threw a propane tank through a window and kidnapped their infant daughter. He pleaded guilty to parental kidnapping.

What is Parental Kidnapping?

Kidnapping is defined as using force or fear to take a person and transport them a substantial distance. Either parent has a legal right to custody of his or her child any time, unless there is an official court order or decree, which limits one parent’s rights or access to the child. There are three main elements that help define whether or not parental kidnapping has occurred:

  • The legal status of the parent who took the child
  • Whether or not any court orders exist that deal with custody
  • The intentions of the parent who took the child

Parental Rights

The only way a person can have parental rights of a child is to be the biological parent, or legal guardian. Functional parenting, or living with a child and acting as their parent for an extended period of time, does not afford someone the same rights as a parent. For instance, even if a child regards you as their parent, you cannot pick them up from school or transport them out of state without permission from his or her legal guardian.

Lawful Custody

In some cases, attorneys use the “lawful custody” defense to successfully defeat parental kidnapping charges, but this may not always be effective. Even if you have lawful custody of a child, and take them at a time that was not decreed by a visitation schedule, you could be accused of snatching, rather than kidnapping. This is still a serious charge.

California Kidnapping Attorney

Kidnapping is a serious charge. If you have been charged with parental kidnapping, you need an experienced attorney like Kia Feyzjou to protect your rights. At Kia Law, we are ready to answer your questions and defend you. Call 855.662.2723 or contact us online today.

Choosing a criminal defense attorney to handle my case.

After 15 years of practicing in the field of Riverside Criminal Defense, I have come across thousands of individuals who find themselves caught up in legal matters. Some people, are unfortunately, at the wrong place and at the wrong time. Others, however, are anti-social and commit crime only to attempt to mitigate the consequences later.

When I first became a lawyer, I didn’t know much about criminal defense. Like anything else in life, we become good at what we do the more we do it. Whether you’re gardening, playing poker, dancing, or saving lives in the Emergency Room, experience makes all the difference.

As I self-reflect over 15 years of helping those who have committed crimes, I see one important thing that should resonate with the client in deciding how to choose the right criminal defense attorney. I call this the doctor/lawyer analogy. Let’s say you hurt your shoulder. You go to your primary care physician who most likely is a general practitioner. Of course, all doctors have taken classes in basic anatomy and many doctors can diagnose a sprain/strain etc. easily. However, let’s assume that you don’t have a basic injury, but something more serious that can’t be seen easily. At that point, you would go to a specialist.

The legal field is no different. If you need help with a criminal matter, go get a consultation from a Board Certified Criminal Law Specialist. There aren’t that many of us around. It wasn’t easy becoming Board Certified. We have specialized experience in handling criminal matters and The State Bar of California acknowledges our expertise. Call (951) 686-4818 for a free consultation.

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