17 September

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Smoking While Snoozing Caused My House To Burn Down.

Posted by kialaw

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.

17 September

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Minors started Arson House Fire

Posted by kialaw

in Arson, FAQs

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.

17 September

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Accused of Parental Kidnapping

Posted by kialaw

in FAQs, 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.

17 September

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Choosing a criminal defense attorney to handle my case.

Posted by kialaw

in Criminal Defense, FAQs

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.

17 September

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How to defend against a temporary restraining order in Court?

Posted by kialaw

in FAQs, Restraining Orders

Relationships are tough. One day you’re the happiest person on earth, then, suddenly, the relationship goes south and you find yourself staring at a Temporary Restraining Order that was served on you by a sheriff on behalf of your spouse, partner, friend, lover, or whoever. What should you do? First of all, don’t try to defend against it yourself.

You’ve been served with very important documents that need a typewritten response. I have seen false allegations of abuse for a variety of reasons, including child custody, retaliation, and other reasons. As they say, only a fool represents himself. Contact Kia Law Firm for a free consultation.

Routinely, we hear judges saying, “If it isn’t true, why did they file the case against you?”. With a good lawyer, we can use our investigators to determine what motive caused the false allegations. If you lose the hearing, you could lose custody of children, lose your job and be forced to lose your firearms, etc. Call 951-686-4818 for a free consultation.

17 September

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My wife doesn’t want to press domestic violence charges in Riverside

Posted by kialaw

in Domestic Violence, FAQs

It doesn’t matter if your wife wants to press charges or not when it comes to Domestic Violence cases in Riverside. That choice resides with the District Attorney who will make their decision based upon the information contained in the police reports from the scene of the incident. Obviously, those reports are not going to look good for anyone who has been accused of Domestic Violence. Unfortunately, the District Attorney will not talk to you or your wife. This is why it’s important to contact my office immediately.

As an officer of the court and, as an experienced criminal defense attorney, I have access to the District Attorney’s Office and am able to provide additional information, evidence and background that can have a bearing on the charges that are actually filed in your case. My first goal is to get charges reduced or dismissed altogether. Once the DA decides what charges (if any) are going to be filed, my next step is to prepare an aggressive defense and do everything possible to reduce not only the charges on your record, but the consequences associated with your case as well such as fines, fees, costs, programs, lawsuits, classes, anger management classes, or jail time. There is a lot I can do to help you. Call for a free consultation at (951) 686-4818.