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    Author Archive | davidbpastor

    About davidbpastor

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    Here are my most recent posts

    What to Look for in a Conservatorship Attorney – Conservatorship Attorney Walnut Creek

    David Pastor is your conservatorship attorney in Walnut Creek, CA. He understands the law behind conservatorship and can make a difficult situation much easier on you and your family. Conservatorship is a court case where a judge appoints a responsible person or organization known as the conservator to care for another adult (conservatee) who cannot care for himself or herself any longer. This includes managing their finances. (more…)

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    What Estate Planning Documents Should Every Person Have?

    Estate Planning and its benefits during California estate probate is not only for wealthy people. In Walnut Creek and Contra Costa County, California the four estate planning documents everyone needs in their estate plan to save time, money and hard feelings among family regarding your estate particularly during estate probate are:

    Will

    You may think you do not need a will, however, a will is the foundation of prudent estate planning. Having our Walnut Creek offices prepare a will is the best way to be sure that your wishes are fulfilled during your California estate probate. This will avoid your family going to court for the Judge to decide the estate probate procedures of your estate. This is especially important where there are minor children who need legal guardians assigned and is helpful where there are many adult children who are heirs of your estate. (more…)

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    My relative died, what do I need to do?

    When a relative passes away there is a process to transfer what they had to others.  If they had a Trust it is called Trust Administration.  If they had a Will or did not have a Will it is called Probate.  These processes are complex and it is helpful to consult with an attorney who is experienced doing this.  With a Trust it is common to not go to court.  When a Probate is necessary if the value of the estate is over $150,000 or there is real property valued over $50,000 it is necessary to have the court oversee the process.  Even if you decide to do the estate administration yourself it is good to review the steps with an attorney to get started.  Feel free to call Walnut Creek Probate and Estate attorney David Pastor for a free consultation.
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    Walnut Creek DUI lawyer

    Evaluation of a DUI Case

    Walnut Creek DUI lawyerAfter you retain a Walnut Creek DUI lawyer to handle your case, he or she will begin to evaluate your case. Here are a few things that he or she will consider.

    Overview of the Attorney Evaluation

    After you have your first interview with your Walnut Creek DUI lawyer, he or she will assess your case for whether a plea agreement is a viable option, or if you should proceed to trial. Additionally, your Walnut Creek DUI attorney will look at the strengths and weaknesses of your case, including the testimony that witnesses or experts may provide, defenses that you may be able to raise, and potential penalties that you are facing. Additionally, your attorney will also consider if there are any relevant statutes or case laws that may work in your favor or against it.

    State's Case

    Another important aspect of the evaluation that your Walnut Creek DUI lawyer will conduct is an assessment of the state's case. For example, your attorney may examine the state's evidence, which may include the results of field sobriety tests, witnesses for the state, and reports by police officers. Your attorney may also consider the beginning of the incident including whether or not police had a reasonable suspicion to stop you. Your demeanor after the stop may also be evaluated. For example, your attorney may examine whether your cooperation and compliance with officer instructions seems to be in conflict with BAC results. Your attorney can explain that the state must be able to show each element of the crime beyond a reasonable doubt.

    Getting Legal Counsel

    If you would like to learn more about how your attorney will likely evaluate your DUI case, contact David B. Pastor at (925) 932-3346. You can set up a confidential consultation to discuss the specific facts and circumstances of your case.
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    Walnut Creek DUI attorney

    Cases Involving Blood or Urine

    Walnut Creek DUI attorneyIf your case involved evidence obtained by blood or urine samples, your Walnut Creek DUI attorney may explain the type of evidence that may play a part in your case. Here are some items that your Walnut Creek DUI lawyer may mention.  

    A Split

    Your Walnut Creek DUI attorney can explain that the split is the portion of your blood or urine sample.  

    Testing

    Your Walnut Creek DUI attorney may wish to inquire about the methodology used to analyze the specimen including reviewing any written instructions. Additionally, he or she may inquire into any tests that were conducted to help determine if there were other compounds that may have been mistaken as ethanol. The data regarding proficiency tests by independent organizations of the laboratory and analyst may also be assessed.  

    Run List

    The run list instructs your attorney about the samples and controls that were tested and in the order that they were tested. One run may consist of an analysis of 40 samples. Additionally, your attorney may try to find out what the results of the controls were in the run.  

    Sample Information

    In addition to learning about the result of your sample, your attorney will also want to review the chain of custody of your sample to determine if there are any disparities. He or she may want to follow up by acquiring the vial that your sample was taken in for separate analysis.  

    Talk to a Walnut Creek DUI Attorney

    If you would like to discuss your case with a DUI lawyer, contact David B. Pastor at 925-932-3346.
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    Walnut Creek estate planning lawyer

    Do Not Resuscitate Orders

    Walnut Creek estate planning lawyerDo not resuscitate orders, or DNRs, are often part of living wills, but can also be used separately. The purpose of the DNR is to ensure that a patient does not receive extraordinary treatment to save his life beyond that which he would want should he become incapacitated and unable to articulate with sound mind his wishes. A Walnut Creek estate planning lawyer can help you write a legally sound DNR.

    A Walnut Creek Estate Planning Lawyer Explains How a DNR Is Executed

    When you sit down to write a do-not-resuscitate order, it must be in accordance with California law. Your Walnut Creek estate planning attorney can help you obtain the correct form. The DNR contains a physician statement which indicates that the doctor directs that certain specific treatments be withheld. Among the most common of these resuscitations that are named are:

    • Cardiac compression
    • Defibrillation
    • Artificial Ventilation
    • Endotracheal Intubation

    As mentioned, the DNR can be a part of the living will. However, a DNR can be executed after a patient becomes incapacitated. This is not true of living wills.

    When the DNR is executed, it must be signed by a responsible party. This is usually the court-appointed guardian or healthcare surrogate, but it can also be the physician or the patient himself if he is not incapacitated. It should be noted that if a paramedic team is called, they will administer resuscitation unless the DNR is presented to them as evidence of the patient’s final wishes.

    We Can Help You Create a DNR

    If you would like to write a do-not-resuscitate order or need assistance with any other estate matter, a Walnut Creek estate planning lawyer can help. Keep in mind that estate planning is very important, and it must be done properly in order for beneficiaries to avoid probate costs and hold-ups later. Call David B. Pastor today to arrange a consultation at 925-932-3346.

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    Walnut-Creek-criminal-lawyer

    Pre-trial Diversion

    Walnut Creek criminal lawyerDepending on the jurisdiction and the nature of the charges, the prosecutor might offer you a pre-trial diversion program. If you agree to the program, you most likely will have submit to several conditions including paying restitution or participating in an alcohol or drug program. Upon successful completion of the diversion program, your record will be expunged and the charge will be dismissed. A Walnut Creek criminal lawyer can assist you with this process. The purpose of pre-trial diversion is to give individuals who are charged with a first-time, non-violent offense a chance to avoid a criminal record. Prosecutors and judges like diversion programs because they free up the court for more serious cases and defendants like them because the charges might be dismissed.

    Should You Fight to Save Yourself From a More Serious Charge?

    As a Walnut Creek criminal lawyer will explain, a pre-trial diversion can be a good way to preserve your record. However, you can only qualify for diversion one time. It may be worth considering the possibility of future charges. For instance, a person who may be at risk for future charges, such as a frequent political protester or an individual with a drug or alcohol dependency, may decide to fight the current case in order to save the diversion for a future, more serious charge.

    Should You Accept a Pre-Trial Diversion or Plea Bargain?

    A Walnut Creek criminal lawyer can review the circumstances in the case along with the charges and help you decide whether a pre-trial diversion is appropriate. In addition, a lawyer may negotiate with the prosecutor to create a diversion program that works for you. A Walnut Creek criminal attorney can offer legal advice and provide representation for you; however, it is up to you whether or not to accept an offer of a pre-trial diversion program or a plea bargain.

    Find a Walnut Creek Criminal Lawyer for Your Case

    If you are facing criminal charges and want to discuss your case with a lawyer, please call the office of David B. Pastor at 925-932-3346.
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    Understanding the Importance of Bail after Being Arrested

    Walnut Creek criminal attorneyWalnut Creek criminal attorney will explain the importance of bail to a client and provide assistance with getting it.

    A Walnut Creek Criminal Lawyer Will Explain Why It Is Important to Receive Bail

    From the outset of your case, the first thing your attorney will try to do is to get you released from custody. This is important for numerous reasons including being readily available to the lawyer to discuss the case. While in jail, there is little leverage to negotiate for a plea bargain. This is especially true if the offer that has been made is close to the time you've served while incarcerated.

    Why Being Released on Bail Benefits a Defense

    The following issues come up when a defendant has not been released on bail:

    1) The lawyer will have to travel back and forth to the jail and wait for the client to be brought in for a conference.

    2) There is a distinct absence of privacy at most jails.

    3) It can be difficult to go through all the evidence at a jail with audio, video and other forms of evidence.

    4) You might have to wait for your turn or for designated times to use the phone to talk to your lawyer.

    5) An informant might overhear what you say and use it to benefit his situation.

    Contact an Experienced Walnut Creek Criminal Attorney

    If you have questions about why bail is important, call David B. Pastor at 925-932-3346 today.

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    US Supreme Court requires a warrant for blood test on DUI cases.

    The United States Supreme Court has held in a recent case that police officers must obtain a warrant before they can draw blood from a person suspected of Driving Under the Influence.  They held that the intrusion is so great that to force a blood draw without a warrant is a violation of a person's constitutional rights.   The Supreme Court did not agree with the argument that unless the officer acts promptly the alcohol would be absorbed leaving no proof of Driving Under the Influence.  The Justices stated that with advanced communications today an officer is able to contact a judge in a timely way. Anyone confronted with this situation might say I consented so does that take away this requirement.  The answer depends on the facts.  If the person was under arrest or subject to undue influence by the officer, consenting can be considered forced.  It is always a good idea to talk with an experienced attorney to know your rights.  A person arrested for DUI will have their driver's license suspended for four months if they do not call DMV and request a hearing within 10 days of the arrest.
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