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…)
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:
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…)
Dealing with an unexpected illness or sudden death and not knowing how your financial affairs will be handled can be disconcerting for the entire family. AWalnut Creek estate planning attorney can explain your legal options. Providing the estate attorney with information regarding your family history, assets and financial goals will enable him to create an estate plan that ensures your wishes are carried out.(more…)
An attorney in fact is a special kind of agent nominated in a durable power of attorney to act on behalf of another person if they cannot act for themselves. Walnut Creek estate planning attorneys will advise that it is important to be prudent in selecting an attorney in fact.(more…)
Many people prepared estate plans long ago. Since laws have changed and life circumstances may have changed, a new situation requires a second look. Now is a good time to review these issues if you have not reviewed your estate plan recently or if you have not prepared an estate plan. When a person passes away without a will their relatives do not know what their wishes are so the State of California writes a will for each person who dies without a will.(more…)
Overview of the Attorney EvaluationAfter 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 CaseAnother 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 CounselIf 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.
A SplitYour Walnut Creek DUI attorney can explain that the split is the portion of your blood or urine sample.
TestingYour 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 ListThe 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 InformationIn 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 AttorneyIf you would like to discuss your case with a DUI lawyer, contact David B. Pastor at 925-932-3346.
Do 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
- 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.
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 CaseIf 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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Law Offices of David B. Pastor
1280 Boulevard Way, Suite 212
Walnut Creek, CA 94596
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