Frequently Asked Questions

1. We will speak with the clerk in Room 105-J to match your case with your date of birth and make certain that you are given a courtroom to appear on the clear warrant calendar the very next day or as soon as possible before a CHP officer comes to arrest you at your home or place of work.
2. We obtain a copy of the paperwork and slip which contains all the information for the very next day’s appearance so that there is proof.
3. We prepare each defendant for what the bailiff might do, and for any argument that the district attorney may pose in order to remand the defendant into custody.
4. We will advise you on how to dress, what to say, and how to present yourself should the judge ask you direct questions as to why you were not present for court and/or didn’t sign up for a particular program, or pay a fine or perform any other term or condition of your sentence or probation. Being thorough and prepared is key.
5. We will also work with your medical providers and/or employer to develop a good relationship with the district attorney, or the judge, to keep you out of custody until your case is actually resolved or tried. A letter from your doctor about illness or disability, or letters and references from employers, will be helpful for counsel to show the court. These can help demonstrate that you are worthy of the warrant being cleared and staying out of jail until your case is either dismissed, settled or tried.

Yes. Please be aware that if you do go downstairs to Room 105-J (Sonoma County Courthouse) to clear your warrant at the window, the clerk on duty may not allow you to clear the warrant if it states on the Court Minute Sheet or somewhere on the record that they are not to re-calendar.
The clerk can reject your ability to clear the warrant because of your untimeliness. If you present yourself after 8:30 a.m., they will deny your request and may not tell the reason.
If you have a no bail situation or have any other failures to appear on your record, you may be rejected and have to hire an attorney.

• The amount of bail – money or other security deposited with the court to insure that you will appear – is set by a schedule in each county. For some traffic citations, you may be notified that you can forfeit or give up bail instead of appearing in court. However, if you have any doubt, go to court so a new warrant is not issued for your arrest for failing to appear.
• Bail forfeiture does not apply to misdemeanors or felonies, and you must appear in court. If you fail to appear, your bail will be lost and a new warrant will be issued for your arrest. For traffic citations, a "bail forfeiture" works as a conviction for the traffic violation.
• Officers at the jail may be able to accept bail. If you cannot post or put up the bail, you will be kept in custody. Depending on where you are arrested, you may have the opportunity to request a bail reduction through a bail commissioner.
• When you are taken to court for bail setting or release, the judge will consider the seriousness of the offense with which you are charged, any prior failures to appear (even for traffic tickets), any previous criminal record, your connections to the community,and the probability that you’ll appear in court. Generally, the amount of bail is set according to a written schedule based on your charges.
• Instead of paying bail, you might be released on your own recognizance or "O.R." (or "supervised O.R."). This means that you do not have to pay bail because the judge believes that you will show up for your court appearances without it.

• You have a right to be arraigned without unnecessary delay – usually within two court days – after being arrested. At the arraignment, you will appear before a judge who will tell you officially of the charges against you. An attorney may be appointed for you if you can’t afford one, and the bail can be raised or lowered depending on the circumstances of the case. You also can ask to be released on O.R., even if bail was previously set.
• If you are charged with a misdemeanor, you can plead guilty or not guilty at the arraignment. Or, if the court approves, you can plead "nolo contendere," meaning that you will not contest the charge. Legally, this is the same as a guilty plea, but it cannot be used against you in a non-criminal case unless the charge can be punished as a felony.
• Before pleading guilty to some first-time offenses, such as drug use or possession in small amounts for personal use, you may want to find out if your county has any drug diversion programs. Under these programs, instead of fining you or sending you to jail, the court may order you to get counseling, which can result in dismissal of the charges if you complete the counseling.
• If misdemeanor charges are not dropped, a trial will be held. If you are charged with a felony, however, and the charges are not dropped, the next step is a preliminary hearing.

• During the preliminary hearing, usually within 10 court days of the arraignment, the district attorney’s office must present evidence showing a reasonable suspicion that a felony was committed and that you did it. The judge must be convinced that there is sufficient evidence to bring you to trial.
• You may have a second arraignment. If the felony charges are not dropped at the preliminary hearing, you will be arraigned in superior court where your trial later will be held.
• If you are charged with a crime and are unable to understand English, you have a right to an interpreter throughout the proceedings.

1. Stay Calm
• Do not move injured people.
• Do not argue with anyone.
• Move car out of traffic if you are not injured.

2. Exchange Information
• Get names and telephone numbers of the other drivers and any witnesses before they leave the scene.
• Get drivers license numbers and license plate numbers.
• Get the name of the other driver's insurer and the policy number, if possible.

3. Call Law Enforcement

4. Make no admissions of fault

5. Take pictures of the vehicles, the scene of the accident, and your injuries

6. Report the accident to your own insurance carrier
• Review your own insurance policy for benefits and coverage. Determine if you have "Med Pay" coverage, and utilize it. "Med Pay" is specifically for your use when you are injured in an auto accident. There is often an advantage to using this insurance rather than your own private medical insurance.
• Cooperate and be factual with your own insurance carrier.
• You are not required to speak with any opposing insurance carrier.
• If the other driver does not have insurance coverage, you need to take certain precautions.
• Make all necessary reporting to the DMV.

For complete details, see our Auto Injury page!

“Collectives” are not defined in statutory law. According to the Attorney General’s guidelines:
“A collective should be an organization that merely facilitates the collaborative efforts of patient and caregiver members – including the allocation of costs and revenues. As such, a collective is not a statutory entity, but as a practical matter it might have to organize as some form of business to carry out its activities. The collective should not purchase marijuana from, or sell to, non-members; instead, it should only provide a means for facilitating or coordinating transactions between members.”
One might infer that “collective” refers to any organization of multiple patients. Unfortunately, the guidelines provide no explanation as to how these should operate. Presumably, the basic model is a group of patients and caregivers who plant a garden together and share the crop among themselves. The cultivation collective model does not necessarily envision walk-in clients, nor retail sales of medicine to members. Collectives may be supported by participation in work, donations or membership fees. Under one model, patients pay a set gardening fee for a certain part of the crop, and receive the harvest at no further charge.
See our Cooperatives page for more!

“Cooperatives” are explicitly defined in California law. Cooperatives must file articles of incorporation with the state and be organized in accordance with provisions spelled out in the state Corporations or Food and Agriculture code. Prospective cooperatives should be set up in consultation with a business attorney. The experienced attorneys at the Law Offices of Michael A. Fiumara can assist your cooperative with this process.

There is currently a Bill, of which Congressman Barney Frank is one of the authors, that appears to correct much of the process considerations that are at the heart of forfeiture injustice.
The reform, geared towards correcting current asset forfeiture law, deals most directly with seizures of property that can still happen even before charges are filed. In these cases, the accused - and, hence, the victims - face a manifestly unjust legal process where they have to prove the innocence of their property!

For more information, see our Asset Forfeiture page!

This firm’s State and Federal practice is based on asset forfeiture, both civil and quasi-criminal asset forfeiture, and the return of property and assets seized by local law enforcement (whether State or Federal). This includes the DEA, DOJ, USPF and other governmental agencies which in many cases profit from taking innocent defendants' property even before they are charged with a crime.
After the government agency takes the property and files a notice, you only have 30 days to make a claim with the correct agency and the right paperwork. Otherwise, the government just gets to keep everything! The governmental agencies are required to specifically write down all the property that is taken, but this is seldom accurate and we implore our clients to detail all property that has been hauled away by the governmental agencies. However, if your assets have been taken or removed, you need to call us immediately!

For more, see our page on Asset Forfeiture.

According to California State Law Vehicle Code Section 21950:

• The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.
• This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
• The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
• Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.

• The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.
• The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.

a. Regardless of the circumstances, report the accident to the police and make sure a police report is filed. ALWAYS wait for the police to respond to the accident scene so that an official report will be filed. Seemingly minor injuries can develop into serious and permanent injuries. It is best to have a record when possible.
b. If you have been injured, request to be transported to the hospital by ambulance.
c. Your first priority, of course, is to seek prompt medical attention (if needed) for yourself or anyone who might have been injured. This is proof that you were in fact injured and the medical records generated by the medical provider will help establish the extent of your injuries. Tell the medical provider about the accident and the injuries that you sustained from that accident. Have several photographs, from different angles and different lighting sources, taken of your injuries as soon as possible after the accident. It is advised to keep an injury diary or journal of your physical symptoms beginning immediately after the accident. Make entries regularly.
d. Record the name, address and phone number of the other driver. Write down the make and license plate of all vehicles involved. You should get as much information as you can about the other driver’s insurance agent, policy and insurance company.
e. Record the names, addresses and phone numbers of passengers and anyone who may have witnessed the accident.
f. You should not attempt to negotiate with the at-fault driver.

For more information, please see our Bike Accident page.

Because we understand bicycling. While many attorneys are competent to handle general personal injury cases, make sure your attorney is familiar and has experience with the following:

• Bicycle traffic laws, including all the applicable motor vehicle codes. We are familiar with these since we also practice criminal defense, and know the California Vehicle Code and the Department of Motor Vehicles (DMV).
• Negotiating bicycle accident cases with insurance carriers.
• Trying bicycle accident cases in court and/or mediation/arbitration.
• We understand and will turn around predominant prejudice against cyclists by motorists and juries.
• Ability to establish the value of permanent and diminished riding ability.
• Ability to secure the best licensed forensic bicycle engineers.
• Ability to hire the leading bicycle accident reconstruction experts.

There is more – see our Bike Accident page for details!

• YES. Your policy states that, if requested, you must file a sworn proof of loss, exhibit the damaged property, and submit to examination under oath.

The Fiumara Law Firm is fortunate to have Jackie L. Martens on its team, focusing exclusively on providing legal representation in the area of Family Law. The Fiumara Law Firm believes exceptional representation in family law matters depends on three key areas or the A++ approach. They are:

1. Advocacy – It is this firm’s mission to achieve the most beneficial resolution for our clients. To effectuate the appropriate resolution, this law firm understands that zealous, yet compassionate, representation is necessary. Legal issues can generate significant emotional barriers, but we embrace the opportunity to be more than just an advocate; we embrace our role as counselor.
2. Availability – This Fiumara Law Firm understands effective legal representation is dependent upon efficient and consistent communication with the client, with you. Therefore, it is our goal to be available to each and every client and to keep all clients informed of the developments of his or her case. We strive hard to make ourselves available to our clients at all possible and appropriate times. The Fiumara Law Firm strives to return all phone calls within one business day; sometimes within a few hours.
3. Alternatives – The Fiumara Law Firm believes that each case and each client is unique. Not one shoe fits all. This firm understands that the basic structure of resolving family law issues, with the assistance of the courts, is not always the best option for every client. In an effort to resolve matters in the most appropriate, efficient and cost-effective manner, we sometimes consider other options such as mediation and collaboration.

• Divorce
• Child custody and visitation
• Domestic partnership
• Child and spousal support
• Domestic violence restraining orders
• Property division
• Division of assets and liabilities
• Paternity
• Prenuptial and postnuptial agreements
• Mediation
• Guardianship
• Adoption
• Grandparent rights

The most important piece of advice that we can offer a teacher who is accused of or charged with a criminal offense or who becomes the suspect of an investigation is to SAY NOTHING!
The teacher, whether questioned by an administrator or the police, must simply say that, “My counsel has instructed me to remain silent.” It is preferable to blame the attorney for not being allowed to talk. The police of course will attempt to use all kinds of tactics to have you, the teacher, make a statement or simply give “your side” of the story. Please RESIST doing so even if the police say, “We know you are innocent,” or “We will not arrest you.” Do not fall for any of these tactics.

1. We will conduct a comprehensive interview with the teacher and all possible witnesses as soon as possible while the evidence is fresh, and counsel the teacher to say nothing, or as other defense counsels say, “Shut up, shut up, shut up!”
2. We immediately coordinate the defense of the criminal allegations with any administrative proceeding that is pending. It is important that the teacher not do anything in the administrative proceeding that will compromise the teacher’s position in the criminal matter. (All evidence submitted in the Administrative Hearing can and will be used by the prosecution against the teacher in the criminal case.)
3. Right from the beginning we will advise the teacher that it is important not to speak to anyone except his or her attorney or the investigator who has been hired. Any conversations and third party communication could be used against the teacher, especially if the communication is not privileged. If the teacher is incarcerated, they must not speak over the telephone to family members or to any other third party. Jail telephone calls are monitored and tape recorded, unless it is with the attorney.
4. We, as your defense counsel, will contact the investigating school official and/or principal to find out which agency is conducting the investigation and identify the investigating police officer. We will explain to the investigating agency that any contact with the teacher will be through counsel. We do not want the police coming into the classroom, talking to the teacher, or coming to the teacher’s home or to their spouse’s place of work.
5. We will keep the teacher/client fully informed of any development with the pre-filing investigation or with ongoing administrative proceedings and court dates. Constant communication is very important and reduces stress.
6. As counsel for the teacher/client we will discuss all the administrative leave options with or without pay during the investigation. We, defense counsel, need to also discuss the options available to the teacher/client regarding salary continuation, bond, etc.
7. We also, as the teacher’s attorney, will give the teacher the option of consulting a GLS administrative attorney who specializes in credentialing and other employment issues. This is the right thing to do.
8. As your counsel and trusted confidant, we would request that any arrest, if imminent, be made as discreetly and quietly as possible. The goal is to get little or no public newspaper coverage before any bail arrangements have been made or prearranged.
9. As your counsel we personally contact the particular district attorney who is handling the investigation to determine if formal criminal charges will be filed so that bail can be discussed and surrender could be arranged, if possible.
10. We attempt to reduce felonies to misdemeanors if there are no defenses and simply try to influence the district attorney’s decision as best we can without doing anything unethical.

For other measures we can take to protect you, see our Teachers in Trouble page!

One of the most common assault and battery injuries includes bar fights (both patrons and bouncers
of the bar) as well as altercations at sporting events. If you have been the victim of any of these, a
personal injury attorney for assault and battery knows it is hard mentally to come forward, but you
should, to get legal guidance and compensation for the assault. Also, many times police will take the
side of the bar or event staff and even though you were only defending yourself from an attack by staff
or other patrons, criminal assault and battery charges will often be brought against you. Experienced
attorneys like those at the Law Offices of Michael A. Fiumara can help to defeat the criminal case against
you and sue the responsible parties to get you compensation for your injuries.

An assault and battery are two separate offenses that when used together are defined as the unlawful
and non-consensual touching of another person.
An assault is an act that consists of a threat of harm with the ability to carry out the threat. A battery
is the actual touching or striking of another person in attempt to commit harm. If this has happened to
you, it is many times not your fault and you should contact a personal injury attorney for assault and
battery to file a claim against the other party.
An assault includes three things:
1. An intentional, unlawful threat to cause injury to another by force
2. Circumstances that create in the other person a fear of danger
3. There exists the ability to carry out the act if not prevented
Note that an assault can be completed even if there is no actual contact with the plaintiff, and even if
the defendant had no actual ability to carry out the apparent threat.

If this is your first DUI you face a suspension of your driver’s license for four to six months. If your blood alcohol level was high or you refused a chemical test, your license may be suspended for even longer. In many cases after the first 30 days of suspension you may be eligible to apply for a restricted license. You may be faced with jail time. The amount of jail time in your case will depend on the circumstances of your individual case. The minimum is usually 2 days and the maximum is 6 months. In addition to jail you may face fines, probation and DUI classes.
If this is your second, third or fourth DUI, you may face even more severe penalties, including up to one year in jail or prison time. If you are facing significant jail time we may be able to get you day-for-day credit for any time spent in a residential treatment program.

• Challenge the reason for your arrest or probable cause
• Challenge the breath or blood tests
• Reduce your jail time
• Request credit for any time your spent in custody
• Request jail alternatives to eliminate time in custody
• Reduce your fines and request alternatives to fines

Supervised Own Recognizance (SOR) and Released on Own Recognizance (OR). Read more about these on our Avoid Jail page!

Project Intercept / Adult Diversion (PI), Educational Sentencing Program (ESP), Work Release, Work Furlough Program, Private Supervised Electronic Confinement and Other Monitoring Services and Technology. Our Avoid Jail page explains all of these.

• YES. You are responsible to the repair facility for payment of repairs. If you are insured, your insurance contract states that the insurance company will pay you for the loss, less any applicable deductibles or depreciation. Any arrangements for payment by your insurance company are your responsibility.

Restorative Resources aka (Restorative Justice) and Mental Health Court (Juvenile Division), both of which are described on our Avoid Jail page.

Furnishing alcoholic beverages to minors is punishable by a misdemeanor under Business and Professions Code section 25657 (Unlawful solicitation of sales). A misdemeanor can be punished up to and including one year in the county jail or a fine of one thousand dollars ($1,000) or by both.
There are additional fines and jail time if the prosecution makes a determination that the alcohol was furnished to the minor for reasons other than just being kind or nice to the minor. The prosecution could allege that the defendant’s intent to supply the minor with alcohol is to get the minor drunk/intoxicated to take advantage of them sexually or for other prurient interests. Based upon the facts and circumstances, the charge could be increased to a felony with a substantially longer prison term and or higher fines.

Under Business and Professions Code section 25658(b), it is made clear that any person under the age of 21 years who purchases or consumes an alcoholic beverage at any on-sale premises is guilty of a misdemeanor. A second or subsequent violation of subdivision (b) shall be punished by a fine of not more than five hundred dollars ($500), or the person shall be required to perform not less than 36 hours or more than 48 hours of community service during hours when the person is not employed and is not attending school, or a combination of a fine and community service as determined by the court.

1) Taking excessive numbers of abalone;
2) Taking undersized abalone;
3) Refusing to display their tags; or
4) Using the tags of others.

1. Abalone divers are often cited on a violation of 29.16(b)(2) of the California Code of Regulations. In most cases these are charged as misdemeanors, but if the numbers are great a felony charge is not out of the ordinary. In a typical 29.16(b)(2) misdemeanor charge, the abalone diver is cited with unlawfully possessing an abalone with a tag that was not filled out. Under the strict code requirement, the cardholder (or in this case the diver) shall fill in the month, day, time of catch, and fishing location on the abalone tag, remove and completely detach the tag from the card, and affix it to the shell of the abalone. If the abalone diver fails to complete any one of these requirements, he/she faces a misdemeanor charge and a stiff fine.
2. The second most common violation that the Law Offices of Michael A. Fiumara has handled is violation of Section 29.16(b)(3) of the California Code of Regulations (a misdemeanor), which accuses the diver of not having an abalone tag that was fastened to the abalone as required. The Regulation states emphatically, “The tag shall be securely fastened to the shell of the abalone. To affix the tag, a ‘zip tie,’ string, line or other suitable material shall be passed through a siphon hole on the abalone shell and through the tag at the location specified on the abalone tag.”

Yes. Michael Fiumara has represented dozens of students in disciplinary hearings and has challenged expulsion proceedings and zero tolerance policies.

Retain an experienced juvenile defense lawyer immediately.
• It sounds pretty obvious, but you would be surprised how many times parents are misled by police officers. “Don’t worry, you don’t need a lawyer. We just want to talk to your child. He/she needs to be honest and truthful and tell us everything he/she did.”
• The truth of the matter is that anything your child says can and will be used him or her in the juvenile court proceedings.

In general, your child should NOT speak to the police.
• You should understand that the prosecution has to prove the elements of a crime beyond a reasonable doubt. When you allow your child to speak to the police, the prosecution is able to corroborate the allegations leading to criminal charges and a juvenile petition being filed against your child.
• Worse yet, police have been known to get innocent children to admit to crimes they did not commit. Based on this false evidence, prosecutors have been known to convict and incarcerate innocent juveniles.
• You should also know that oftentimes the interrogation rooms at the police station have hidden cameras and hidden tape recorders. Even if you are allowed to sit in during the interview, when there is difficulty getting the child to admit to a crime the police will often purposefully take a break to allow the parent and child in the room to remain there alone. Often their communications are secretly videotaped. This is a trick that has been used many times.
• When police do not want a parent present, the police will often go to the school where your child is attending to interrogate your child to prevent you from properly advising your child about his or her Constitutional Rights. Once your child is at the police station, the child is often interrogated a second time; this time by the assigned detective on the case. This is a stacked deck.
• Detectives often tell the child they already have a lot of evidence against them, and that if they cooperate, it will reflect favorably on them in the police report – don’t have your child fall for this!
• Juvenile offenders are also told by the police to write a written apology letter. Police often mislead juvenile defendants into believing this will help their case. This is not the case. Nothing is further from the truth. In fact, these so-called “apology letters” are generally never given to the victims, but rather used as “admissions” against the child to help get the child convicted of the alleged crime. Often these written statements are sent directly to the District Attorney’s office as part of the police report to show the District Attorney that the juvenile defendant has admitted the offense and should therefore be prosecuted for the alleged crime.

First and foremost, preparation is key to successfully defending your child.
• Getting a head start and defending your child gives your juvenile defense attorney the opportunity to get a good grasp of your child’s social history, your child’s version of the facts, and time to gather witnesses and evidence helpful to your child’s defense. This can help map out a strategy for the initial detention hearing as well as future court dates to get your child released sooner rather than later.
• By retaining Michael A. Fiumara prior to going to court, you give your child’s defense a window of opportunity to accomplish the following:
a. Contact the Probation Department and District Attorney before the juvenile petition is even filed;
b. Try to convince the Probation Department to request that the petition not be filed at all;
c. Request minor’s release;
d. Request that Probation informally supervise your child without a petition being filed; there are programs available and many other options to incarceration or Juvenile Hall;
e. Suggest to Probation a rehabilitation program to help your child avoid incarceration;
f. Convince the District Attorney not to file charges at all;
g. Convince the District Attorney to allow the case to be handled informally without going to court;
h. Convince the District Attorney to file lesser included charges or to dismiss the charges;
i. Convince the District Attorney that the case does not merit incarceration;
j. Negotiate with the District Attorney that your child is entitled to a deferred entry of judgment disposition;
k. Fight to have your child acquitted of all charges at trial.

• Usually, a warrant is required before you can be taken into custody from within your home. But you can be arrested at home without a warrant if fast action is needed to prevent you from escaping, destroying evidence, endangering someone’s life or seriously damaging property.
• An arrest warrant must be signed by a magistrate or judge, who must have good reason to believe that you committed a crime.
• Once an arrest warrant is issued, any law enforcement officer in the State can arrest you – even if the officer does not have a copy of the warrant. Generally, there is no time limit on using a warrant to make an arrest.
• (The following was prior to a recent U.S. Supreme Court case.) Before entering your home, a law enforcement officer must knock, identify him or herself and tell you that you’re going to be arrested. If you refuse to open the door – or if there’s another good reason – the officer can break in through a door or window.
• If the police have an arrest warrant, you should be allowed to see it. If they don’t have the warrant with them, you should be allowed to see it as soon as is practical.
• The police may search the area within your reach. If you are arrested outdoors, they may not search your home or car.
• Resisting an arrest or detention is a crime. If you resist arrest, you can be charged with a misdemeanor or felony in addition to the crime for which you are being arrested. If you resist, an officer can use force to overcome your resistance or prevent your escape. The officer can even use deadly force if it appears you will use force to cause great bodily injury.

• YES. First consult with your insurance agent or broker. If you continue to have problems, consult with the Department of Insurance, State Of California, at their office in Sacramento, San Francisco, Los Angeles, or San Diego.