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Victoria Clemans: Los Angeles Misdemeanor Defense Lawyer Specialties Page

CRIMINAL DEFENSE

Traffic

For traffic matters we have our own “method” which is very effective. If you call the law offices of Victoria Clemans prior to your arraignment, you may save thousands in insurance hikes, court fees and penalties and assessments. We charge $250 for the arraignment and $250 for disposition of your matter. We have experience with speeding, red lights and stop signs, failure to keep log books (applies to truckers), driving on suspended license, driving without insurance, driving without a license (can be a misdemeanor or infraction) failures to appear, etc.

We can do your traffic case from beginning to end so that you don’t have to waste an entire day in court waiting endless hours for your case to be called. If you give us 977 authority to appear (Government Code which allows the attorney to appear on behalf of client) we can appear and arraign the case for you. After that, we can set a trial date and do the traffic trial for you. A high percentage of the traffic cases either get dismissed or reduced significantly, which can save thousands of dollars in insurance hikes, or even your license from being suspended.

Many people do not realize that some traffic violations are misdemeanors, and this means that they are subject to 1 to 3 years of summary probation if the case is not resolved! It also stays on their record until and unless it is expunged. For example, a vehicle code section §14601 carries with it a potential for 3 years of summary probation and 1 point on your driving record. What people don’t realize is that if they update their license and have everything current, this can be reduced to a §12500, which reduces it to one year summary probation and cuts the fine in half and no points. Sometimes, Victoria can get it dismissed or obtain a suspended sentence.

Misdemeanors

Let The law offices of Victoria Clemans negotiate your case to the most favorable result.  For DUI's, we will also do the DMV hearing which must be requested within 10 days after your arrest for driving under the influence.  See, results page for more on misdemeanors.

Felonies

Most felonies involve a preliminary hearing where the judge determines if there is probable cause to bound over the defendant. Victoria is experienced at Motions to suppress based on the Fourth Amendment and Miranda violations and can sometimes get your case thrown out at the pre-lim hearing. If your case is sent to Early Disposition Court, Victoria has had good results with Proposition 36 and negotiating suspended sentences in lieu of jail time.

PERSONAL INJURY

Getting it done The law offices of Victoria Clemans will handle your personal injury case from beginning to end with a strong emphasis on following through and getting it done. Yes, that includes negotiating property damage issues, something that most attorneys won’t deal with because they don’t make a percentage of that fee. There are 2 ways to resolve personal injury claims, 1) settling the case with the adjuster, a stressful process that we don’t want you to have to endure! And; 2) Litigation, which generally occurs when there is a dispute as to liability or damages and the claim is turned over to an attorney. Most of the time, the case will go into litigation because adjusters play “hardball” and offer chump change for serious injuries. In order to be on a level playing field, you will need an attorney advocating your rights. We will hold your hand through the entire litigation process and won’t send contract attorneys to critical proceedings (or any proceedings) such as depositions, arbitration, mediation or trial, the way so many other firms do. Also, we are strong believers in the importance of discovery once a case goes into litigation. The law offices of Victoria Clemans will personally guide you through often difficult and confusing questions propounded by the defense. We handle everything from auto v. auto, to bicycle accidents, assault and battery, auto v. pedestrian, slip and fall, and products liability.

Money Matters

Personal injury cases work on a contingency fee basis, that means that when your case settles, the attorneys get paid from the settlement, not from your pocket, which means if there is no recovery, we take nothing.

Once your case is settled, we will negotiate your medical liens so there is more money in your pocket! 

What You Didn’t Know About Prop. 213

Since being enacted in 1996, proposition 213 as set forth in Civil Code Sections 3333.3 and 3333.4, prohibits uninsured drivers from recovering non-economic losses for compensation for pain and suffering, inconvenience, physical impairment, disfigurement, and other non-pecuniary damages if the injured person was not insured at the time of the accident as required by the financial responsibility laws of the state of California. The law also applies if the injured person seeking compensation was under the influence and was convicted for that offense. Such an uninsured person can recover however, if they were injured by another who was convicted of driving under the influence.

On the contrary, felons are denied pain and suffering damages only if their injuries were proximately caused by the felony or immediate flight (Civil Code Section 3333.3). Uninsured motorists (driving without insurance is an infraction), who are not committing any felony are prohibited from recovering the damages set forth above, even if their infraction is completely unrelated, much less a proximate cause of their injuries.

YOU CAN STILL RECOVER EVEN WITHOUT LIABILITY INSURANCE IF:

*You were hit by someone who is under the influence of alcohol, drugs, or both.

*If the person who hit you was not under the influence you may still get your medical bills paid and your property damage, even without insurance. If your medical bills are high, call us and we will help you get them paid!

*If you are a felon and have insurance you can recover pain and suffering as well as the damages discussed in paragraph 1, provided that the felony had nothing to do with the accident you were involved in.

IF YOU ARE THE DRIVER THAT HIT SOMEONE

*If someone is trying to sue you for their injuries and they were under the influence, they are barred from recovery.

If you were involved in an accident, click here.