Navigating the Aftermath of a Truck Accident in Alameda: Why You Need an Injury Lawyer

In a bustling city like Alameda, where traffic is a constant reality, accidents are an unfortunate but unavoidable part of life. Among the most devastating accidents are those involving trucks. These massive vehicles can cause catastrophic injuries and significant damage, leaving victims in a state of shock and confusion. If you find yourself in such a situation, it’s crucial to understand your rights and seek professional help. In this blog, we’ll delve into why hiring a truck accident lawyer or an Injury Lawyer in Alameda is essential for navigating the aftermath of such incidents.

Understanding the Complexity of Truck Accidents

Truck accidents differ significantly from typical car accidents due to the size and weight disparity between trucks and other vehicles. The aftermath of a truck accident often involves severe injuries, extensive property damage, and complex legal issues. Determining liability in these cases can be challenging, as multiple parties might be involved, including the truck driver, the trucking company, maintenance contractors, and manufacturers. Without expert legal guidance, victims may struggle to navigate through the intricate web of regulations and insurance claims.

The Role of a Truck Accident Lawyer

A proficient Truck Accident Lawyer specializes in handling cases involving commercial trucks, semis, tractor-trailers, and other large vehicles. These legal professionals possess in-depth knowledge of federal and state regulations governing the trucking industry, which is crucial for building a strong case. From gathering evidence and conducting thorough investigations to negotiating with insurance companies and representing clients in court, a skilled lawyer plays a pivotal role in ensuring that victims receive the compensation they rightfully deserve.

Why Choose an Injury Lawyer in Alameda

In the aftermath of a truck accident, victims are often left grappling with physical injuries, emotional trauma, and financial burdens. An experienced injury lawyer in Alameda can provide the support and guidance needed to navigate through these challenging circumstances. These lawyers specialize in personal injury law and are well-versed in the legal intricacies surrounding accidents and negligence claims. By enlisting the services of a reputable Injury Lawyer Alameda, victims can focus on their recovery while their legal team works tirelessly to secure fair compensation for medical expenses, lost wages, pain and suffering, and other damages.

Key Considerations When Hiring a Lawyer

When selecting a truck accident lawyer or an injury lawyer in Alameda, it’s essential to consider their track record, experience, and expertise in handling similar cases. Look for a lawyer or law firm with a proven history of successfully representing clients in truck accident cases and securing favorable outcomes. Additionally, prioritize lawyers who offer personalized attention and demonstrate genuine compassion for their clients’ well-being. A strong attorney-client relationship built on trust and communication is crucial for navigating the complexities of legal proceedings effectively.

Conclusion

A truck accident can have far-reaching consequences, impacting every aspect of a victim’s life. In the aftermath of such a traumatic event, seeking legal representation is not just advisable but imperative. By enlisting the services of a skilled Truck Accident lawyer or Injury Lawyer in Alameda, victims can level the playing field against powerful insurance companies and negligent parties. With the right legal advocate by their side, victims can pursue justice, hold responsible parties accountable, and rebuild their lives with the compensation they deserve. Remember, in times of crisis, you don’t have to face the challenges alone — a dedicated legal team is ready to fight for your rights and ensure that you receive the justice and compensation you’re entitled to.

newark car accident lawyer

newark car accident lawyer

The Jagroop Law Office, Inc., based in Newark, California, serves as a pillar of support for individuals and families grappling with the aftermath of auto accidents. Drawing on extensive experience in personal injury law, particularly in the realm of car accidents, we understand the multifaceted challenges—physical, emotional, and financial—that accompany such incidents. Our unwavering mission is to advocate tirelessly for our clients, ensuring they receive the compensation they rightly deserve.

In the wake of a car accident, prompt legal assistance is paramount. Insurance adjusters often work swiftly to minimize payouts, highlighting the critical importance of seasoned legal representation. Our adept team of attorneys in Newark, CA, specializes in balancing the scales, securing equitable compensation for injuries and damages sustained.

Serving the entire Bay Area, from Alameda County to Santa Clara County, encompassing cities like Oakland, Berkeley, Hayward, San Jose, Emeryville, and San Francisco, we offer our services seven days a week. Beyond auto accidents, our practice spans various legal domains, including DUI defense, family law, and personal injury cases.

When addressing common inquiries from potential clients regarding car accidents and personal injury claims, we recognize the intricacies involved in determining case value and resolution timelines. While clients understandably seek immediate clarity, the reality is nuanced. Each case is distinct, shaped by numerous factors necessitating comprehensive analysis and evaluation.

san jose car accident lawyerIf you or someone you care about has experienced a car accident, it's crucial to take prompt legal action. Look no further than the Jagroop Law Office, Inc., your trusted San Jose car accident attorney boasting extensive experience in handling diverse personal injury cases, particularly those arising from car accidents. Recognizing the profound impact that accidents can have on families—physically, emotionally, and financially—we are committed to relentlessly pursuing the compensation our clients rightfully deserve.Serving the entire Bay Area, from Newark in Alameda County to San Mateo County, and from Oakland to Berkeley, Hayward to San Jose, Emeryville to San Francisco, the Jagroop Law Office, Inc. operates seven days a week. Our comprehensive legal services encompass DUI defense, family law, personal injury, and more. We understand the multifaceted nature of our clients' needs and are devoted to delivering top-notch legal representation, consistently striving for the optimal outcome in each unique case.At the Jagroop Law Office, Inc., our dedication goes beyond mere legal services; it extends to fostering a supportive and client-focused environment. We encourage you to reach out today and schedule a consultation to discuss your specific legal requirements. Trust us to be your advocates, working tirelessly to secure the justice and compensation you deserve.

Navigating the Road to Compensation: Why You Need Lyft Accident Attorneys

In today's fast-paced world, ride-sharing services like Lyft have become a convenient mode of transportation for millions of people. While these services offer numerous benefits, accidents can still happen, leaving passengers, drivers, and pedestrians in challenging situations. When involved in a Lyft accident, the first step to ensuring you receive the compensation you deserve is to hire experienced Lyft accident attorneys.

Understanding the Complexities of Lyft Accidents

Lyft accidents can involve multiple parties, including the Lyft driver, other drivers, and pedestrians. Determining liability and navigating insurance claims can be incredibly complex. Lyft accident attorneys specialize in this area of law and possess the knowledge and experience to identify responsible parties, gather evidence, and build a strong case on your behalf.

Maximizing Your Compensation

If you've been injured in a Lyft accident, you may be entitled to compensation for medical bills, lost wages, pain and suffering, and more. Lyft accident attorneys are skilled negotiators who can work with insurance companies to ensure you receive the maximum settlement possible. They understand the tactics used by insurers to minimize payouts and will fight to protect your rights.

No Upfront Costs

One of the most significant advantages of hiring Lyft accident attorneys is that they typically work on a contingency fee basis. This means you don't have to worry about paying attorney fees upfront. They only get paid if they secure a settlement or verdict in your favor, making legal representation accessible to everyone.

Guidance Throughout the Legal Process

The legal process can be overwhelming, especially when dealing with insurance companies and complex regulations. Lyft accident attorneys will guide you through each step, from filing a claim to negotiating with insurers or representing you in court if necessary. Their expertise ensures that you are well-informed and prepared at every stage.

Peace of Mind and Focus on Recovery

After a Lyft accident, your primary focus should be on your recovery, both physically and emotionally. By entrusting your case to Lyft accident attorneys, you can alleviate the stress of dealing with legal matters and concentrate on healing. These professionals will handle the legal complexities, allowing you to move forward with your life.

Lyft accident attorneys are your advocates in the aftermath of a ride-sharing accident. Their expertise, commitment, and dedication to your case can make a significant difference in your ability to secure the compensation you deserve. Don't face the challenges alone—reach out to Lyft accident attorneys to ensure your rights are protected and justice is served.

Details:

Company name: KARNS & KARNS PERSONAL INJURY AND ACCIDENT ATTORNEYS

Address: 1101 Marina Village Pkwy, Alameda, CA 94501

Phone number: (510) 300-4853

Website: http://www.karnsandkarns.com/

Personal Injury Lawyer Alameda - Braff Accident Lawyers (510) 373-0088

Braff Accident Lawyers 2315 Lincoln Ave Unit 2 Alameda, CA 94501 (510) 373-0088

https://braffaccidentlawyers.com/alameda/

Things You Can Do To Help Out Your Personal Injury Lawyer In Alameda

The main job of your Personal Injury Attorney in Alameda is to make sure that all of the details surrounding your personal injury claim is completed successfully so that you can take your time on recovering from the injuries you have sustained. With this being said, you can make sure that you follow up with some of the issues on your behalf so that your personal injury claim happens to move as smoothly as possible. Some suggestions are as follows:

Always make sure that you follow your doctor’s advice

It is the sole job of your Personal Injury Attorney in Alameda to make sure that your injury claim has been carried on successfully. And, that it reaches a fair settlement from the party which is supposedly at fault. It is however dependent on you that you have to follow up with your health care professionals so that you can recover from the injuries as quickly as possible.

Whilst visiting your doctor, make sure that you open up to them and let them know about all of the issues you are suffering from so that your treatment can be done in the correct way.

Always keep your lawyer informed about what is going on

In order to get the full outcome from your personal injury claim, you need to make sure that you keep in contact with your Accident Lawyer in Alameda even when your treatment is going on. Make sure that you update them on every circumstance which happens to take place and also if you are changing your residential address or phone number, make sure that you let your lawyer know about the same so that they can keep in regular contact with you.

Surveillance

It is important to be alert at all times since the party, who is at fault might just keep an eye out for your day to day activities via a camera or by interviewing your neighbors, co-workers or even your family members. In addition to all of this, the defendant party as well as your insurance company might keep an eye out for your social media in order to know about your activities.

As a result, do not ever discuss your condition with anybody else other than your Accident Lawyer Alameda and your concerned doctor which might otherwise cause a negative impact on your personal injury claim. It is however mandatory on your behalf to be utterly honest to your physicians and lawyer regarding your injuries.

"Police quiz Kemper on 6 coed slayings"

(April 25, 1973)

Santa Cruz county investigators declined to comment today on the possibility that a young man held in Pueblo, Colorado, for the murder of his mother and her closest friend might have been responsible for the unsolved slayings of six college coeds. Asked about any statements regarding his involvement in the coed murders made to him by Edmund E. Kemper III, 24, Santa Cruz County District Attorney Peter Chang, speaking by phone from Pueblo, this morning, would say only, "no comment." Kemper was arrested in Pueblo yesterday morning as he spoke long distance from a phone booth to Santa Cruz police, has told police he was responsible not only for the twin murders in Aptos the day before Easter, but or a series of brutal slayings and dismemberments of young women in Santa Cruz County. Pueblo police chief Robert Maybler said following his arrest, Kemper immediately began to relate details of killings he said he committed in Santa Cruz County. These included not only those of his mother, Mrs. Clarenell Standberg, 52, of 609-A Ord St., Seacliff, and her close friend Mrs. Sara Taylor Hallett, 59, of Santa Cruz, but the coeds. Authorities in Santa Cruz refused to comment on Maybler's statements, saying they might be prejudicial to Kemper. And while Chang stuck to his "no comment" position, he did say his flight to Pueblo yesterday had been "very fruitful." It was learned that Kemper put through two calls to Santa Cruz police in the wee hours of Tuesday morning. Authorities said the first time he told police he was about to go on a "killing spree" and wanted someone to stop him. Police in Santa Cruz were unable to immediately trace the call but did so the second time Kemper called and kept him talking while Pueblo police were notified of where he was calling from. Kemper, meanwhile, has agreed to waive extradition no that he can be returned to Santa Cruz without the attendant legal proceedings that extradition requires. Chang said he planned to take the first plane home this afternoon. Kemper will be returned to Santa Cruz by automobile, Chang said, in the company of DA investigator Dick Verbrugge, Lt. Chuck Scherer of the Santa Cruz Police Department and Mickey Aluffi of the Santa Cruz County Sheriff's Department. Chang said Kemper was being returned by auto for security reasons. The youth is virtually a giant at six feet, nine inches tall, weighing around 280 pounds. "He is a difficult person, security-wise, to transport by commercial airlines or in a small charter plane," Chang said. In Santa Cruz investigators continued to piece together the events that led to the brutal killings of Kemper's mother and Mrs. Hallett. It was not until late yesterday afternoon that the nude and beaten bodies of the two murdered women were positively identified. A sheriff's spokesman said that it was believed the women had been killed Saturday night. Mrs. Strandberg had been decapitated and one of her hands had been cut off. Investigators theorized that prior to the decapitation she had been bludgeoned to death with a blunt instrument while she was sleeping. Her body was stuffed into the back of her bedroom walk-in closet beneath a rack of clothing with other items piled on top obscuring the body from view. In the same room in a smaller closet, the body of Mrs. Hallett was first discovered. It also had been stuffed into the closet. A sheriff's spokesman refused to comment on whether any weapons were found at the scene, but it was known that a bloody hammer was removed by investigators from the three bedroom duplex. Despite the decapitation of Mrs. Strandberg, investigators said' the apartment at first glance yesterday appeared tidy and neat with no visible signs of a struggle or bloodstains. It was a sheriff's patrolman, acting on information received from Pueblo, who entered the apartment by kicking in a window and discovered Mrs. Hallett's body in the small closet. Mrs. Strandberg's body was not discovered until hours later because investigators did not want to disturb the murder scene prior to the arrival of criminalist Paul Dougherty, who was summoned from the San Mateo County crime lab. Acting on other information from Pueblo, investigators yesterday began searching cars belonging to Mrs. Strandberg, Mrs. Hallett and (Edmund) Kemper. Mrs. Hallett's car was found in Reno, where Kemper reportedly said he had left it and then rented a Hertz car which was later impounded by Pueblo police. It was this car in which police said they found two rifles, a shotgun, and a small caliber revolver. Mrs. Strandberg's car was found in a cul-de-sac on Searidge Drive in Aptos, a short distance from her apartment. Kemper's car was found in the Aptos area late last night. As yet there is no explanation as to the reason for Mrs. Hallett's being at the Strandberg apartment but a missing persons report on her had been made Monday and not Saturday as first reported by Santa Cruz Police). Her son, Christopher Hallett, 26, told police he had arrived in Santa Cruz on Sunday afternoon to pick up his mother's car by previous arrangement with her and had found her unlocked house deserted. She had left no word for him about her whereabouts and her car was gone, he said. Knowing she and Mrs. Strandberg were close friends, Hallett said he tried to contact someone at the Strandberg residence but got no answer. Neighbors told him they had seen his mother working around her house Saturday morning but did not see her leave. As a result of Hallett's report and the two women's failure to show up for work Monday at the UCSC campus where they were employed as administrative assistants, a "be on the lookout" bulletin was put out Monday by Santa Cruz police. There's an ironic note in the tragic deaths of Mrs. Strandberg and her friend. Only two and a half weeks ago, deputies were routinely alerted by Gray's Gunshop in Santa Cruz that Kemper had purchased a revolver. Since Kemper's record showed that as a juvenile he had killed his grandparents, deputies sent to the Seacliff apartment and asked Kemper to surrender the weapon. He did so cooperatively, saying as he turned it over that he thought he had a right to it since his juvenile record had been sealed. Kemper had spent five years in Atascadero and was paroled into the custody of his mother about three years ago. At that time, he lived with her for a while on Stockton Ave., in Capitola and then later moved to Alameda. He was employed last year with the state Division of Highways, working out of Oakland as a laborer until he reportedly suffered a work-related injury, after which he drew workman's compensation. His neighbors in Alameda said he frequently visited his mother and often had driven the neighbors around the hills to show them Santa Cruz County. He moved to his mother's apartment last November.

Andrew Dósa Explains Personal Injury Lawsuits Against Child Molester? https://attorneys.media/videos/legal-commentary/criminal-law/child-abuse/ca/alameda/andrew-dosa/andrew-dosa-explains-personal-injury-lawsuits-against-child-molester-and-others/ Who else could be liable for those actions of the child molester? Attorneys.Media interviews Andrew Dósa-civil attorney in Alameda County CA about the liability of other parties for the actions of a convicted child molester? Attorneys.Media is an internet media company dedicated to highlight local attorney’s analysis of perpetual legal industry questions and current legal issues through personal interviews. It is the best way the public can find attorneys and get answers. #lawyer #attorney #legal #court #legaladvice #legaladvisor #criminallawyer #freelawyerconsultation #freelegaladvice #legalservices #legalassistance #lawyers #law #criminalattorney #criminaldefenseattorney Social Media: https://twitter.com/attorneys_media https://pinterest.com/attorneysmedia https://instagram.com/attorneysmedia/ https://attorneysmedia.tumblr.com https://linkedin.com/company/attorneysmedia https://facebook.com/Attorneys.Media https://vimeo.com/attorneysmedia

Read this infographic to learn about vehicular accident attorneys in California. Our legal team is here to assist in relieving this burden and ensuring that you receive fair compensation. At The Law Offices of Andrew Dosa, we believe that no one should have to suffer due to the negligence of another driver.For more information contact us at 510-333-4564.

New video shows cop was clearly the aggressor in incident with Raptors president Masai Ujiri

Ujiri is filing a counter-suit against the deputy who is trying to sue him.

Toronto Raptors president Masai Ujiri is filing a counter suit in California against the Alamenda County sheriffs deputy who claimed he was assaulted by Ujiri following the NBA Finals. On Tuesday Ujiri’s legal team produced the body cam footage of a courtside incident with deputy Alan Strickland during the 2019 NBA Finals where Ujiri was pushed twice and sworn at while trying to show his credentials to the officer.

Strickland is attempting to sue Ujiri, saying the Raptors’ president assaulted him — and the fallout from the incident meant he “suffered injury to his body, health, strength, activity and person, all of which have caused and continue to cause Plaintiff great mental, emotional, psychological, physical, and nervous pain and suffering.”

After seeing the video it’s clear this claim is complete and utter bullshit.

Body cam footage plainly shows Ujiri approaching the deputy on his way to the court to celebrate with the Raptors. He attempts to pull out his credentials before being shoved back with Strickland saying “back the fuck up.” At this point a confused Ujiri pulls his credentials out of his pocket entirely, before being shoved again — to which Ujiri responds by asking Strickland “Why did you push me? I’m the president of the Raptors.” Ujiri does indeed shove back during the altercation, but only after being pushed twice by the deputy, who instigated the incident, and offered no clear explanation why he wasn’t letting Ujiri past.

The incident was the source of immediate scrutiny when law enforcement tried to place the Raptors’ president as aggressor. Alameda County sheriff Greg Ahern pushed for assault charges to be filed against Ujiri, which were subsequently dropped by the district attorney’s office. At this point Strickland, and his wife (named as a co-plaintiff) filed a civil suit against Ujiri seeking a minimum of $75,000 in damages, ludicrously claiming the deputy has suffered “permanent disability” from being pushed once, after violently shoving a man twice.

The counter-suit, filed by Ujiri’s lawyers on Tuesday, says that deputy Alan Strickland is “perpetrating a fraud” against Ujiri, the Raptors, and the NBA. Adding that the deputy’s version of events is a “complete fabrication.” In addition to the body cam footage, the suit alleges there are three eyewitnesses, all of whom have declared under penalty of perjury, that Ujiri did not punch the deputy. The suit also takes aim at Strickland’s key witness, LAPD Officer Sucha Singh, who claims he witnessed what happened and is backing up the sheriff's assault claim. The suit states that Singh was located at a tunnel completely opposite where the incident took place, while stating that Singh “has a history of engaging in excessive force.”

Ujiri’s lawyers are also noting that Strickland has a history of committing fraud, evidenced by a 2005 incident in which the sheriff damaged his own car, filed an insurance claim, and ultimately pled guilty to misdemeanor insurance fraud as a result. It also notes that despite Stickland claiming he was suffering from permanent, debilitating injuries, there is evidence of him working in his garage with power tools, and carrying boxes just days after the incident with Ujiri.

Stickland’s legal team has not issued a public response to the suit at this time.

Accident Attorney Alameda - Braff Accident Lawyers (510) 373-0088

Braff Accident Lawyers 2315 Lincoln Ave Unit 2 Alameda, CA 94501 (510) 373-0088

https://braffaccidentlawyers.com/alameda/

A Lie Under Oath to an Insurer is a Felony

Posted on July 9, 2020 by Barry Zalma

Swinger Shot by Unhappy Swinger Lies to Get Insurance Benefits and is Convicted of Fraud and Perjury

John Alfonzo Smiley and Cynthia Biasi-Smiley were both charged with presenting a false and fraudulent insurance claim, insurance fraud, concealing an event affecting a person’s right to insurance benefits, two counts of attempted perjury, and presenting a false claim to a state board. A jury found both defendants guilty of the two attempted perjury counts and could not reach a verdict on the other charges. At a subsequent bench trial, defendants were each found guilty of the remaining counts. The trial court suspended imposition of sentence as to the defendants and placed them both on five years of formal probation.

In The People v. John Alfonzo Smiley, The People, v.  Cynthia Biasi-Smiley, C081566, C081737, Court Of Appeal Of The State Of California Third Appellate District (Sacramento) (June 26, 2020) the defendants appealed their convictions for attempted perjury but not the other counts.

BACKGROUND

The Shooting and Statement to the Police

In 2008, Smiley was a correctional officer for the Department of Corrections and Rehabilitation, driving and escorting inmates from one secured facility to another. He and Biasi-Smiley were married. On April 27, 2008, he was shot in the back and rendered paraplegic while walking with his wife in the North Beach section of San Francisco. Smiley and Biasi-Smiley were interviewed about the incident by San Francisco police and gave the following rendition of the events:

Defendants went to Twist, a swingers club in North Beach.  Arriving at around midnight, they paid the $80 entrance fee and went upstairs to the “play area,” where people were engaging in sex in plain view.

Biasi-Smiley took off her dress and performed oral sex on Smiley. An attractive young woman came up to them, and a young, well-dressed man with the woman motioned to Smiley. Smiley and the man nodded at each other, indicating an agreement to switch partners. Smiley and the other woman began engaging in intercourse, as did Smiley-Biasi and the other man.

After a couple of minutes, the man came over and accused Smiley of not wearing a condom.  The, believing Smiley did not use a condom, asked Smiley if he had a weapon; Smiley said he did not. The man then told Smiley, “I got a nine, and I’m going to kill you.”

As the Smileys walked to their car, a luxury sedan sped up from behind, pulled up sideways, and stopped. The man from the club got out of the car and said, “I told you I’m going to kill you.” Smiley and Biasi-Smiley started to run but the man shot Smiley in the back, rendering him paraplegic.

The Claims

In April 2009, Smiley filed a workers’ compensation claim, asserting he had been shot by a former inmate. Neither Smiley nor Biasi-Smiley mentioned, either on the form or to the adjuster, being at Twist, Smiley’s having sex with the other woman, or his being threatened by her companion due to his alleged failure to wear a condom.

The claim sought a permanent disability payment of more than $2 million, plus a like amount in home health expenses, for a total claim of around $4 million. The claim was estimated by the State Compensation Insurance Fund (SCIF) to be worth $2.44 million. Biasi-Smiley subsequently filed a lien for $271,680 against Smiley’s workers’ compensation claim for ongoing medical expenses.

Smiley claims were denied and he appealed the denial; he and Biasi-Smiley were deposed by an SCIF attorney on October 15, 2009. Smiley told the deposing attorney he constantly faced threats of violence from inmates. According to Smiley, one time an African-American inmate from Alameda County did not like the way Smiley was talking to him and threatened to “put some le[a]d” in Smiley.

In her first deposition she testified the man said to Smiley, “You know what I do for a living? I kill people. And I’m going to kill you.” Smiley said to Biasi-Smiley, “Let’s go. That’s a parolee.”

SCIF incurred costs of $22,176.36 for medical evaluation, investigative expenses, and legal fees associated with the claim. Smiley filed a disability retirement selection with California Public Employees’ Retirement System (CalPERS) on March 4, 2010, seeking “industrial disability” benefits. These benefits were available only if the disability was work-related, with much greater monthly payments than those for retirement due to disabilities not related to work. CalPERS generally defers to SCIF when determining whether an injury is work-related.

CalPERS denied the request for industrial disability, but approved him for regular disability retirement. Smiley’s monthly disability check was $574 at the time of trial. He would receive $3,002 a month with a retroactive payment of $18,717.63 had his work-related disability retirement been approved.

Defense Evidence

Testifying on his own behalf at the jury trial, Smiley maintained he told the truth at both depositions. He did not mention the swingers club incident during the deposition because he did not believe it had anything to do with the shooting, and the condom issue was a known risk of a partner swap. Smiley thought the shooter agreed to swap partners because he did not immediately recognize Smiley as a correctional officer, and later used the condom allegation as a ruse so he could try to kill Smiley. He recognized the man was an Alameda County parolee two days after the shooting.

DISCUSSION

The elements of perjury are a willful statement, made under oath, of any material matter which the declarant knows to be false. The appellate court’s sole function is to determine if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. The making of a deposition is deemed to be complete from the time when it is delivered by the accused to any other person, with the intent that it be uttered or published as true. A “complete” deposition transcript is one that has been executed, i.e., signed by the deponent. If a defendant has not signed his or her deposition, it may not be used to convict him or her of perjury.

There is no evidence either affidavit was signed by Smiley or delivered. Rather than being prosecuted for perjury, Smiley was charged with and convicted of attempted perjury. An attempt to commit a crime consists of two elements: a specific intent to commit the crime, and a direct but ineffectual act done toward its commission. Perjury cannot be committed unintentionally so attempted perjury is a crime.

There is ample evidence Smiley knowingly made false, material statements in both depositions about the events leading up to his shooting. Also, Smiley had motive to make these false statements. If his misrepresentations about the cause of his shooting were believed, his injury could be deemed related to his work and he would stand to receive significantly more money than if the injury was found not work-related

Sufficient evidence supports an intent to commit the crime of perjury by making false material statements in the depositions in order to collect substantially larger payments from the state. Making those false statements with that intent but failing to sign and execute the depositions is a classic example of an attempted crime, a specific intent to commit perjury with a willful but ineffective act to do so.

Sufficient Evidence of Presenting a False Claim

A person aids and abets the commission of a crime when he or she, acting with (1) knowledge of the unlawful purpose of the perpetrator; and (2) the intent or purpose of committing, encouraging, or facilitating the commission of the offense, (3) by act or advice aids, promotes, encourages or instigates, the commission of the crime. Biasi-Smiley helped Smiley fill out the claim form he submitted to CalPERS that forms the basis of the section 72 charge. She filled out all or parts of six pages of the eight-page form. She filled out all of page two, which included the statement that Smiley was shot in the back by a parolee. She also signed the form, which could not be processed without the signature.

The trial court could reasonably find that filling out most of the form and signing it was an act to facilitate Smiley’s fraudulent industrial disability retirement claim to CalPERS, she did so with knowledge of the claim’s fraudulent purpose, and did so with the intent of facilitating the fraudulent claim. Substantial evidence supports her conviction on an aiding and abetting theory.

ZALMA OPINION

It is unfortunate and sad that a correctional officer of the state of California was willing to lie to obtain benefits he knew, or should have known, he was not entitled to receive. That he was shot in the back by a “swinger” who was offended that he had sex with a strange woman at a swingers club without a condom, clearly had nothing to do with his occupation. Creating a story that the shooter was a parolee and getting his wife to support the false claim resulted in both of them being convicted of insurance fraud and attempted perjury. They were fortunate that they were only sentenced to probation.

© 2020 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant  specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He practiced law in California for more than 44 years as a

n insurance coverage and claims handling lawyer and more than 52 years in the insurance business. He is available at http://www.zalma.com and [email protected].

Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award.

Over the last 52 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals.

Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts

Go to Zalma on Insurance on YouTube- https://www.youtube.com/channel/UCFg7qxC0tVgKcMUqoUfnwPw

Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/

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Andrew Dósa-civil attorney in Alameda County CA explains the first steps an injured party must take to help their future claim or lawsuit! For more information contact us at 510-333-4564.

Death of 74-year-old in immigration jail is seen as suicide

BAKERSFIELD, Calif. — A 74-year-old South Korean man died of apparent suicide at a U.S. immigration detention centre after advocates said they unsuccessfully sought his release, citing a high risk of his being infected with the coronavirus.

Choung Woong Ahn was found unresponsive in his cell Sunday at the Mesa Verde ICE Processing Center in Bakersfield, California, and efforts to revive him were unsuccessful, U.S. Immigration and Customs Enforcement said in a statement.

The preliminary cause of death was self-strangulation, but the agency said the case remains under investigation.

Ahn, who had been held at Mesa Verde since Feb. 21, had diabetes, hypertension and heart-related issues, according to the American Civil Liberties Union of Southern California, which identified him as Choung Won Ahn. ICE rejected pleas from a coalition of attorneys to release him on bond.

ICE said Ahn was lawfully admitted to the United States as a permanent resident in 1988 and convicted in 2013 in Alameda County, California, of attempted murder with an enhancement for using a firearm. He was sentenced to 10 years in state prison.

ICE said it took custody of Ahn after his release from prison and that a federal judge denied a request for bond last week while he was in deportation proceedings.

Young Ahn, the deceased’s brother, said he was angry and upset.

“He did not deserve to be treated this way,” he said in a statement released by the ACLU. “He’s a human being, but to them, he’s just a number. There are other people in the same situation. It shouldn’t be happening again.”

The Bakersfield facility has had an average daily population of 334 since Oct. 1 and is managed by The Geo Group Inc. under contract with ICE.

The agency says 1,073 detainees have tested positive for the virus out of 2,172 tested, with no positive test results at the Bakersfield facility. ICE had nearly 28,000 people in its custody nationwide as of May 9.

The Department of Homeland Security’s internal watchdog has opened a nationwide investigation into whether ICE has responded appropriately to the virus to protect staff and detainees, according to a letter released Tuesday by U.S. Sen. Tom Udall, a New Mexico Democrat.

Also Tuesday, ICE began flying Mexican deportees to Mexico City from San Diego in what authorities said was an effort to reduce the risk of coronavirus spreading in Mexican border cities and in the U.S.

The Border Patrol said in a statement that passengers are medically screened and required to wear masks during flight.

The Border Patrol said the Mexican government chose Mexico City as the destination for the flights originating in San Diego.

The Associated Press

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