Home
Firm Overview
Attorney Profiles
Legal Support Staff
Bail Bonds
Family Law Articles
Criminal Law Articles
In the News
Contact Us


« Is Brit Fit? Part 1 Of 2 | Main | What's In A Name? »

Is Brit Fit? Part 2 Of 2


Is Britney Spears fit to be a responsible parent to her two sons? Family law attorney Don Schweitzer provides legal commentary on this topic while on FOX News.

« Britney Spears Custody Crisis | Main | Is Brit Fit? Part 2 Of 2 »

Is Brit Fit? Part 1 Of 2


Is Britney Spears fit to be a responsible parent to her two sons? Family law attorney Don Schweitzer provides legal commentary on this topic while on FOX News.

« Principal Forces Teens To Apologize On Hands And Knees | Main | Is Brit Fit? Part 1 Of 2 »

Britney Spears Custody Crisis


While on FOX News, family law attorney Don Schweitzer provides legal commentary on the Britney Spears and K-Fed custody battle. During the recent court hearing, the judge ordered Ms. Spears to submit to random drug testing and is allowing her only supervised visitation with her sons.

« Arrest Of Unruly Teen Caught On Tape | Main | Britney Spears Custody Crisis »

Principal Forces Teens To Apologize On Hands And Knees


A mother in Waterford, California, says she is furious after a high school principal allegedly forced her son and another boy apologize for fighting by getting on their hands and knees. Did the principal go too far? Criminal defense attorney Don Schweitzer addresses this issue while on FOX News.

« Historical Or Retro-Active Real Estate Appraisal Valuation | Main | Principal Forces Teens To Apologize On Hands And Knees »

Arrest Of Unruly Teen Caught On Tape



Have you seen the video of the teenager who was arrested in Ft. Pierce for curfew violations? If not, please take time to view it now: Click Here

According to Officer Dan Gilroy’s report, he stopped and detained the fifteen year old girl who was out past curfew and was carrying a bag of clothing, which the officer suspected may have been stolen.  When the officer attempted to place the teenager under arrest for the curfew violation, the young lady resisted arrest while the officer attempted to place her in handcuffs. 

At some point in the encounter Officer Gilroy decided he needed to record the arrest, so he walked the young lady to his patrol car and turned on the camera.  The video tape of the remaining portion of this incident shows the teenager biting the hand of the officer.  The officer is then seen striking the teenager and spraying her with pepper spray.  He eventually gets the handcuffs on the teenager and completes the arrest.

The headline to this story has been incorrectly titled, “Dramatic arrest caught on camera in Ft. Pierce.”  After viewing the video of this incident, the correct title should have been: “Teenage curfew violator gets caught assaulting a police officer and resisting arrest.” 

 

Can there be any question that this teenager was resisting arrest?  After all, how many times did the officer tell her to place her hands behind her back before he used force (I counted ten)?  And why would the officer make such an effort to get the camera rolling if he did not believe he needed to protect himself?

When a person assaults a police officer and then resists arrest, there will be force used by the officer in apprehending the suspect.  The officer has to use reasonable force necessary to effectuate the arrest.  As a former police officer, I can tell you that the biggest challenge any street cop has is using self restraint when encountering a person who refuses to be placed under arrest.  At the academy officers are trained to protect themselves, but to use no more force than is necessary for the situation. The type of force a particular officer uses will always depend on that officer’s physical skills and his perception of the force used against him.

In this case the force used by the officer may not look pretty (it never does), but it was entirely reasonable under the circumstances.

What other methods of force could the officer employed?  He could have wrestled her to the ground or used a “come along hold” (a method of twisting the suspects arm to cause compliance), or he may have choked her out with his baton.  In any case, the type of force would have caused pain and not have looked pretty.

My message to the teenager and her family:  Do not violate curfew; and when you are stopped by the police, obey their commands and you won’t have these problems. 

If you believe you were wrongly accused of a crime, hire an attorney, and fight the charges.  If you believe you were being picked on by the police, hire an attorney, and sue the department.   There are plenty of us wily attorney’s who are more than happy to take your case.  However, the last thing you want to do is bite the hand of the officer who is attempting to coax you into submission.  Unless, of course, you want to know what it feels like to have pepper spray poured in your face!

Written by Don Schweitzer

« Despite Housing Slowdown, Today's The Time To Buy. Can You Afford To Purchase If Prices Or Interest Rates Rise? | Main | Arrest Of Unruly Teen Caught On Tape »

Historical Or Retro-Active Real Estate Appraisal Valuation

If you need to know the value of a piece of real estate anywhere from a month ago to a decade ago, it can be done. I’ll show you how it can be done, how it can benefit you, and how an appraiser arrives at value even long after you have sold and moved away. As an experienced appraiser in Southern California with over 20 years experience I would like to share my real estate experience with you.

What is a historical appraisal? Really all appraisals are just a snap-shot of time. Most appraisals are for current market value. So the very day the appraiser comes out and inspects the property the value is valid on that date only and could become no longer valid the very next day. There could be an economic or natural disaster that could change the value overnight. With a historical appraisal the effective date is what the property was worth on that required date, anywhere from last month to 10 or more years ago.

What is the purpose of a historical appraisal? Many and varied reasons. Many accountants and financial planners need to determine the value of property held in estate when the owner dies. This is known as a “Date of Death” appraisal. The IRS will want a professional appraisal in the file to document the value as of that date. Attorneys use the historical appraisal to determine what assets belong to which party. For example let’s say a single person bought a home in 1985 but met and married current spouse in 1995 and separated in 2005. It would be important to know the fair market value on those dates for fair and equitable dissolution. The same would be true of business partners in a property or even family members that pooled financial resources but need to move on.

Are there limitations to what can be done? You would think if you had sold the property years ago and moved away that it could not be done. That’s not true. I recently appraised a property 10 years back, that at the time it was only 1/2 the size, was before the swimming pool, and the owner sold and moved out long ago. In this case an exterior “drive-by” appraisal was called for and the house was valued based on the previous size, minus the pool and without bothering the new owner. In this case both opposing appraisals came in very close to each other and settlement was that much easier.

A historical appraisal sometimes involves similar principles of New Construction Appraisals where only specifications on paper exist and the appraiser determines the value as if completed to your plans and specs. This is sometimes referred to as a Feasibility Study and used to determine if what you plan on building is worth what you expect it to be worth and what adjustments in the build will increase or decrease value.

In these more complicated retro-active or historical appraisals it is important to find an appraiser with years of experience in that market area. An appraiser with sufficient experience may have insight in this area before, during and after changes that have occurred over the last 20 years in that target market. Additionally there are certain appraisal formats that are acceptable for use and others that are in direct OREA violation.

Lastly in historic appraisals, the use of comparable data must all fall before the effective date of the appraisal. If your effective date is 1-17-94 all sales comparables must fall before that date, none after. If for example you needed to know the value of a property sometime around the Northridge earthquake, using sale comps before or after would have tremendous impact on that value.

If the appraisal is for court work we may be called on the witness stand to testify to our report and defend it against the opposing attorney and his witness. There are additional fees for this type of testimony. As a professional appraiser it’s my responsibility to be the best possible resource for my client.

Written by

Clifford Diamond, CREA

cliffthumbnail

© 2006 Law Offices of Donald P. Schweitzer
201 South Lake Avenue Suite 700 Pasadena, Ca 91101
DISCLAIMER - Using this website does not create an attorney client relationship between you and the Law Offices of Donald P. Schweitzer or any individual attorney. None of the materials available at this site constitute legal advice. This site has been designed to provide you with general information regarding our firm, our attorneys, and the types of services we provide. If you need legal advice, or desire to establish an attorney client relationship with any of the firm's attorneys, please contact us.