Litigation

Probate, Elder Abuse, Entertainment,

Real Estate, Judgement Collection

and Criminal Law.

Probate

The Law Offices of Vincent Miller specializes in handling Probate matters. We protect your inheritance and preserve your loved ones’ legacy with our expertise in handling administration of revocable trusts, Probate administration, will contests, and revocable trust challenges. Probate is a court supervised process that takes place after someone dies without a living trust. An interested person retains our firm to open probate. If the decedent died with a will, we will file a Petition to appoint the person nominated as executor as executor of the estate. If the person dies without a will, they have died “intestate,” and the laws of probate will govern how their estate is distributed.

Probate Litigation

The Law Offices of Vincent Miller has experienced much success representing clients in probate litigation. Probate litigation is sometimes needed to protect the rights of a decedent’s beneficiaries and heirs, oftentimes as a result of a poorly drafted will or a dispute between family members. Attorney Vincent Miller has made one of his calling cards contesting improper wills and defending proper wills from contests. A will contest is a lawsuit that seeks to prevent a certain disposition of someone’s assets upon his or her death. It involves trying to “knock out” a will and to stop a court from accepting that will as a valid legal document. If you have encountered a dispute regarding a loved one’s estate that has escalated to the point where litigation is necessary, the Law Offices of Vincent Miller can protect your legal rights and advocate for a favorable resolution on your behalf.

Elder Abuse

Senior citizens are among the most vulnerable people in our society. Unfortunately, with an increase in the number of senior citizens in our society, we are seeing an increase in incidents of elder abuse. Many seniors around the country are being abused, and harmed in substantial ways, often by people who are responsible for their care – be it family members or nursing care providers of home and residential care facilities. The Law Offices of Vincent Miller are highly skilled attorneys who have taken on the largest nursing home operators in elder abuse, negligence, and wrongful death cases. If you suspect skilled nursing home abuse, discuss your concerns as soon as possible with our attorneys.

Contact is immediately to get the informed assistance you need to ensure the health and well-being of your loved ones. Many of our cases have involved falls by senior citizens at nursing homes. We have also many times discovered that the nursing home operators have covered up the incidents of abuse with falsified medical records. We work hard to ensure the responsible party is held accountable and you are able to find full legal satisfaction.

The State of California gives elders, and dependent adults special legal protection to prevent abuse.

What is elder/dependent abuse?

Elders are defined as anyone (a) 65 and older and (b) living in a care or custodial setting, such as in a nursing home. Dependent adults are defined as anyone (a) 18-64 years of age and (b) dependent on others due to a physical, emotional, or mental disability.

Elder abuse and dependent abuse refer to the neglect, exploitation, or “painful or harmful” mistreatment of an elder or dependent adult. Such abuse might involve physical violence, psychological abuse, isolation, abandonment, abduction, false imprisonment, or neglect by a caregiver.

Evidence that your elderly loved one is the victim of abuse:

Bruises, cuts or scrapes, bedsores, pressure sores, malnutrition, mood swings, mood change or emotional withdrawal, dehydration, weight loss, over-medication, Fearful behavior in the presence of skilled nursing home staff, Unsanitary conditions, Sudden or unexplained changes to a will, money transfers or withdrawals.a at

Employment Law

The Law Office of Vincent Miller has won many employment law cases, including several police citations. It is important to understand your employment rights and that you are protected by state and federal laws. Your job should be a positive experience and not a hostile environment. Your employer can’t fire you because of your gender or sexual orientation, race or national origin, or for being over the age of 40. Your employer also can’t fire you because you complained about workplace sexual harassment, unsafe conditions or illegal activities in the workplace, or about not receiving overtime pay. Laws protect victims of wrongful termination, demotion or suspension, including cases of discrimination. If you have been harassed, discriminated against and/or wrongfully terminated, the Law Offices of Vincent Miller will vigorously defend your rights.

Workplace Discrimination
The law entitles disabled employees to fair and equal treatment and requires employers to provide reasonable accommodation for disabled employees. The pressures of the workplace can be stressful. When you are discriminated against in the workplace because of your disability, this stress is magnified. Such discrimination can affect every aspect of your life, from your career to your relationships with family and friends and your personal time. You have the right to work in an environment that is free from discrimination and harassment. If you feel you have been discriminated against for any reason, do not hesitate to seek legal consultation.

Sexual Harassment
Failure by an employer to stop workplace sexual harassment is punishable by law. Sexual harassment can happen in many forms and often includes inappropriate touching, a supervisor continually asking an employee out for a date, and co-workers making sexual jokes. If you have been harassed by an employer, supervisor or coworker, you may be entitled to damages due to emotional distress. Emotions often run high when you feel like you have been the victim of sexual harassment at work. It can be embarrassing and even humiliating, leaving you feeling defeated or angry. Sometimes, legal action is your best recourse.

Family Medical Leave Act (FMLA)
The Family Medical Leave Act (FMLA) provides protection for employees who need to take time off from work due to the birth of a child, illness, or to care for a sick family member. Employers can be held financially liable for denying employees their rights under FMLA, or for wrongfully terminating an employee for properly exercising his/her FMLA rights.

Entertainment Law

The Law Offices of Vincent Miller zealously advocates for its clients in the entertainment business. The Law Offices of Vincent Miller assists with developing young talent, film company formation, and guiding a film production from inception to production to distribution. The Law Offices can represent clients in transactions involving the development, financing, production, home video and distribution of motion picture, television and interactive projects.

In addition, attorney Vincent Jay Miller has an extensive background in the entertainment industry on the business and creative side. Miller serves as the CEO of a film production company and directed, produced, and wrote the independent film hit, “Gabriela.” Attorney Michael Miller has written several produced screenplays including “Joan of Arc” for CBS.

Miller also coordinated the successful marketing campaigns for several independent and studio films and participated in theatrical distribution of feature films.

Motion Picture/Television Services Include:

• Online commerce and new media

• Financing and investor agreements

• Partnership and LLC Operating Agreements

• Production agreements

• Actor deal memos and agreements

• Distribution agreements

• Literary rights and Option agreements and other matters relating to underlying rights.

• Registration of copyright and copyright searches

• Merchandising and Licensing

• Product placement releases

Music Services Include:

• Band and Management agreements

• Recording Artist agreements

• Songwriter Agreements

• Music publishing agreements

• Licensing and contract negotiation

• Work for Hire agreements

• Copyright License/assignments

Real Estate Law

We handle both commercial and residential real estate matters and represent investors, developers, general contractors, construction companies, homeowners, commercial property owners, investors, landlords, and tenants. We assist individuals and businesses at all stages of a real estate transaction, from the negotiation of terms to the preparation of documents and through the sale and closing.

We can represent clients in real estate litigation in many areas including, breach of contract, landlord/tenant issues, purchase and sale transaction disputes, fraud claims, and boundary disputes.

Judgment Collection

The Law Offices of Vincent Miller assists clients with collecting monies owed to them on judgments and settlements since 1997. Unfortunately, often when there is an award of a judgment, the debtor refuses to pay or cannot be found. We will do our best to locate the debtor and use several different types of legal strategies to collect the money they owe you, including attaching any unprotected assets of the debtor to force payment of the debt. We also provide enforcement of judgments of child and spousal support orders.

Criminal Law

The Law Offices of Vincent Miller provides strategic criminal defense in many areas including drug offenses, theft crimes, assault and battery, embezzlement, white collar crimes, and all other misdemeanor offenses. We strive to use the most effective and proven strategies to minimize the damaging consequences when clients are facing serious charges. Our team believes that every citizen deserves experienced and aggressive counsel. Our goal is for our reputation and success to be built on our ability to get results in all types of cases.

 

Our areas of defense include:

  • Assault
  • Domestic Violence
  • Burglary
  • Arson
  • Marijuana
  • Prostitution
  • Drug Crimes
  • Sex Crimes
  • Embezzlement
  • Extortion
  • Theft Crimes

DUI

Experienced Los Angeles DUI Lawyers

As soon as you have been arrested for drunk driving, it is in your best interests to contact an experienced and dedicated Los Angeles DUI lawyer. The Law Offices of Vincent Miller defends clients accused of DUIs and we use the most effective defense strategies available depending on the defendant’s charges and circumstances. There are several grounds upon which we may be able to challenge your DUI charges, such as the police lacking probable cause to make the arrest, violation of Miranda rights, insufficient evidence, improperly done chemical or breath tests or inaccurate results, witnesses contradicting police testimony, etc.

When arrested, remember that you have a legal right to speak with an attorney. When you speak with law enforcement everything you say may be used against you, so it is very important for you to be careful about what you say to the police before speaking with us. California has two basic drunk driving laws, found in Vehicle Code section 23152, section 23152(a):  It is a misdemeanor to drive under the influence of alcohol and/or drugs, and section 23152(b): It is a misdemeanor to drive with .08% or more of alcohol in your blood. In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of both offenses — but can only be punished for one.  

The arresting officer confiscates your driver’s license following your arrest and sends it to the California DMV. The DMV will automatically suspend your driver’s license, starting after the 30-day temporary license expires unless you request a DMV hearing within ten days of your arrest. If you request a DMV hearing within 10 days it will delay any drivers license suspension until the outcome of the hearing is determined. If you win your hearing, no suspension is imposed,  but you could still get a separate suspension if you get convicted of DUI in court. So, make sure that you request a DMV hearing within 10 days of your arrest. It’s important to have an attorney begin representing you prior to the DMV hearing.

Your court case begins with arraignment and ends when you are either acquitted of or sentenced for your charges. If you plead not guilty, your California DUI lawyer will be able to review and challenge all of the prosecution’s evidence. This includes a copy of the police report and access to the maintenance records of the chemical testing instrument, including whether there was recent calibration, that were used. Once your attorney at the Law Offices of Vincent Miller has gathered all of the evidence, he will be able to negotiate the best possible deal for you. DUI1

 

Second DUI Offense

A California DUI second offense can carry much harsher punishment than a first offense. State law classifies any person who has been convicted of driving under the influence within a ten-year period as a repeat DUI offender. It goes without saying that the need is even greater for the kind of high quality representation the attorneys at the Law Offices of Vincent Miller provide. We strongly discourage clients from attempting to represent themselves whether they are facing a first or second DUI.

 

DUI Expungement

After you have completed the requirements, including probation, imposed by the court, we can assist you in getting your DUI removed from the records that prospective employers and others might look at to make decisions. If you are not facing any current charges or on probation for another offense and your sentence did not involve state prison (as opposed to county jail), California allows you to have your DUI conviction expunged after you complete your probation. If you were not placed on probation, you can have your record expunged one year after your conviction. DUI expungement allows you to honestly and legally say you have not been convicted of a crime.