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加州罪犯提前释放 – 最新投票措施

Topics: Criminal Defense, Immigration

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数千名因非暴力犯罪在加州监狱服刑的囚犯最终可能有资格提前释放。 我们的刑事辩护律师提供有关今年 11 月投票措施的最新消息。

新投票措施

州长杰里·布朗 (Jerry Brown) 于 2016 年初提出的投票措施可以让被判犯有非暴力犯罪的囚犯提前释放。 有资格提前释放的囚犯需要参加监狱教育计划或表现出良好的行为才能获得学分。 如果到 6 月底至少收集到 585,407 个签名并经过认证,该倡议将被添加到今年 11 月的选票中。

反对提前释放投票措施

提议的投票措施将导致非暴力罪犯提前释放,但也有一些反对者。 加利福尼亚州检察官指控,当与其他刑事司法投票措施相结合时,增加的投票措施是非法的。 不过,加州最高法院裁定此举并不违法。 一些检察官还表示担心,这项新的投票措施将使他们难以进行辩诉交易谈判。

支持提前发布投票措施

推出提前释放投票措施的主要原因之一是美国最高法院2011年的裁决,命令加州在一定期限内减少监狱过度拥挤的情况。 布朗正试图通过告知公众该州可能被迫释放囚犯以解决人满为患的问题来争取对新投票措施的支持。 投票措施将有助于确保只允许非暴力罪犯提前离开监狱,而不是强制释放。 在第 47 号提案的帮助下,该州已经能够在一定程度上减少监狱人口,该提案将曾经被视为重罪的持有毒品指控定为轻罪,并在加利福尼亚州和其他州使用私人监狱。

那些在加州被指控或定罪非暴力犯罪的人应该记住,如果添加这项投票措施并获得多数票,他们可能有资格提前释放。

如果您被指控犯罪或正在寻求法律帮助,请立即联系 Scott Warmuth 律师事务所与刑事辩护律师交谈。 我们在圣盖博、工业城和洛杉矶设有办事处。

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How Does Prop 57’s Passing Affect California Criminal Law?

Topics: Criminal Defense

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A significant change in California’s criminal law came into effect last November 8, which was perhaps overshadowed by both the presidential election and the legalization of recreational marijuana within the state of California (although it remains illegal under federal law). That change was the passage of Proposition 57, which provides more opportunities for early release and reduced sentences for those defendants who have been convicted of crimes in the past. While a defendant’s primary goal remains a not guilty finding or dismissal of charges, Proposition 57 will help many prisoners within our state’s prison system to work towards a brighter future. Proposition 57 also changes how juveniles can be charged under California criminal law.

Proposition 57 Explained

The main aspects of Proposition 57 are as follows:
  • Parole Available to More People: Under California’s infamous “three strikes” law, many repeat offenders were not eligible for parole and faced incredibly harsh sentence enhancements above and beyond the sentence applicable to their crime. Pursuant to Proposition 57, many non-violent offenders who have served their full sentences (not including sentence enhancements) are newly eligible for parole.
  • Uniform Parole Credits: Under Proposition 57, convicts serving time in California prisons now have expanded opportunities to win reduced sentences for good behavior and educational or rehabilitative achievements.
  • Juvenile Crimes: Previously, prosecutors had the sole discretion over whether to try minors who are 14 or older in either juvenile court or as an adult. Trying a minor as a juvenile generally means the minor will face less harsh penalties. Now, judges (and not prosecutors) will make the decision on whether charges should be brought in juvenile or adult court.
If you believe you or a family member may be eligible to take advantage of Proposition 57’s expanded protections and opportunities for those in prison or facing charges, contact an experienced criminal defense attorney today.

Contact a Southern California Criminal Defense Attorney Today

The criminal defense attorneys at the Law Offices of Scott Warmuth will be at your side every step of the way from initial police investigations through any prosecutorial proceedings. Our multilingual staff is here to help targets of criminal investigations and prosecutions across Los Angeles and Southern California. Contact us today to set up an initial consultation regarding your circumstances.
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Should Workers’ Compensation Be Offered to Gig Economy Workers?

Topics: Personal Injury, Workers' Compensation

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With the economic landscape changing to include more and more gig workers, concerns over on-the-job injuries have begun to arise. Gig economy workers do not typically get workers’ compensation from the companies they work for. This can put a big financial burden on these workers since they, instead of the employer, are responsible for covering the entire cost of their medical care. It’s also important to note that some of these jobs, including those that involve driving, are considered among the most hazardous ones in the U.S., according to Quartz. This begs the question: should companies start offering this coverage to gig economy workers? Employee vs. Independent Contractor People who work in “on demand” jobs, or gig economy jobs, are not considered company employees. Instead, they are considered independent contractors. As contractors, they are not likely to receive benefits and coverage that companies generally offer their full-time and part-time employees. Such benefits would include workers’ comp and health insurance. Offering contractors compensation for injuries on the job would require companies to pay premiums in addition to the expense of covering regular employees. Rather than take on this cost, many companies do not make workers’ comp available to contractors. When contractors are injured on the job, they are forced to pay for hospital expenses and other medical care on their own. When contractors are unable to pay, these costs are passed on to the general public. Reasons to Offer Workers’ Comp One of the main arguments in favor of offering workers’ comp to gig economy workers is that employees who perform similar types of work, like those who work for construction companies, do receive this coverage. Other workers who are not technically considered employees, such as cab drivers, are able to receive workers’ comp thanks to state agency regulations. Possible solutions to this problem include taking a different approach to making workers’ comp available to gig economy workers that is similar to how the Affordable Care Act has made health coverage available to contractors. Another possible solution would be to make contractors responsible for covering some of the expenses and have the contracting companies cover the rest, including workers’ compensation. Since gig economy workers are allowed to unionize, organizing and bargaining for coverage could present another potential solution. If you have been injured at work, please contact the Law Offices of Scott Warmuth at 1-888-517-9888 to speak to an attorney who handles workers’ compensation cases.   Sources http://qz.com/715131/gig-economy-workers-injured-on-the-job-should-get-workers-comp-protections/  
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The A-B-C’s of Criminal Defense Strategies

Topics: Criminal Defense

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Being accused of a criminal offense can be life-altering. If you end up being charged for the offense, your life could be permanently changed with the potential to face years in prison. Fortunately, there are several effective criminal defense strategies that have been proven time and time again. These strategies are designed to give you all the legal benefits afforded to you by the United States Justice System and ensure that you are truly "innocent until proven guilty." Here are just a few of the most popular criminal defense strategies: Suppressing evidence in court: While "suppressing evidence" sounds strange, the reality is that this is a common method of improving a defendant's prospects in the courtroom. Suppressing evidence involves the lawful process of disqualifying specific pieces of evidence because they were acquired unlawfully. For example, evidence that was taken in violation of the Fourth Amendment could be inadmissible in court, so long as the criminal defense lawyer moves to suppress the evidence. Creating a truthful story that offers the best chance of a reduced (or eliminated) sentence: Quite often the defendant will take the stand, and then be examined and cross-examined by the defendant's lawyer and the prosecutor. Therefore, it is incredibly important that the defendant and their criminal defense lawyer work together to ensure that every part of the story makes sense. This helps to ensure that the prosecution cannot poke holes in the testimony (thereby creating doubt in the minds of the jury). Even defendants who had absolutely nothing to with what they’ve been accused of can get nervous and say something they didn't mean to say – which is why practicing is extremely important. Utilizing expert witnesses: In many cases, the evidence won't necessarily point directly to the defendant; instead, it will be interpreted by the prosecutor in a way that links it to the defendant. Retaining one or more expert witnesses is an excellent way of bringing into question the validity of those interpretations. Remember, all a criminal defense strategy needs to do is establish enough reasonable doubt that a "not guilty" verdict is reached. If you are not a U.S. citizen, for example, you are undocumented or have a visa or a green card, the consequences of a criminal conviction could be even more harmful for you. That is why it is best to work with a team that has both criminal and immigration experts who can advise you. Retaining a criminal defense attorney who understands the intricacies of the law, and who is also willing to fight in court for you, is essential to any successful criminal defense strategy. We encourage you to contact The Law Offices of Scott Warmuth at 1-888-517-9888 to find out which criminal defense strategy will work best for you.
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A Quick Guidebook for Injured Workers

Topics: Personal Injury, Workers' Compensation

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Unfortunately, many employees fail to realize their basic legal rights as they pertain to the California workers' compensation system. The primary purpose of work injury laws in California is to protect workers and allow them to request benefits that they may be entitled to following a workplace injury. This guide serves as an overview of workers' compensation laws. While no two workers' comp instances are exactly alike—by having a general understanding of how workers' compensation works in California, you can better protect yourself in the workplace. Furthermore, if you are part of a union or labor agreement, be aware that you may be entitled to additional rights beyond what is laid out in workers' compensation laws. Workers Who Have Been Injured If you have been injured on the job in California, you are encouraged to learn more about the immediate steps you need to take after getting hurt (if you haven't already done so). These may include:
  • seeking medical attention
  • obtaining an incident report
  • filing a workers' compensation claim
Gathering a Paper-trail You will also need to learn what steps will be necessary to successfully file your workers' compensation claim, including stipulations on how long you have to do so.  The time limits are very strict, and you may lose your rights if you do not make a claim timely. Other aspects of workers' compensation you may want to learn more about include:
  • medical care and medical reports
  • temporary disability benefits
  • permanent disability benefits
  • returning to work after an injury
  • supplemental job displacement benefits
  • return-to-work supplement programs
Above all else, one of the best things you can do for your case is to consult with an attorney—one who specializes in work injury care and rights. An experienced attorney will be able to assist you through the often-complicated claims and appeals process, and represent your best interests in court. Being injured on the job can be a terrible experience, but you can get through it easier if you understand your rights as well as the proper legal procedures necessary for handling workers' compensation claims here in California. If you have been injured on the job, please contact the Law Offices of Scott Warmuth to speak with an experienced workers’ compensation attorney, or to request a free consultation. Source:http://www.dir.ca.gov/InjuredWorkerGuidebook/InjuredWorkerGuidebook.pdf