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Early Release for Convicts in California – Latest Ballot Measures

Topics: Criminal Defense, Immigration

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Thousands of inmates serving sentences in California prisons for nonviolent crimes could end up being eligible for an early release date. Our criminal defense attorneys offer the latest news on this November’s ballot measure. New Ballot Measure Governor Jerry Brown’s proposed ballot measure, which was introduced in early 2016, could make it possible for inmates who have been convicted of nonviolent crimes to be released early. Inmates who are eligible for early release would need to participate in prison education programs or demonstrate good behavior in order to earn credits. This initiative will be added to this November’s ballot if at least 585,407 signatures are gathered and certified by the end of June. Opposition to the Early Release Ballot Measure The proposed ballot measure that would result in early release for nonviolent offenders has its share of opponents. Prosecutors in California accused the ballot measure addition of being unlawful when it was combined with a different criminal justice ballot measure. However, the California Supreme Court ruled that this move was not unlawful. Some prosecutors have also expressed concern that this new ballot measure would make it difficult for them to negotiate plea bargains. Support for the Early Release Ballot Measure One of the main reasons behind the introduction of the early release ballot measure is the 2011 U.S. Supreme Court ruling that ordered California to reduce prison overcrowding within a certain timeframe. Brown is trying to gather support for the new ballot measure by informing the public that the state might be forced to release inmates in order to deal with overcrowding. Instead of a forced release, the ballot measure would help ensure that only nonviolent offenders are allowed to leave prison early. The state has already been able to reduce prison populations to some degree with the help of Prop. 47, which makes what were once considered felony drug possession charges misdemeanors, and the use of private prisons in California and in other states. Those who have been charged or convicted of a nonviolent crime in California should keep in mind that they might be eligible for early release if this ballot measure is added and receives a majority vote. If you have been charged with a crime or are seeking legal help, contact the Law Offices of Scott Warmuth to speak with a criminal defense attorney today. We have offices in San Gabriel, City of Industry and Los Angeles.
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The Latest Changes on DUI Sobriety-Tests

Topics: Criminal Defense

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In recent years, courts have been at the forefront of a dynamic development in constitutional privacy issues and warrant requirements encountered during DUI stops. In her California Lawyer article “DUI Blood Draw: Is a Warrant Required?” attorney Yesenia Acosta discusses the evolution of the Fourth Amendment and the effect it has on the power of law enforcement officers to demand sobriety tests during traffic stops. The article dissects recent precedent-setting court decisions, including a 2016 Supreme Court ruling that revised what police officers may demand without a warrant. Historically, police have been able to use “exigent circumstance” to demand blood-drawing sobriety tests from subjects, since diminishing blood-alcohol levels constituted disappearing evidence. However, the ruling revised this, further changing the Fourth Amendment by noting that a warrantless blood test constitutes personal invasion. Paired with various state laws on implied consent, the legality of DUI stops is more opaque than ever. Read the full article. DUI
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7 Ways You Can Prepare for Your Personal Injury Case

Topics: Auto Accident, Personal Injury

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7 Ways You Can Prepare for Your Personal Injury Case Have you recently suffered an injury as a result of another person or entity's carelessness or negligence? If so, then you may be entitled to compensation. Before you tackle a personal injury case, however, there are some things you should know.
  1. Avoid Common Mistakes
Understand the most common mistakes made in personal injury cases and how to avoid them. This includes ignoring the statute of limitations in your state, discussing your case on social media, or even being untruthful about what happened.
  1. Obtain Necessary Documentation
In order to file a lawsuit, you'll need some important documentation. This includes any relevant police reports, medical paperwork (including hospital bills), incident reports, and any other official documentation related to what happened.
  1. Meet with the Right Lawyer
A personal injury lawsuit isn't something you want to tackle alone. Consult with an experienced and knowledgeable lawyer who has worked with clients in a position similar to yours in the past.
  1. Understand the Process
Speak with your lawyer about what to expect from the process, especially in terms of its length. Many personal injury cases can take months or even years to resolve, so make sure you're informed and prepared.
  1. Prepare for Deposition/Testimony
If your personal injury case goes to court, you'll likely need to testify in front of a judge. This can be a nerve-racking experience, and it can be helpful to speak with your attorney about what to expect and what to say, especially during cross-examination.
  1. Discuss Settlement Possibilities
Not all personal injury lawsuits will go to trial. In fact, your lawyer's goal will be to settle out of court, as this speeds up the process and makes things easier on you as well. Therefore, it's important that you speak with your attorney about what kind of settlement you'd be willing to accept.
  1. Stick to the Facts
Finally, remember to stick to only the facts throughout the entire process. If you lie or even intentionally omit important information about your case or accident, you could find yourself in a great deal of trouble with the law. Be honest with your lawyer so he or she can help you out as much as possible. Looking for legal assistance with your personal injury lawsuit? Schedule your consultation with an experienced personal injury attorney today by contacting The Law Offices of Scott Warmuth toll-free at 888-517-9888.
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TRENDING: Avoiding Personal Injury When Playing Pokémon Go

Topics: Personal Injury

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www.techradar.com The newest viral app Pokémon Go, a game that features an augmented reality design, has been a huge success. The game has been praised for encouraging players to get outdoors and wander around their local area in search of Pokémon. The downside is that some players have been injured using this app while out and about. Those who have downloaded the game can lower the risk of personal injury by exercising some caution while playing. Being aware of possible risks is also important. Using Pokémon Go on the Road While playing the game, players are required to keep a close eye on their phone in case Pokémon appear.  However, when driving a vehicle it is not safe to play under any circumstances. A driver in Baltimore recently crashed into a police car while playing the game. Although no one was hurt in the incident, it serves as a reminder to leave the app closed and keep your eyes completely focused on the road while driving. Watching for Pokémon While Walking Pokémon Go can be a risk whether players are behind the wheel or on their feet. Players have been hurt playing the game when walking, by tripping on rocks and other objects in their path while looking at their phone. In a recent news story, two men in North San Diego County walked off the edge of a cliff while playing Pokémon Go. The men survived, but their experience shows the potential hazard of walking around without paying attention to your surroundings while looking for Pokémon. Go Pokémon Hunting Without Getting Hurt Those who want to play Pokémon Go without ending up at the doctor’s office or in the hospital should take some extra steps to stay safe. These include looking away from the screen often and being aware of your surroundings at all times. Doing so helps reduce the risk of falls and trips when you’re playing while walking around your neighborhood or town. Avoid the temptation to open the app when you’re behind the wheel of your car. Even if you only plan to check your phone for Pokémon at red lights, the game can distract you from paying attention to other vehicles, which can increase your risk of being involved in a collision. If you have been hurt while playing Pokémon Go, please contact our offices to speak to a personal injury attorney or request a free consultation. Source Image credit: www.techradar.com http://blogs.findlaw.com/injured/2016/07/playing-pokemon-go-is-causing-real-injuries.html http://www.latimes.com/local/lanow/la-me-ln-pokemon-go-players-stabbed-fall-off-cliff-20160714-snap-story.html http://sanfrancisco.cbslocal.com/2016/07/20/pokemon-go-player-police-car-crash-caught-on-camera/