WarmuthLaw
Resource Library

New Ruling Could Limit Asylum Claims

Topics: Immigration

Feature
[vc_row][vc_column][vc_column_text]A new rule from the U.S. Attorney General's office would make it more difficult for members of families targeted by gang violence to receive asylum in the United States.  A 2017 Board of Immigration Appeals decision recognized a Mexican national's family as a persecuted social group after his family was targeted by a drug cartel.  The U.S. Attorney General overturned this decision, arguing that for a family to qualify as a social group, it would need to be much larger and more prominent.  Social group claims will be limited to certain socially distinct clans or sub-clans.  It's unknown if any refugee from Mexico would meet this distinction. The U.S. Attorney General is given the power to oversee rulings from immigration courts.  The Attorney General's ruling does not change the particular situation for the asylum applicant in question, who's application was denied for other reasons.  But the ruling will restrict available options for future asylum applications. See the full news story here. There have been several recent rulings that would appear to make asylum more difficult to claim for most people.  Though many asylum limitations have been temporarily halted by the courts, the trend towards less approved cases of asylum is obvious.  One thing that can greatly improve the chances of receiving asylum is to hire an immigration attorney.  The Law Offices of Scott Warmuth will hear your story and help you determine the best ways to pursue your asylum claim.  Call us today at 888-517-9888 to receive a free consultation.[/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
Resource Library

Facing Criminal Charges for Domestic Violence

Topics: Criminal Defense

Feature
[vc_row][vc_column][vc_column_text]In the heat of the moment, anyone can make mistakes.  When an argument with a loved one gets out of hand, flared tempers and the activation of fight or flight instincts can kick in.  Sometimes the result is an incident of domestic violence.  When the police arrive, they will investigate the situation and could possibly place any aggressor under arrest.  Arrested individuals will be taken to jail and will be processed by the justice system. Every situation is unique, so whether or not arrested individuals will face prosecution depends on the circumstances.  Defendants may not be charged in connection with the episode, may be charged with a misdemeanor offense, or may be charged with a felony offense.  The criminal record of the defendant, the severity of injuries sustained by the victim, previously reported incidents, and more will factor heavily on the prosecutor's decision.  A skilled criminal defense attorney will work to defend the rights of the accused and will fight against excessive punishment. As with other crimes, there may be immigration consequences.  Certain charges of domestic violence can actually lead to deportation and ineligibility for defense applications in immigration court. A domestic violence charge can also lead to the termination of employment, placing an employment-based visa at risk, and even risking deportation proceedings. The Law Offices of Scott Warmuth offers a strong, experienced criminal defense team that works closely with our immigration attorneys to ensure that our clients’ immigration goals are protected.  We approach every case with an open mind to bring about the best possible conclusion for your case.  We offer free defense consultations at 888-517-9888, so call us today.[/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
Resource Library

Why You Need Car Insurance in California

Topics: Auto Accident

Feature
[vc_row][vc_column][vc_column_text]Car insurance is legally required in California.  Drivers who do not meet minimum levels of liability coverage can be ticketed, leading to hefty fines.  Uninsured drivers can also be sued for any damages they may cause in a crash.  There is also a lesser known serious consequence of driving without insurance.  Uninsured drivers involved in a car accident through no fault of their own cannot be compensated for non-economic losses, such as pain and suffering, unless the at-fault driver was under the influence.  In practice, this rule severely limits the legal options available for uninsured drivers. Proposition 213, The Personal Responsibility Act of 1996, was a ballot initiative that passed with 76.83 percent of the vote.  Prop 213 prevents convicted felons from recovering damages suffered while committing or fleeing from the scene of a felony and drunk or uninsured drivers from seeking compensation for pain, suffering, and disfigurement.  These restrictions do not apply to vehicle passengers.  Prop 213 only provides an exception for uninsured motorists who are struck by drunk drivers.  In 1997, Prop 213 was ruled constitutional by the California Second District Court of Appeals in the Yoshioka v Los Angeles Superior Court. How does Prop 213 affect uninsured motorists who are not at fault in a car accident?  Uninsured drivers may not be able to find contingency fee legal representation, and it may not even be in their financial interest.  Without an attorney, it will be more difficult to receive medical treatment without out-of-pocket expenses.  Uninsured drivers also have to deal with the insurance companies on their own, without an advocate on their side.  Essentially, uninsured drivers are not able to take advantage of all the reasons to hire a car accident lawyer. The Law Offices of Scott Warmuth strongly urges all drivers in California to at least meet minimum insurance requirements, but if possible, have a higher level of liability coverage.  The higher the level of liability coverage you have, the more protection you have in the event of an unexpected accident.  Liability insurance helps to protect everyone.  We also recommend that all drivers carry uninsured motorist coverage at the highest amount possible.  If you have been injured in a car accident, call us at 888-517-9888 for a free legal consultation.[/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
Resource Library

Threat of ICE Raids Linger

Topics: Immigration

Feature
[vc_row][vc_column][vc_column_text]In recent weeks, the Trump administration has been promoting impending raids by Immigration and Customs Enforcement (ICE) officers targeting undocumented immigrants.  While it does not appear that the raids have actually occurred, an overall sense of dread pervades many immigrant communities.  For immigrants who feel that they are being targeted for a mass raid, knowing your rights can be the most powerful defense against detention. The American Immigration Lawyers Association (AILA) has created several handouts that detail your rights if approached by an ICE agent.  If you or a loved one are afraid that you could be targeted in an immigration raid, knowing your rights can be a powerful tool. The handouts detail the rights you should be aware of in the event that you are approached by ICE agents at home, at work, or in public. You can download all of the AILA Know Your Rights handouts in numerous languages on their website. It's unclear as to whether or not ICE raids will actually take place in Los Angeles any time in the near future.  Prior to the reported raids last week, Los Angeles Police Department Chief Michel Moore announced that 140 people would be targeted in the Los Angeles area. People with questions about immigration law should contact an immigration attorney.  The Law Offices of Scott Warmuth offers free consultations.  Schedule your consultation today by calling 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
Resource Library

Bicycle Safety – Riding Tips

Topics: Auto Accident, From Our Office, Personal Injury

Feature
[vc_row][vc_column][vc_column_text]Client Relations Manager and personal injury expert Jeff Wong talks about safe bicycling.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width="1/6"][/vc_column][vc_column width="2/3"][vc_video link="https://www.youtube.com/watch?v=cjYjwQ-_x_k"][/vc_column][vc_column width="1/6"][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Watch all of our information videos on the Law Offices of Scott Warmuth YouTube Channel.[/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
Resource Library

What Does a Workers’ Compensation Attorney Do For Clients?

Topics: Workers' Compensation

Feature
[vc_row][vc_column][vc_column_text]Workers' compensation programs seem like they should be fairly straight forward: if someone is injured at work, he or she sees a doctor until fully recovered, receiving pay for any missed work.  If the workers' compensation system in California was this simple, injured workers would be able to handle the entire process themselves.  Unfortunately, the actual work comp system is rarely so straightforward.  Qualifications, paperwork, lack of treatment options, delays, denials, and more can throw a wrench in to the workers' compensation claim process, some of which can be difficult for an injured worker to complete alone. No one expects injured workers to be experts in workers' compensation law.  Some workplaces and insurance companies take advantage of that fact, preventing workers from receiving desperately needed medical treatment and financial recovery.  A workers' compensation attorney can help with several aspects of a claim that would typically be very difficult to handle alone. Eligibility Not every injury is eligible for workers' compensation.  Injuries are only eligible if they meet specific criteria.  Some injuries, such as repetitive motion or stress injuries, may require proof and documentation.  If you're in a car accident on your way to work, injuries would not be covered, but if you're in a car accident on your way to an off-site meeting, they might be.  It can be confusing.  An attorney can listen to your story and help you determine if you're eligible to file a work comp claim. Claim Filing Workers' comp claims need to be filled out completely, timely, and accurately.  Any mistakes or delays in the paperwork can lead to a denial of benefits.  Attorneys have the experience necessary to ensure claims are filed with the best chance of approval. Appeals If your workers' compensation claim was rejected, an attorney will know the proper steps to take to appeal the claim denial.  Pursuing an appeal without an attorney can reduce the odds of a successful appeal. Litigation The ability to file a lawsuit in a workers' compensation claim is limited in California.  However, should the circumstances necessitate litigation, an attorney will know the steps needed to file a lawsuit with the courts. Answers Questions The Law Office of Scott Warmuth knows that injured workers have questions.  We do everything possible to ensure our workers' compensation clients receive answers.  Securing legal representation can help injured workers receive the help they need when they need it most.  Call 888-517-9888 today for a free consultation.[/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
Resource Library

DUI Arrests Up Dramatically from Independence Day 2018

Topics: Criminal Defense

Feature
[vc_row][vc_column][vc_column_text]Over a thousand drivers were arrested for driving under the influence (DUI) during the maximum enforcement period conducted by the California Highway Patrol (CHP) over the long 4th of July weekend.  The enforcement campaign was in effect from Wednesday 6:00 p.m. to Sunday 11:59 p.m.  The maximum enforcement campaign in 2018 was shorter due to Independence Day landing on a Wednesday, but a comparable time frame in 2019 saw a more than 50 percent increase in arrests. Overall, 1,317 drivers were arrested in 2019.  In 2017, a similar 4-day enforcement period saw 1,244 DUI arrests.  While arrests for DUI increased by nearly 6 percent in 2019, traffic fatalities were down 32 percent from 2017 numbers. An arrest for suspicion of driving under the influence can cause a massive disruption to one's life.  Whether a misdemeanor or felony, a DUI conviction can result in jail time, loss of driving privileges, and costly fines.  This is why it's incredibly important to hire a skilled DUI defense attorney.  Our expert legal team works to ensure that the outcome of every DUI case and trial is fair and just. Your DUI defense attorney can objectively examine all the evidence and circumstances regarding your arrest and work to limit the extent of legal penalties you face. Receive a free consultation with our criminal defense team today by calling 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
Resource Library

Happy Independence Day!

Topics: From Our Office

Feature
[vc_row][vc_column][vc_column_text]The July 4th weekend is one of the most dangerous on the highways.  Independence Day 2019 is expected to set a record for the number of travelers driving more than 50 miles, with 3.5 million Southern Californians expected to hit the roads for the July 4th holiday.  If you and your family are planning on traveling during the weekend, remain extra vigilant on the roads. Do not drink and drive!  July 4th is typically one of the deadliest days to be on the roads. Our offices will be closed on July 4th and July 5th in observance of Independence Day.  Have a safe and happy 4th of July weekend![/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
Resource Library

Fireworks Illegal in Many California Cities

Topics: Criminal Defense, Personal Injury

Feature
[vc_row][vc_column][vc_column_text]Do you hear those loud fireworks that go "BANG" in your neighborhood approaching the Independence Day holiday?  Those are almost certainly illegal.  Possessing or igniting fireworks that explode or are otherwise considered dangerous is a misdemeanor punishable by fines and jail time.  What may be less certain is whether "safe and sane" fireworks are legal in your neighborhood.  Safe and sane fireworks is a term that refers to pyrotechnics that don't explode.  Typical safe and sane fireworks include sparklers, colored smoke bombs, black snakes, bang snaps, and similar novelty fireworks. You may have seen some fireworks stands open up recently.  These stands typically sell safe and sane fireworks in jurisdictions where it's legal to own them.  In California, fireworks can only be sold from June 28th to July 6th by licensed retailers, so as quickly as you've seen them come up, they'll be taken down just as fast.  If you're purchasing safe and sane fireworks, remember that they're not actually safe.  It would be more accurate to call them 'safer and more sane' when compared to fireworks that explode.  According to the Consumer Product Safety Commission, sparklers can burn at about 2,000 degrees Fahrenheit.  And nearly 2,000 people suffer burn injuries from sparklers each year. There are many cities in the San Gabriel Valley where safe and sane fireworks are legal, including:
  • Alhambra
  • Azusa
  • Baldwin Park
  • City of Industry
  • El Monte
  • Montebello
  • Monterey Park
  • Rosemead
  • South El Monte
  • Temple City
You can find all the cities in California where safe and sane fireworks are legal here. Please be safe with any and all fireworks this 4th of July!  Please note that the Law Offices of Scott Warmuth will be closing at 4:00 p.m. on Wednesday, July 3rd and will be remain closed until 8:30 a.m. Monday, July 8th in observance of Independence Day.[/vc_column_text][/vc_column][/vc_row]