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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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Minimum Wage and Overtime FAQs

Topics: Insights

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By Jean H. Power Many of our clients, regardless of the type of case they have, may have a labor and employment law issue.  Below are common questions that relate to minimum wage and overtime pay.  If you encounter a client who may not be getting paid properly, please refer them to Jean at the employment law department to see if we can help them. ARE YOU GETTING PAID MINIMUM WAGE? Beginning on January 1, 2022, if you work for an employer with 26 or more employees, the State of California provides that you must be paid at least $15 per hour.  If you work for an employer with 25 or fewer employees, the State of California provides that you must be paid at least $14 per hour.  Many California Cities and counties may have higher minimum wage rates.  And agricultural workers may be subject to different minimum wage rates.  If you are not being properly paid minimum wage, you should contact the Law Offices of Scott Warmuth at 626-363-2140 to see if you have a legal claim against your employer. DOES MY IMMIGRATION STATUS PREVENT ME FROM BEING PAID MINIMUM WAGE? No.  Regardless of your status, all workers in the State of California must be paid at least minimum wage.  WHAT IS OVERTIME PAY? Generally, under California law, if you are an hourly, or “nonexempt” employee, you must be paid overtime for all hours in excess of 8 hours per day or 40 hours per week.  That means, you should be paid more than your regular rate of pay if you work these extra hours. HOW MUCH IS OVERTIME PAY? Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek requires the employee to be compensated for the overtime at not less than:
  1. One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
  2. Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
There are, however, a number of exemptions from the overtime law. An "exemption" means that the overtime law does not apply to a particular classification of employees. There are also a number of exceptions to the general overtime law stated above. An "exception" means that overtime is paid to a certain classification of employees on a basis that differs from that stated above.  In other words, an exception is a special rule.  To determine if you qualify for overtime pay, and most employees do, you should speak to the employment law department. WHAT ARE SOME EXAMPLES OF OVERTIME PAY? Example #1:  I work in packing plant and I am paid $15 per hour. I work 8 hours per day on Monday, Tuesday, Wednesday, and Thursday.  On Friday, I work 10 hours.  Am I entitled to overtime pay? Yes, since you worked 10 hours on Friday, you should get paid time and one – half for two hours of work.  That amount would be $15 plus $7.50 (which is half of $15) for a total of $22.50 per hour for those two overtime hours. Example #2:  What if I worked, at the same job, for 8 hours per day on Monday, Tuesday, and Wednesday.  On Thursday, I worked 6 hours.  On Friday, I worked 10 hours, for a total of 40 hours in the week.  Am I entitled to overtime for the extra hours I worked on Friday? Yes, since you worked 10 hours on Friday, you should get paid time and one – half for two hours of work.  That amount would be $15 plus $7.50 (which is half of $15) for a total of $22.50 per hour for those two overtime hours. Example #3:  What if I worked 8 hours per day on Monday, Tuesday, and Wednesday.  I worked for 14 hours on Thursday.  I do not work on Friday.  Am I entitled to overtime? Yes, on Thursday, you worked over 8 hours.  For hours 9, 10, 11, and 12, you should be paid $22.50 per hour, which is time and one-half.  For hours 13 and 14, you are entitled to be paid double time, or $30 per hour. Example #4:  Last week I worked Monday, Tuesday, Wednesday, Thursday and Saturday, eight hours each day. I was out ill all-day Friday. For the workweek I was paid 48 hours at my regular hourly rate. Am I entitled to eight hours of overtime pay? No, you are not entitled to any overtime pay. Overtime is calculated based on hours actually worked, and you worked only 40 hours during the workweek. Another example of where you get paid your regular wages, but the time is not counted towards overtime is if you get paid for a holiday but do not work that day. In such a case, the time upon which the holiday pay is based does not count as hours worked for purposes of determining overtime because no work was performed. WHAT IF I SIGNED A DOCUMENT WITH MY EMPLOYER STATING I DO NOT WANT OVERTIME PAY? You cannot waive your right to overtime.  You are still protected by the State of California and should be properly paid for all hours worked.  IF MY BOSS TELLS ME THAT HE DID NOT “AUTHORIZE” ME TO WORK OVERTIME, SHOULD I STILL BE PAID OVERTIME? Yes.  California law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee's regular rate of pay for all hours worked in excess of eight up to and including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work in a workweek, and double the employee's regular rate of pay for all hours worked in excess of 12 in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek. An employer can discipline an employee if he or she violates the employer's policy of working overtime without the required authorization. However, California's wage and hour laws require that the employee be compensated for any hours he or she is "suffered or permitted to work, whether or not required to do so." California case law holds that "suffer or permit" means work the employer knew or should have known about. Thus, an employee cannot deliberately prevent the employer from obtaining knowledge of the unauthorized overtime worked, and come back later to claim recovery but at the same time, an employer has the duty to keep accurate time records and must pay for work that the employer allows to be performed and to which the employer benefits. WHEN SHOULD I BE PAID FOR THE OVERTIME HOURS THAT I WORK? Overtime wages must be paid no later than the payday for the next regular payroll period after which the overtime wages were earned. Payment of overtime wages may be delayed to the payday of the next following payroll period as the straight time wages must still be paid within the time set forth in the applicable Labor Code section in the pay period in which they were earned; or, in the case of employees who are paid on a weekly, biweekly, or semimonthly basis, not more than seven calendar days following the close of the payroll period.
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10 California Laws Taking Effect January 2022

Topics: Insights

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[vc_row][vc_column][vc_column_text]
  1. SLOWER SPEED LIMITS
A law that takes effect on Jan. 1 give California cities more local control over how speed limits are set instead of using an old rule that essentially caused speed limits to go up every few years. 
  1. KIDS GET TO SLEEP IN 
Middle schools and high schools will soon be required to start class no earlier than 8 a.m. and 8:30 a.m. respectively. Supporters say preteens and teenagers need the extra sleep for their health and development. 
  1. ORGANIC WASTE SEPARATION
Starting in 2022, all California residents and businesses will be required to sort their organic waste from the rest thanks to Senate Bill 1383. The program will take effect in phases depending on where you live.
  1. MANDATORY MENSTRUAL PRODUCTS IN SCHOOLS
Starting in the 2022-23 school year, public schools will be required to stock restrooms with free pads or tampons. The law affects public schools with grades 6 through 12, community colleges, and public universities.
  1. MINIMIM WAGE INCREASE TO $15/HR 
Businesses with 26 or more employees will be required to pay a $15 minimum wage starting in 2022. That’s more than double the federal minimum of $7.25 an hour. 
  1. VOTE BY MAIL REMAINS 
An executive order in 2020 sent mail-in ballots to every registered voter in California during COVID-19. Assembly Bill 37 makes that change permanent and expands it to include local elections. People can still vote in person if they choose.
  1. ALCOHOL TO-GO EXTENDED
Senate Bill 389 extends pandemic-era rules allowing the sale of takeout alcoholic drinks through 2026. It also makes it possible to keep ordering cocktails, beer and wine in outdoor dining settings for the next five years.
  1. THE WORD “ALIEN” IS REMOVED
Assembly Bill 1096 strikes the word “alien” from the California state code. The word will be replaced with words like “noncitizen” or “immigrant.”
  1. “STEALTHING” IS SEXUAL ASSAULT
Assembly Bill 453 makes the non-consensual removal of a condom during sex, also called “stealthing,” a form of sexual battery. California is the first state to identify stealthing as assault.
  1. RUBBER BULLETS AND TEAR GAS CAN’T BE USED
Assembly Bill 48 prohibits police from using rubber bullets or tear gas to disperse crowds at a protest. They also can’t be used against someone just because they’ve violated “an imposed curfew, verbal threat, or noncompliance with a law enforcement directive.”[/vc_column_text][/vc_column][/vc_row]
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The Power of No-Oriented Questions

Topics: Insights

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[vc_row][vc_column][vc_column_text]Does yes really always mean yes? Absolutely not. When we say yes, we’re committing to something, and immediately after we’ve committed, we begin worrying about what we’ve just signed up for. Which means, at best, every yes is a conditional yes. Oftentimes, it’s even worse: a counterfeit yes that’s uttered simply to get the other side to shut up. Is it a ridiculous idea to think that getting the other side to say no is actually what you should be aiming for when you sit down at the table? This is one of the strategies touted by Christopher "Chris" Voss, an American businessman and author of the book Never Split the Difference. Voss is a former FBI hostage negotiator, the CEO of The Black Swan Group Ltd, a company dedicated to teaching world class negotiation and leadership skills. The Beauty of Saying No Whereas yes is a commitment, no is safeguard. There isn’t any ambiguity.  When we say no, we mean it. No is always no. Getting someone to say no is easy. It’s one of the best communication skills everyone at the LOSW can possess. Just flip your yes-oriented questions into no-oriented questions. People feel anxious when they sense you are seeking a yes. Don’t believe me? Here’s an example for you. As you’re exiting your local supermarket, someone stops you as you exit and asks… “Excuse me, do you like vacations?” Can you feel that? Even though the answer is very likely yes, you feel hesitant to answer right?  Still don’t believe me? Ask a coworker these three yes-oriented questions.
  1. Did you drive to work this morning?
  2. Did you eat dinner last night?
  3. You have a law888.com work email, right?
People feel safe and secure when they say no. Generating a no-oriented question relieves your counterpart from wondering what they are getting themselves into if they agree. Nearly every yes-oriented question you ask can be reoriented by adding phrases like these to your statement:
  • Have you given up on... ?
  • Is it ridiculous... ?
  • Would it be horrible... ?
  • Is it a bad idea... ?
Practice makes perfect. Use these communication skills in low-stakes scenarios—like the next time you want to suggest a place to eat.  Instead of, “Can we have Korean barbecue tonight?” Replace it with, “Would it be horrible if we went to Korean barbecue tonight?” Is it a ridiculous idea to leverage our human inclination to say no to get things done? [/vc_column_text][/vc_column][/vc_row]
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How to Move From Limiting Beliefs to Liberating Truths

Topics: Insights

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No matter your age, occupation, or level of life experience, we all struggle with limiting beliefs. It’s a universal struggle. A limiting belief can be described as a misunderstanding of the present that shortchanges our future. These might be assumptions we hold about the world, about other people, or maybe, the most constraining of all, limiting beliefs about ourselves. Limiting beliefs are developed from previous setbacks or failures we’ve experienced. Other beliefs are fueled by the news media, or even social media. And still others come from negative relationships, ranging from friends and coworkers to family and faith communities.  Whatever the beliefs are, or wherever they come from, you don’t have to be permanently constrained by them.  You can replace those limiting beliefs with liberating truths! Here are six steps to help you do that.
  1. Recognize the limiting belief. If a belief reflects black-and-white thinking, it might be a limiting belief. Maybe it’s coming from past work experiences or a relationship. No matter the belief or how true it feels, it’s critical to recognize it’s just an opinion about reality—and it’s most likely wrong.
  2. Record the belief. This belief might be something like, “I always procrastinate,” or, “I’m not good with money,” or even, “I’m not very disciplined.” We all have our own challenges, so it could be anything. Externalized your thoughts by writing down the belief word for word. You’re then free to evaluate it for accuracy and truth.
  3. Review the belief. Is this belief helping you to achieve the outcomes you want, or is it holding you back? Does it empower you or does it drain you and make you fearful? Try looking at things objectively and be honest. Your own honest evaluation of your externalized belief is the key to freedom.
  4. Reject or reframe the belief. If a limiting belief is false, you can reject it. Sometimes it’s a direct swap, like going from “I don’t have the energy to exercise” to “I do have the energy to exercise.” However, most times, the reframing of a belief requires more. Most limiting beliefs often have a seed of truth, but you don’t have to surrender to a limiting belief. You can rewrite the narrative. Perhaps you think, I’m not creative. You could just accept that and stall out. Or you could reframe it like this: “I’m not a creative person, but I can always collaborate with someone who is.”
  5. Revise the belief. This isn’t just about simple affirmations. It’s about reorienting your thinking around a new and liberating truth. For example, you might think, I don’t have the exact experience necessary for that job. Instead you can say, “I have different experiences that will make me a more unique candidate.” The old thinking holds you back, but now you have a foothold for real progress. Be sure to write down the revised belief.
  6. Reorient yourself to the new belief. Begin living into the narrative of this new, liberating truth. You might not fully buy into it. It might even feel like you’re faking it. That’s fine, even normal. If you keep telling yourself this liberating truth, over time you’ll feel more comfortable in it.
If the old belief starts to creep up, identify it, reject or reframe it, and restate the liberating truth. Do it again and again. The key is to start living as if it’s true, because it probably is. The more we live into what’s true, the more we bring our experience into alignment with our expectations. What are your limiting beliefs? What are the corresponding liberating truths?[/vc_column_text][/vc_column][/vc_row]
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Obtaining an L-1 Visa

Topics: Immigration

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[vc_row][vc_column][vc_column_text]L-1 visas, or intracompany transferee visas, are non-immigrant visas that allow companies to transfer certain employees to offices in the United States. Employees who are eligible for this visa are company executives and managers (L-1A) and employees with specialized knowledge (L-1B) who have been working at least one continuous year within the past three years for their company sponsor. L-1 visa holders can work for an existing affiliated company office in the U.S. or can be working to open a new office in the country. Businesses must meet a few qualifications before applying for L-1 visas on behalf of their employees.  First, the business must have a qualifying relationship with a foreign company; the business in the U.S. must be a parent company, branch, subsidiary, or affiliate company.  The business must be doing business as an employer in both the United States and at least one other country for the duration of the visa. Businesses do not have to be engaged in international trade, but must be involved continuously in providing goods and/or services in the U.S. to qualify for L-1 status. Workers can also be brought into the United States as an L-1 nonimmigrant by a business establishing a new office in the United States if the business has secured a premise for the new office.  They must also be able to support an executive or managerial position within a year for L-1A visas or be able to properly compensate an employee with specialty knowledge and begin doing business for L-1B visas. Companies can apply for an L-1 visa by filing USCIS form I-129, Petition for a Nonimmigrant Worker on behalf of the employees they wish to sponsor.  Some companies are eligible to file for a blanket petition, allowing for the ability to quickly transfer workers to the U.S.  The qualifications to be eligible for a blanket L certification are a bit stricter.  The business must be engaged in commercial trade or services in all of its branches and subsidiaries, have an office in the U.S. that has been doing business for at least a year, and have three qualifying domestic and foreign branches and subsidiaries.  The business must also meet have previously obtained 10 L-1 visas over the past 12 months, have a company combined annual sales in excess of $25 million, or have at least 1,000 workers in the United States. The Law Offices of Scott Warmuth helps companies unravel the mysteries of the L-1 visa.  Not only do our immigration experts explain what is necessary to secure an L-1 visa, we help with the paperwork too.  For a free immigration consultation, call us today at 888-517-9888.  We can help your international business thrive.[/vc_column_text][/vc_column][/vc_row]
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Determining Fault in an Accident

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]Insurance companies assign ‘fault’ to each accident to determine who is responsible for paying medical bills, car repairs, lost wages, and rental vehicles. Every car accident is unique, so all of the evidence must be examined to properly determine fault. Insurance company claims adjusters are tasked with that purpose. Claims adjusters can look at every piece of evidence to determine fault, including statements made by drivers. If you are involved in a car accident, be sure not to admit fault or say anything that could later be construed as an admission of fault!  Even a simple “I’m sorry!” could be used against you.  After a crash, here are some helpful rules to follow:
  • Don’t talk about how the accident happened
  • Don’t discuss who might have been at fault
  • Don’t admit you were at fault for the crash
  • Don’t say anything that could later construed as an admission of fault, such as "I didn’t see you"
  • Always exchange contact and car insurance information
Certain types of accidents almost always find fault in the same party.  If you are rear-ended, it’s almost always the other driver’s fault.  If you are driving straight and someone hits your car making a left turn, it’s almost always the other driver’s fault.  And if your vehicle is struck by a driver under the influence of drugs or alcohol, it’s usually the other driver’s fault. One of the most important factors in determining fault is eyewitness testimony. Make sure to collect the statements contact information of any witnesses to the collision. If police are at the scene, request that a police report be taken of the crash. If you or a loved one has been involved in a car crash, contact the car accident lawyers at the Law Offices of Scott Warmuth today for a free consultation.  We can help you seek medical treatment, get your car repaired, recover lost wages, and receive compensation for your pain and suffering.  Call 888-517-9888 today![/vc_column_text][/vc_column][/vc_row]
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Attorney Seth Mitchell Wins Jury Verdict in Dog Bite Case

Topics: From Our Office

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[vc_row][vc_column][vc_column_text]Law Offices of Scott Warmuth Trial Attorney Seth Mitchell recently secured a jury verdict on behalf of our client, the victim of a contested 2016 dog bite.  Our client received an award of $119,300, more than double what the defendants would offer before the trial and about 10 times more than what the defendants requested during the trial.  The jury ruled in favor of our client unanimously, even on several contentious issues. The victim was bitten by a neighbor's dog on her left calf and right knee while at the neighbor's property.  The wound in her knee became infected, prolonging her injuries.  Our client felt pain in her left hip and ankle since the incident, but her concerns were not properly documented because she was also being treated for unrelated back pain by a pain management doctor.  Only after visiting a different doctor 17 months were her additional injuries diagnosed.  Her previous attorney was uninterested in helping her recover from these newly diagnosed injuries, which is when the Law Offices of Scott Warmuth became involved. After accepting our client's case, we helped her seek treatment for her hip and ankle injuries, which eventually resulted in arthroscopic hip surgery.  During the trial, the defendants attempted to argue numerous angles to reduce liability, including denying the hip and ankle injuries were related, that our client was negligent, that our client was trespassing, that our client opened the defendant's gate, and more.  Attorney Mitchell successful argued that the defense's claims had no merit on every occasion. The jury verdict and the approach Attorney Mitchell took to represent our client embodied the mission of our law firm:  we're on your side, all the way.  We were willing to pursue our client's case further than her previous attorney, securing her additional treatment for her dog bite injuries.  We were willing to pursue her case all the way to trial rather than to settle for too low of a settlement offer.  And we were willing to take our client's case through the trial without yielding. The Law Offices of Scott Warmuth offers congratulations to Attorney Seth Mitchell for his outstanding trial performance!  When asked about the case, Seth wanted to extend his thanks to firm President Scott Warmuth for providing all the tools needed to pursue the case and to the Law Offices of Scott Warmuth staff for going above and beyond in support of the case. If you are looking for a law firm that will support your case, contact our offices today at 888-517-9888 to receive a free legal consultation.[/vc_column_text][/vc_column][/vc_row]
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Happy Thanksgiving Everyone!

Topics: From Our Office

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[vc_row][vc_column][vc_column_text]The Law Offices of Scott Warmuth wants to wish everyone a happy Thanksgiving weekend! As 2021 winds down, we want to assure all of our clients from our many different legal practice areas that we are on your side, all the way.  Our dedicated team remains focused on protecting your legal rights and achieving the best possible outcome for your case.  We are extremely thankful that we get to help you with your legal needs. Please note that our offices will be closed this Thursday and Friday in observance of the Thanksgiving holiday.[/vc_column_text][/vc_column][/vc_row]
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Contesting a Permanent Disability Rating

Topics: Workers' Compensation

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[vc_row][vc_column][vc_column_text]The road to recovery after a work injury can be difficult.  For many injured workers, weeks, months, or even years of medical treatment, demanding physical therapy, and painful medical procedures do not lead to a full recovery.  When a doctor determines that additional medical treatment will not produce a noticeable positive benefit to an injured worker, the doctor may declare the injured worker permanent and stationary and issue a P&S Report.  In the report, the doctor assigns the injured worker a preliminary impairment rating indicating the worker's level of disability for any injured body part.  The rating will be from 0 to 100 percent. The preliminary impairment rating goes through several adjustments before a final rating is determined.  First, the individual body part ratings are converted into a 'whole person impairment rating'.  This is done through a specific mathematical formula and would also be listed in the P&S Report.  Once the whole person impairment rating is calculated, another formula is used to determine a permanent disability rating.  The permanent disability rating formula takes into consideration future earning capacity, occupation, and age.  The full formula and how it is calculated can be found here. With its usage of specified formulas and guidelines, challenging a permanent disability rating is difficult, but not impossible.  Injured workers who have suffered permanent disability can object to certain aspects of their evaluation.  If you think that your doctor did not properly assess your injuries, you can request a second opinion from a different doctor.  Should the second opinion determine that your disability level is more severe, your preliminary impairment rating would be higher, leading to a higher permanent disability rating.  If you think that the insurance company mislabeled your occupation or has made a factual error regarding your age, you can challenge those errors. Experienced workers' compensation attorneys can help you determine if your permanent injuries are being assessed properly, as well as every other confusing step of the workers' comp process.  The Law Office of Scott Warmuth provides injured workers guidance to help improve their physical and financial outlook after a work injury.  Call us today at 888-517-9888 to receive a free consultation.[/vc_column_text][/vc_column][/vc_row]