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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
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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.