How a Pending Felony Charge Can Affect Your Employment

Jan 08th, 2021

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[vc_row][vc_column][vc_column_text]"Innocent until proven guilty" is one of the most commonly misunderstood phrases in the law. It is true that the government must prove to a judge or jury, beyond a reasonable doubt, that the accused committed a crime (or plead guilty to a crime) before being found guilty and until that happens there is a presumption of innocence. But "innocent until proven guilty" does not necessarily apply to the rest of society, including friends, family, the media, and employers. Society can not imprison the accused, but it can damage reputations, relationships, and employment status. A pending felony charge can affect your employment and employment prospects, even before being declared guilty. California employment law provides some protections for applicants previously arrested and/or charged with a crime. If you were previously arrested and charged with a crime but found to be innocent or had the charges dropped, you cannot be asked about that event by a current or prospective employer. The employer also cannot seek that information from other sources or use any knowledge of the incident to determine whether to hire or fire you. Pending criminal charges, however, are not subject to that protection. If you are facing criminal charges, be they misdemeanor or felony, your current or prospective employer can ask you about those charges. They can also use that information to make employment decisions. If your current or potential employer discovers you are facing criminal charges, they can legally decide to fire you, not hire you, or take other measures. This is the case even if you are innocent of the charges and eventually cleared by a court of law. The best action to take if you are facing a pending felony charge is to seek the help of an experienced criminal defense law firm. Your career can hang in the balance after being charged with a crime. A criminal defense attorney can take decisive action on your behalf to fight the charges against you and protect your freedom and career. Concluding pending charges against you can help you pursue employment opportunities. Our attorneys can take quick actions to pursue a not guilty verdict or dismissal of the charges against you. The Law Offices of Scott Warmuth assists defendants charged with a crime protect their legal rights and helps them get back to a normal life as quickly as possible. We offer free criminal defense consultations, so call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]

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Are the Police Allowed to Search My Car For Drugs?

Topics: Criminal Defense

Mar 27th, 2017

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If you have been arrested for a drug crime charge after a traffic stop, there are a number of strategies you and your defense attorney can employ to fight the charges brought against you (NOTE: you should never attempt to defend yourself in a drug crime charge and should refuse to speak with law enforcement and prosecutors without an attorney present). One of these strategies is questioning whether the police had a right to search your car for any evidence of drugs. Because you have a reasonable expectation of privacy in your car, you are protected by the Fourth Amendment's prohibition on unreasonable searches and seizures. That said, there may be occasions in which the police can search your car for evidence of drugs or other contraband.

If You Provide Consent

If you provide consent to a police officer to search your car, then that officer is constitutionally allowed to do so. What this means is that you should not provide consent to law enforcement to search your car, and especially not without the presence and guidance of your own criminal defense attorney. Officers will of course try to persuade you to give consent, but, again, you can simply decline to do so and say that you would not like to answer questions without your attorney present.

If You Are Arrested

If the police officer had probable cause to arrest you for a crime, such as driving under the influence, then the officer may conduct what is called a search incident to a lawful arrest. This means the officer can search within your “wingspan” (the area you can reach from where you are located) for weapons or evidence of the crime, such as an open container. But this does not give the police the right to search areas outside your wingspan such as your trunk.

If There is Contraband in Plain View

If the police can see contraband (evidence of a crime) without entering the car, then the police can in many cases seize that evidence lawfully. For example, if a police officer shines a flashlight into your backseat and sees cocaine paraphernalia or an illegal weapon, then the officer then has the right to lawfully seize that evidence.

If the Officer Has Probable Cause to Search Your Car

Probable cause means that, based on the totality of the facts available to the officer at the time he decides to conduct a search, it would be reasonable for him to conclude that a crime has been committed. This is a flexible standard, and many court cases have discussed exactly what this means in a particular circumstance. But it definitely means more than a gut feeling or suspicion on the part of the officer and requires the officer to point to specific facts supporting his conclusion that you had committed a crime before evidence obtained in such a search will be admissible.

If the Officer Has a Search Warrant

Search warrants are generally issued for places such as homes, apartments, offices, or storage spaces, but it is possible for the police to obtain a warrant to search a car. Such a warrant must be signed off by a judge based on a finding of probable cause.

What to Do If the Police Search Your Car and Find Evidence of a Drug Crime

Police officers do sometimes fail to follow the constitutional standards for a search of a car, either out of ignorance or disregard of the law, and there may be little you can do at the time to prevent the officer from doing this. But, remember, you can only be convicted of a crime if the evidence supporting the criminal charge was lawfully obtained. If the police have searched your car and found evidence of a drug crime or any other crime, the first step you should take is to contact an experienced criminal defense attorney in your jurisdiction immediately to begin mounting your defense, which can include calling into question the legality of the search.

Your Multilingual Defense Team in Southern California

The criminal defense attorneys at the Law Offices of Scott Warmuth vigorously defend the rights of men and women across Southern California who have been arrested and/or charged with criminal violations. Our multilingual staff and legal team will do everything we can to defend your freedom and get your life back to normal as quickly as possible. To get more information on how we can assist in your criminal defense, speak to an attorney at the Law Offices of Scott Warmuth today by calling 888-517-9888.

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

Topics: Criminal Defense

Feb 28th, 2017

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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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The A-B-C’s of Criminal Defense Strategies

Topics: Criminal Defense

Sep 08th, 2016

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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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Early Release for Convicts in California – Latest Ballot Measures

Topics: Criminal Defense, Immigration

Aug 30th, 2016

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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

Aug 22nd, 2016

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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.

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