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Future of Deferred Action for Childhood Arrivals Program (DACA) in Question

Topics: Immigration

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[vc_row][vc_column][vc_column_text]The Deferred Action for Childhood Arrivals (DACA) program is the Obama-era executive order that grants work permits to and prevents deportation of certain undocumented immigrants brought to the United States when they were children. DACA has helped nearly 800,000 young adults who were raised in America and speak fluent English, many of whom have no memories of their home countries.  National Public Radio profiled one such DACA recipient in a story that aired this morning. Several other news articles are reporting today about a potential legal challenge from 10 states that threatens the DACA program. According to these articles, the Department of Homeland Security has told the Congressional Hispanic Caucus that Congress would need to pass legislation to protect DACA recipients. Without legislation, the program faces legal uncertainty and it would be up to Attorney General Jeff Sessions, a known hardliner on illegal immigration, to defend. It is unclear if the Trump administration would actively defend DACA. The ultimate consequences of threatening nearly 800,000 young people with deportation and making it illegal for them to stay employed are unknown. This issue is likely to be an important news story over the next few months. The Law Offices of Scott Warmuth provides immigration legal help and deportation defense. For a free consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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Immigration Attorney Yesenia Acosta Recognized as Rising Star

Topics: Immigration

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[vc_row][vc_column width="2/3"][vc_column_text]The Law Offices of Scott Warmuth is proud to announce the selection of immigration attorney Yesenia Acosta as a Rising Stars Super Lawyer for the state of California. Only 2.5% of attorneys under the age of 40 receive this honor from Super Lawyers, an attorney rating service. In addition to her selection as a Rising Star attorney, Ms. Acosta has received several other accolades throughout her legal career, including the Congressional Leadership Award from the Office of Congresswoman Judy Chu of California's 27th District.  She stands out as a a committed attorney focused on improving the lives of the immigrant community.
Yesenia Acosta focuses her practice primarily within the area of Immigration Law.  She manages an immigration department that handles a diverse range of cases including deportation defense, employment and family-based visas, and a variety of cases involving past criminal convictions.  She is sought out as an expert in "crimmigration," overcoming the immigration consequences of criminal pleas. Her past clients include foreign investors, victims of crime applying for special visas, unaccompanied minors and others seeking asylum, and business entities defending civil suits.  Part of her practice includes civil litigation related to personal injury claims and contractual matters.
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7 Tips to Help You Prepare Your Personal Injury Case

Topics: Auto Accident, Personal Injury

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[vc_row][vc_column][vc_column_text]We live in a world full of unforeseen circumstances that can befall us literally any second of our lives. No one plans on having an accident, hence the world accident. You can walk out of your apartment and get attacked by your neighbor’s dog, or slip and fall at work due to negligence. There are a number of accidents that fall under the category of personal injury and if you find yourself the victim, listed below are some tips to help you pull together a personal injury case: 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. 2) 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. 3) 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. 4) 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. 5) 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. 6) 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. 7) 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.[/vc_column_text][/vc_column][/vc_row]
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Intellectual Property – 8 Inspiring Creative Techniques

Topics: Intellectual Property

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Create Your Masterpiece

It would be nice to think that spontaneous divine inspiration is what moves great ideas forward and changing the world in seconds, but most ideas come from long hard work, where the mind shaped and prepared itself for prime creativity.  When it comes to intellectual property, most of the best ideas come from planning and routine systems that perfected an otherwise undeveloped thought.  Though it may seem easier said than done, here are eight techniques used to boost your brain into overdrive, and get it ready for your moment of creation.

HOW TO HAVE A GREAT IDEA

Believe that a breakthrough is possible. Though it might seem an obvious suggestion, often it is our own self-doubt that stifles our potential.  Believing that there is something you can do opens up your creative instincts, allowing your brain to search for answers to what would otherwise be impossible questions. 1) Understand the “what” and the “how.” The “what” regards to what you are trying to achieve, the “how” consists of ways to accomplish this goal.  The reason many people have difficulty with this logic is that the “how” isn’t getting them closer to their “what.”  This can set a destructive cycle for any creation, as it seems to escape reason and therefor possibility.  In order to truly find new concepts, one must let go of their “what” and “how,” and open up the wondering of… “why.” 2) Enter the passion for “why.” The “why” is the desire that drives you to the “what,” which will get you a closer understanding of the “how.” The “why” is usually a more profound reason that the actual “what,” as what drives us to do things usually comes from a deeper wish.  Take a musician for example; their “what” may be to write a song, but their “why” is so that they can impact people’s lives and help change the world.  In order to better understand your “why,” try and exercise your imagination and think of how you’ll feel when you get your desired outcome using all 5 senses.  This will open your brain for a breakthrough. 3) Embrace the unfamiliar. There is an obvious comfort with the familiar, as you are usually surrounded with the tried and true, and likely feel you work best in such a setting.  This however can be a major setback with coming up with new ideas, as it can but you in a figurative box and unable to think outside of it.  Don’t be afraid to shake things up.  If you work in an office, try a different room or outside.  If you write on a computer, use a pencil.  If you usually brainstorm with a certain person, try another.  Anything that gets you away from your normal habits will create an environment that is new and fresh, and possibly closer to that elusive breakthrough moment. 4) Write everything down. Often the best ideas come spur of the moment, but just as these ideas come flying in, they also have a tendency to fly right on out.  Make sure you always carry a paper and pen, and the moment a new idea is fresh, jot it down for future review.  This can also be a way of brainstorming, and though simple phrases or words might only be small pieces of a puzzle, they will help understand the bigger picture. 5) Select the best breakthrough. At the end of your “what, how & why,” it is likely you have multiple answers to each of these questions.  This is a good thing, as it means you’ve considered multiple avenues to get achieve your desire.  Now it’s time to figure out which model works best for you.

OTHER THINGS TO THINK ABOUT

6) Ask yourself, “What’s Next?” True innovators always see what’s around the bend.  They have a tendency to see what people desire, even if they don’t know they desire.  If you can tap into the social pipeline, you have your fingers on the heartbeat of creation. 7) Do something about what bugs you. Perhaps there is a problem you see around you – could be physical, social, mental, etc. – and can’t find a solution that’s already available.  These are the moments where your own desire to “fix” these problems can lead to an inspired creation. 8) Don’t Give Up! It’s what sets apart people in most cases.  Sometimes it wasn’t a lack of skill or knowledge that stopped a great idea from happening, but one’s own judgement to quit before reaching their goal.[/vc_column_text][/vc_column][/vc_row]
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3 Things to Remember After a Car Accident

Topics: Auto Accident

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How Fault in a Car Accident Affects Compensation A car accident typically occurs in a matter of seconds. It is not unusual for events to happen so quickly that those involved in the accident – whether they are drivers, passengers, motorcyclists, bicyclists, or pedestrians – to be unclear on what exactly happened, much less who is at fault. Or, just as often, various individuals’ accounts of who was to blame for the accident can be all over the map with all kinds of open questions: Was a driver tailgating? Was a pedestrian jaywalking? Did a bicyclist fail to stop at a stop sign? All of these questions go to the question of fault, and fault is a critically important aspect of recovering compensation in your California car accident claim. Proving Fault is Required to Recover Anything Car accident claims are governed by state law, and many states have what is called a “no-fault law” for car accidents which takes the question of driver fault out of the equation for processing many claims. California is not one of those states. To collect a monetary recovery from a driver's insurance company, an injured party must prove that the other driver was at least partially at fault in causing the accident. To prove fault, the injured party will need to show that another driver was negligent, causing injury. This could be demonstrated by proving that the accused driver failed to follow the rules of the road by not stopping at a red light, driving in the wrong lane, or simply following another driver too closely. Your car accident attorney will investigate the accident and collect all relevant physical evidence and testimony to support your claim that the other party was at fault in causing the accident. You Can Recover Even if You Were At Fault It is not at all uncommon to have a situation where both the injured party and the defendant were at fault in causing the plaintiff’s injuries, meaning both failed to take due care to avoid the accident. For example, if a pedestrian jaywalks on a one-way street, and a car travelling the wrong way down the street hits the pedestrian, the argument could be made that both were negligent. But, in California, the injured plaintiff can nevertheless recover for at least part of his or her injuries based on the state’s “pure comparative negligence system.” Under such a system, a plaintiff can recover for the percentage of his or her damages proportionate to the percentage of fault attributable to the defendant. Taking the above example of the jaywalking pedestrian and wrong-way driver, if the plaintiff suffered $1,000,000 in damages and the court found that the pedestrian was 20% at fault and the driver was 80% at fault, then the pedestrian could recover $800,000 from the driver (in other words, 80% of the $1,000,000). Contact a Southern California Personal Injury Attorney When you work with a personal injury attorney, you can expect a trusted legal adviser and guide by your side. By contacting an attorney as soon as possible after your car accident, he or she can immediately step into action to begin investigating the accident, gathering evidence, and working with your medical provider to build your best case for maximum recovery.
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Time to Change the Miranda Rights?

Topics: Auto Accident, Personal Injury

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Solving Mysteries in Personal Injury Cases using Metadata

A popular "guilty pleasure" many people have is watching one (or more) of the many forensic television shows available. Not only are the shows entertaining but they can also be informative, especially episodes that show how social media and metadata can aide in solving a case. As the world increasingly becomes a digital playground, the Miranda rights might need to be updated to include “anything that you might have shared or said online can be used against you in the court of law”. Personal injury attorneys often advise against posting any information about your case online, for good reason. Metadata Plays a Role in Personal Injury Cases Personal information and metadata is often gathered from social media accounts, which can be used against plaintiffs in personal injury cases. Metadata can be used to create a location and time stamp for a user’s online activity, including whether or not a driver was posting to social media just before a crash. When obtained correctly, this metadata is now admissible in court. One example of metadata being used during a case occurred in Frangione v. Vandongen et al. In the case, the plaintiff was suing for damages caused during two separate car accidents. The defendant sought to access the plaintiff’s personal computer, as well as material on his Facebook account. The plaintiff was ordered to produce “all material contained on his Faceabook website including any postings, correspondence and photographs up to and including the date that the order was issued.” The submission of this personal information resulted in viable metadata that could be used against the plaintiff. Personal Injury Attorneys Advise Social Media Best Practices While a judge must require a proof of relevancy before a plaintiff can be ordered to submit his or her social media materials, it is important that individuals protect themselves. The following best practices should be implemented at all times:
  • Once something is posted it is incredibly hard to delete from all corners of the digital world. Consider the permanency before you decide whether to post.
  • Private social media accounts are still subject to search.
  • All social media transactions are monitored to provide accurate time, date, and location stamps.
If you are involved in a court dispute, your personal injury attorney should take the time to go through your social media accounts to find any potential red flags. Above all, it is important to remember that during a court dispute you should not post any new content that you might later regret.[/vc_column_text][/vc_column][/vc_row]
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Immigration Tips for Review

Topics: Immigration

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Immigration in the Trump Administration

It’s been five months since the official inauguration of President Donald Trump. For people with an interest in the American immigration system, it's been an emotional roller coaster. Immigration concerns and fears of possible deportation have weighed heavily on the minds of immigrants and advocates. Back in January, Law Offices of Scott Warmuth immigration attorney Yesenia Acosta created a timely and informative video about things you should do with the new administration taking office. We thought it a perfect time to review these lessons as we approach the six month anniversary of the new administration.[/vc_column_text][vc_row_inner][vc_column_inner width="1/4"][/vc_column_inner][vc_column_inner width="1/2"][vc_video link="https://youtu.be/-Iqa6PkI_U0" align="center"][/vc_column_inner][vc_column_inner width="1/4"][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row]
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Freelancers: Are You Covered For Workers’ Compensation?

Topics: Workers' Compensation

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[vc_row][vc_column][vc_column_text]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’ comp. Since gig economy workers are allowed to unionize, organizing and bargaining for coverage could present another potential solution.[/vc_column_text][/vc_column][/vc_row]
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Sanctuary Cities: A Divisive Tactic for America’s Safety?

Topics: Immigration

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[vc_row][vc_column][vc_column_text]One of the biggest topics leading today’s news is immigration, specifically, the issue of Sanctuary Cities. What exactly is a Sanctuary City and how will it benefit the American people? Let’s start with, defining a Sanctuary City. According to  Wikipedia, the United States and Canada’s broad definition is,  “a city that limits its cooperation with the national government effort to enforce immigration law.” So, now, how will it benefit the American people? Again I will quote Wikipedia,
Leaders of sanctuary cities want to reduce the fear of deportation and possible family break-up among people who are in the country illegally so that such people will be more willing to report crimes, use health and social services, and enroll their children in school. Municipal policies include prohibiting police or city employees from questioning people about their immigration status and refusing requests by federal immigration authorities to detain people beyond their release date, if they were jailed for breaking local law.
Yesenia Acosta, Immigration Attorney at the Law Offices of Scott Warmuth and 2017 Super Lawyers’ Rising Star, recently presented alongside L.A. City Attorney Mike Feurer at the ICA Annual Seminar in Carlsbad to share their viewpoints on this hot topic of Sanctuary Cities. Attorney Acosta spoke about the effects of Sanctuary Cities from a private sector perspective, whilst City Attorney Feuer spoke about impacts in the public sector. Attorney Acosta provided insight as to the immigration law impacts, and how constituents are reacting to developments in this topic. This has become a divisive topic for cities that thrive on immigrants’ contributions in the economy and culture, yet face political pressure to ensure public safety by taking a tougher stance against undocumented immigrants, notes Attorney Acosta. She continued to explain that it became apparent at the conference the city officials were concerned that by taking the label of a sanctuary city, that they were viewed as providing harbor for unlawful activities to take place.  A concern that Acosta wanted to make clear was that sanctuary cities were not about harboring criminal aliens or rebelling against federal requests, but rather about protecting constitutional rights of all their residents (yes, including undocumented residents) from policies and procedures that have been validly challenged in federal courts.  City Attorney Feuer pointed out that the federal funding threatened only included three grants, and even that could only be impacted by a refusal to share information that was gathered by cities (which are not mandated to gather this info) on undocumented status of residents.  As of now, there has been an injunction on the executive orders, and the future implementation of the orders has yet to be fully resolved. The seminar turned out to be a very timely and informative gathering of the minds for the honored guest as well as the association members which are made up of elected officials from different cities across Southern California.  The elected officials wanted to know how to approach the topic from a legal and public perspective due to Trump’s recent executive orders announcing that federal funding would be cut for cities that the administration considered to be sanctuary cities. This remains an ongoing issue here in the United States, and could possibly continue to be for the remainder of the current Administration. Please share your viewpoints and concerns on this very important and crucial issue with us.[/vc_column_text][vc_column_text el_class="hidden"]Immigration has been a trending topic lately, particularly the issue of Sanctuary Cities. What exactly is a Sanctuary City and how will it benefit the American people? Let’s start by defining a sanctuary city. According to  Wikipedia, the United States and Canada’s broad definition is, “a city that limits its cooperation with the national government effort to enforce immigration law”. Why would that benefit the American people?
Leaders of sanctuary cities want to reduce the fear of deportation and possible family break-up among people who are in the country illegally so that such people will be more willing to report crimes, use health and social services, and enroll their children in school. Municipal policies include prohibiting police or city employees from questioning people about their immigration status and refusing requests by federal immigration authorities to detain people beyond their release date, if they were jailed for breaking local law.
Yesenia Acosta, immigration attorney at the Law Offices of Scott Warmuth and 2017 Super Lawyers' Rising Star, recently presented alongside L.A. City Attorney Mike Feurer at the recent Independent Cities Association (ICA) Annual Seminar in Carlsbad to share their viewpoints on the hot topic of sanctuary cities. Attorney Acosta spoke about the effects of Sanctuary Cities from a private sector perspective, whilst City Attorney Feuer spoke about impacts in the public sector. Attorney Acosta provided insight to the impact of immigration law and how constituents are reacting to developments of sanctuary cities. This has become a divisive topic for cities that thrive on immigrants’ contributions in the economy and culture, yet face political pressure to ensure public safety by taking a tougher stance against undocumented immigrants, notes Attorney Acosta. She continued to explain that it became apparent at the conference the city officials were concerned that by taking the label of a sanctuary city, that they were viewed as providing harbor for unlawful activities to take place.  A concern that Acosta wanted to make clear was that sanctuary cities were not about harboring criminal aliens or rebelling against federal requests, but rather about protecting the constitutional rights of all their residents (including undocumented residents) from policies and procedures that have been challenged successfully in federal courts.  City Attorney Feuer pointed out that the threats of reduced federal funding only affected three grants. The seminar turned out to be a very timely and informative gathering. ICA members are made up of elected officials from different cities across Southern California.  The elected officials in attendance wanted to know how to approach the topic from a legal and public perspective due to President Trump’s recent executive orders announcing that federal funding would be cut for cities that the administration considered to be sanctuary cities.  As of now, there is an injunction on executive orders targeting sanctuary cities and their future implementation has yet to be fully resolved. Please feel free to share your viewpoints and concerns with us by leaving a reply below.[/vc_column_text][/vc_column][/vc_row]
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Three Top Criminal Defense Strategies

Topics: Criminal Defense

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Ensure Innocent Until Proven Guilty

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. [/vc_column_text][/vc_column][/vc_row]