1. You completed your sentence and all conditions of probation including payment of all fines and restitution and completion in court-imposed programs or classes
2. You are no longer on probation
3. You are not currently serving another sentence for any other offense
4. You have not been charged with another criminal violation
5. At least one year has passed since the court entered judgment in the case for which you are seeking the expungement

The post Is expungement right for you? appeared first on The Liskey Law Firm.

Still, don’t panic. It may not seem like it, but you do have options and the right lawyer can help you find them. What can you do if you have been charged with a second DUI in Pasadena?

Try to get your charges reduced and avoid jail time

For most people, the No. 1 concern with a second DUI is the likelihood of facing jail time. California has some of the toughest DUI laws — and judges don’t have much discretion when it comes to sentencing someone convicted a second time: You will go to jail for a minimum of 4 days and it could be up to a year. However, a good lawyer can help. Depending on the details of your case, your attorney might be able to get your charges knocked down to a lesser offense, like reckless driving, for which the penalty might not include jail. Your attorney might also be able to argue for any jail sentence you do receive to be served under house arrest or in a substance abuse treatment facility.

Review the details of your case for flaws

Make sure you have the right person review your file. An experienced attorney can find the strengths and weaknesses in your case and might be able to help you fight the charges based on information he or she finds. For example, your attorney might be able to determine that the officer who pulled you over didn’t have probable cause; maybe the officer can’t prove in court that he or she suspected a crime was being committed at the time, something he or she needs to be able to do to defend the decision to stop your vehicle. If the officer can’t show probable cause, it could mean some of the evidence against you can be thrown out.

Your attorney might also be able to find flaws with the reliability of the field sobriety test you participated in. Did the officer follow proper procedure, taking into account any medical condition or the condition of the pavement where the sobriety test was conducted. Were there possibly flaws in the accuracy of your blood alcohol concentration (BAC) level reading? Breathalyzer tests can be proven wrong.

Look for options to reduce your penalties

A second DUI conviction comes with fines that could reach $1,000 or more. Find out if you can have the penalties reduced by performing community service. You will likely lose your license for a year if you’re convicted, but you may be able to apply for a restricted license after a certain period of time if you agree to install an ignition interlock device in any car you drive. (This is a handheld mouthpiece that can measure your alcohol level when you blow into it ; if your BAC is too high, it won’t allow the ignition to start.)

You will likely have to complete a court-ordered DUI program as a penalty but you might want to proactively attend AA meetings or a Mothers Against Drunk Driving course to show the court that you are taking this matter seriously and trying to prevent it from happening again.

Most importantly, hire the right attorney

You don’t have to do any of this alone. An experienced attorney can make all the difference in fighting the charges or arguing for less severe penalties. At the Liskey Law Firm, we are here to help. We know the impact that a second DUI can have on your life and we have other clients in your very situation reduce or eliminate the charges against them. We may be able to help you avoid jail time. Your initial consultation with us is designed to answer your questions about the legal process ahead of you and to come up with a plan that works. Give us a call today. We look forward to working with you.

The post What to do if you are charged with a second DUI in Pasadena appeared first on The Liskey Law Firm.

Title VII of the Civil Rights Act of 1964 outlaws sexual harassment and applies to all federal employees and to private employers with at least 15 employees. California has its own law pertaining to sexual harassment under the Fair Housing and Employment Act (FHEA).

Sexual harassment is not confined to female employees. If offensive sexual comments are directed to males, or gay, lesbian or transgender employees, it can constitute actionable harassment, entitling them to compensation.

Common examples of sexual harassment include the following:

•             Sending sexually explicit emails or depictions to you and/or to other coworkers
•             Gossip of a coworker to others that you are sexually promiscuous
•             Continually making  sexually tinged or offensive jokes or leering in your presence
•             Making sexual comments or references to your style of dress or appearance
•             Persistent requests for dates despite your refusals
•             Sexual assault or rape
•             Termination or denial of a pay increase or other benefit because you refused a supervisor’s sexual advances (quid pro quo harassment)
•             Retaliatory termination after complaining of sexual harassment

You may have an actionable claim based on a single incident where your supervisor or employer terminated you, demoted you or otherwise treated you unfairly for refusing to date him or her or for refusing romantic advances. If the conduct is harassment, however, then the harassing behavior must be persistent and occur frequently so as to create a hostile working environment. This is a workplace that a reasonable person would consider as so intolerable or offensive as to make it substantially difficult to perform your work. There must also be evidence that you found the behavior intolerable and that it caused you mental distress so that you were unable to perform your work.

What to Do if You are Sexually Harassed

You do have recourse if you are victimized. If you are a union member, there is likely a collective bargaining agreement in place with a policy prohibiting such conduct and detailing the steps you need to take. Generally, you should contact your union representative to file a grievance. Most businesses also have policies regarding sexual harassment to protect themselves from liability and have established protocols so that there are designated individuals, or Human Resources personnel, to receive complaints about the behavior.

The employer must investigate your complaint by interviewing you, your co-workers and the accused harasser and gathering any materials that you found offensive. The parties may meet with the employer or representative to discuss the behavior and to attempt to arrive at a resolution. This may include warning the harasser, sanctioning, or possibly reassigning him or her.

The employer should also conduct trainings to all employees while monitoring the workplace for repeated incidents. Under California law, the employer must take steps to remedy the situation and to prevent the harasser from continuing the behavior.

You can also file a complaint with the Equal Employment Opportunity Commission or EEOC, or with the California Department of Fair Housing and Employment if filing under the FHEA. Your EEOC complaint must be filed within 300 days of the last discriminatory act. If filing under the FHEA, you have one year.

Both agencies will investigate your complaint. The EEOC can suggest mediation, attempt a resolution, file a lawsuit on your behalf or deny your complaint and issue a right-to-sue letter.

After you receive the letter, you can file a suit in court. You must also exhaust your administrative remedy with the Department of Fair Housing and Employment before filing a suit in state court. You do have the option of simply requesting the FHEA to issue a right-to-sue letter so you can immediately proceed to file in court.

California law also has a strict liability rule if a supervisor is the harasser. Once proved, you are automatically entitled to damages.

Remedies for Sexual Harassment

Regarding damages in a successful sexual harassment case, you may collect compensation for:

•             Past and future medical or psychological expenses
•             Past and future income loss
•             Emotional distress
•             Attorney’s fees and costs
•             Spousal claim for loss of consortium
•             Punitive or exemplary damages

Punitive damages are recoverable upon sufficient proof that the employer condoned or ratified the harassing conduct and/or failed to investigate or sanction the harasser despite convincing evidence that it had occurred.
Take action if you are sexually harassed at work in any of the circumstances discussed herein by calling the Liskey Law Firm and get the legal advice you need from attorneys who understand and care. You have the right to perform your work free of such offensive behavior and in an environment where you can work to the best of your ability and to advance based solely on your meeting company performance standards that apply to all.

The post Immediate Legal Steps to Take if You Have Been Sexually Harassed at Work appeared first on The Liskey Law Firm.

Clearly you are not alone in your predicament. San Francisco 49er’s superstar Aldon Smith has been making big DUI headlines a bit lately. As one American put it, “Your best teacher is your last mistake.” There are ways to possibly reduce your sentence so that you can turn focus to the road ahead.

That road involves getting yourself driving again in a responsible manner that proves a growing track record of success to the courts and to the Department of Motor Vehicles. Just how is this accomplished? Let’s take a closer look.

The first step will be to identify and scrutinize the exact category of your first DUI offense.  Driving under the influence (DUI) is charged to California drivers according to these categories:

• Drivers Under 21 – Blood Alcohol Concentration (BAC) LIMIT = 0.01%
• Adult Drivers – Blood Alcohol Concentration (BAC) LIMIT = 0.08%
• Commercial Drivers – Blood Alcohol Concentration (BAC) LIMIT = 0.04%

With the help of an attorney who specializes in DUI, you may be able to get the DUI charge thrown out. Typically, your defense claim might be that the sobriety testing was administered improperly or that the officer involved did not actually have probable cause to be testing you for DUI. If this can be proven, you’re off the hook.

If that’s not the case, with a first offense DUI, you can expect county jail time equaling anywhere from four days to six months (of which 48 hours shall be continuous). If you have a sparkling record coming into this, another route to consider with the help of an attorney is an appeal to the courts for full consideration of your record. We all do make mistakes, and if it can be strongly demonstrated that this is not part of a larger pattern, but instead a one-time lapse, you might be able to plead for a lesser charge, avoid incarceration and see a reduction of your fines. The financial legal penalty for a first time DUI in California will range between $390 to $1,000.

California law will also require you to enroll in a DUI class after a conviction. These courses are designed to promote awareness of the dangers of drinking and driving and aim to prevent a future occurrence. A typical class will require a 30-hour commitment to complete. Sometimes called alcohol education programs (AEP), an added benefit of these programs is that faithful completion can sometimes bring a reduction of fines and elimination or reduction of jail time, depending on the circumstances of your case.

Community service becomes a popular choice for many when seeking to reduce fines: It’s a matter of paying with money or paying with time. So if money is tight, asking the courts to convert some of your fines into community service may be beneficial. There will sometimes be a fine involved along with the service request, but the courts hear these requests often and have protocols in place to resolve the matter. According to the DUI foundation, some of the more popular community service programs for first offense DUI include:

• Speaking in front of groups about the dangers and consequences of drunk driving
• Helping anti-drunk driving associations
• Cleaning up highways
• Volunteering at charities

Bringing on an attorney to help your cause is typically the strongest path forward. Avoid the snares of legal and financial mistakes by setting yourself up for a favorable outcome with a strong team behind you. A first DUI offense need not hold you down for the long term; with proper counsel, you can work quickly toward reinstating your license and, more importantly, reinstating your peace of mind. If you are handling your first DUI offense, contact the experienced attorneys at the Liskey Law Firm today.

The post Legal Options for Handling a First Offense DUI appeared first on The Liskey Law Firm.

DUI’s are complicated, and working with the prosecutor and judge handling your case requires particular knowledge and experience. This is why you should work with an experienced DUI attorney to try to get the best results possible.

The sentences available to be attached to a Pasadena DUI conviction are designed to accomplish a range of objectives, including: punishment, alcohol and drug education and rehabilitation. Showing the court handling your case that you understand your need for rehabilitation before they tell you shows maturity and accountability. Another thing you can do to try to reduce your DUI charge is to work at Pasadena community service locations. These include:

• Soup kitchens: A DUI is seen as endangering your community so working at a local Pasadena soup kitchen or homeless shelter (Union Station Homeless Services is a great example) is a way to show that you are committed to helping your local community.
• American Red Cross: With one located at 430 Madeline Drive, the American Red Cross is a nationally recognized organization that always welcomes new volunteers.
• Back to the Scene of the DUI: Were you charged with a DUI in an area that could use volunteer work? For instance, if you were pulled over near a local park, look into whether you can pick up trash there. If you were pulled over near a senior citizens center or residential site, consider volunteering at that location. Not only will this show positive actions within the community, it is also a great chance to really give back to the area you impacted the most.

As you can see from the list above, there are a lot of great community service options in Pasadena (and beyond) to explore. Who knows? You may find an organization you want to work with long after you are done dealing with your DUI charge.

If you have recently been charged with a DUI, do not hesitate to call the Liskey Law Firm for help. Time is of the essence in these cases, so pick up the phone today and let’s begin working toward a solution.

The Liskey Law Firm:

At the Liskey Law Firm, we are here to help. We know the impact a DUI can have on your life and we have helped a number of clients in your very situation reduce or eliminate the charges against them. Being proactive with community service is just one example of a successful strategy aimed at reducing the charges against you. Your initial consultation with us is designed to answer your questions about the legal process ahead of you and to come up with a plan that works. Give us a call today. We look forward to working with you.

The post I Just Got My First DUI — What Should I Do? appeared first on The Liskey Law Firm.

•       Mistreatment of other employees
•       Because of restructuring, your job has been eliminated
•       Poor performance
•       Violation of no-theft policy
•       Violation of hate-speech policy or sexual harassment
•       You can no longer perform the physical requirements of the job
•       The company is laying off workers for financial reasons

Anti-Discrimination Laws

Regardless if you are an “at-will” employee or one under contract that specifies the reasons for terminating you, no employer can fire you if it was for a discriminatory reason. Federal law prohibits employment discrimination as do state laws, though they vary on expanding the definition of discrimination. In California, your employer may have violated the California Fair Employment and Housing law based on sex, age, color, national origin, disability, marital status and sexual orientation. Some states and cities actually prohibit employment discrimination based on height or appearance.

Though your employer may have given a seemingly valid reason for terminating you, it may have had a discriminatory effect. For instance, if the restructuring or firing for financial reasons included you and every other employee 55 and over, it has the appearance of age discrimination. If only females who are obese were terminated while overweight males were not, it could constitute gender discrimination.

Though an employer might validly fire you for some seemingly unreasonable reason such as your ugly clothing or shoes, if you can show that your clothing protects you from toxic chemicals or that you have to wear orthopedic shoes, then the employer may be liable for not finding you a reasonable accommodation. A reasonable accommodation is to be offered someone with a legally recognizable disability or if the employer recognizes the condition as a disability. Once the employee informs the employer of the disability, which must be long term, then an accommodation needs to be developed so the employee can perform the job. It is not required if the accommodation would create an undue hardship on the employer. If not, then you may have a cause of action under the Americans with Disability Act or applicable state law.

Other Illegal Reasons for Employee Termination

•       Whistleblower Retaliation

There are a number of laws relating to protecting workers for reporting their employers to government agencies or to their own supervisors for illegal conduct. Called “whistleblower” laws, these provide remedies to employees who are fired in retaliation for investigating or reporting such violations. A whistleblower under California’s whistleblower law is also an employee who is fired for refusing to engage in illegal conduct or which would be in noncompliance with a state or local regulation. If successful, a whistleblower employee may be entitled to reinstatement, lost wages and benefits.

•       Reporting OSHA Violations

OSHA is the governmental body that implements safety standards and investigates and fines employers for workplace safety violations. Many of OSHA’s investigations begin when a worker reports a violation. It is illegal for an employer to fire anyone in retaliation for reporting one. No employer will admit to that, of course, and will find some excuse to fire the reporting worker such as unfounded accusations of misconduct or poor performance. The lack of documentation of poor production or performance and the timing of the firing are usually factors in successful retaliatory firing complaints.

•       Violations of Public Policy

California also forbids the firing of any employee if the firing violated public policy as an exception to the “at-will” statute pursuant to Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167.  These laws are intended to protect the public from unlawful conduct by employers and to protect the civil rights of workers. Public policy lawsuits concern the following categories:

1.     Refusal to violate a statute
2.     For performing a statutory obligation
3.     For exercising of a constitutional right
4.     Reporting a statutory violation

These categories include the reporting of safety violations or criminal conduct by employers but expands it to protections for exercising civil rights or following regulations. You do have to demonstrate that you were following a certain legal obligation or were exercising a right such as voting or joining a union and relate it to your dismissal before you can be compensated for retaliatory termination.

If you feel you were unjustly fired and can show that the underlying reason was discriminatory or otherwise unlawful, immediately seek competent legal counsel to explore your legal options.

The post Common Employer Excuses When You are Unjustly Fired from Your Job appeared first on The Liskey Law Firm.

The wise marijuana user will study up on the drug possession laws in California. It is important to know just how much marijuana you can legally possess, where you can and cannot use it, what happens when you are caught with pot, and steps toward obtaining a medical marijuana card.

Marijuana for Personal Use

You cannot yet legally possess marijuana for personal recreational use (“simple possession”) in the state of California even though you may carry marijuana with a valid doctor’s recommendation. California has decriminalized the simple possession of marijuana in the regulations and penalties set down by the state in Health and Safety Code 11357 HS. The number to keep in mind is 28.5 grams (about one ounce) if you make the choice to carry weed on your person or in your vehicle.  Simple possession of marijuana not exceeding 28.5 grams is only punishable by a $100 fine; you will not see jail time if charged with simple possession because you are committing a non-criminal infraction of the law and not a crime.

However, if your possession happens near or on a school campus (grades K-12), you move into the penalty category of a misdemeanor. Possession of 28.5 grams or less on school grounds by someone 18 years of age or older can carry a sentence of 10 days in jail and a maximum fine of $500. If you are under 18, fines will be assessed immediately, and with your second offense, you can expect a visit to juvenile detention. Simple possession of more than 28.5 grams of marijuana will bring a misdemeanor punishment of six months of jail time and a maximum fine of $500.

The strongest penalties for possessing marijuana for personal use are reserved for concentrated cannabis, also known as “oil,” “wax” or “shatter.” Whereas the typical marijuana leaf contains about 30 percent or less tetrahydrocannabinol (THC), the principal psychoactive chemical in marijuana, concentrated cannabis can be more than 80 percent pure THC. And with that much of the active ingredient, concentrated cannabis is held to a much higher legal standard, carrying jail time of up to three years if the penalty gets categorized as a felony.

Each category of drug possession laws for marijuana gets regulated by Health and Safety Code section 11357-11362.9. Those categories include marijuana cultivation, possession with the intent to sell, selling marijuana to a minor, and legal codes regarding the movement, gifting or importing of marijuana.

California Proposition 215 made medical marijuana legal. Also known as the Compassionate Use Act (“CUA”) of 1996, this determined who could use marijuana for medical purposes. The CUA stands “to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.” With the passing of this proposition, many medical dispensaries and “green doctor” clinics around California opened for business.

How do you qualify for a medical marijuana license? First, you will need to determine if your medical condition is covered. If your condition is listed above in the CUA, chances are you will qualify. In order to apply for the card, you’ll need to find a doctor who is licensed to prescribe medicinal marijuana. That doctor will discuss your condition, your medical history, and make a final determination of whether you are a good candidate for medical marijuana treatment. If so, you will fill out an application, the doctor will write you a recommendation (often called a “rec”), and you’ll pay anywhere from $60 to $250, depending on the area.

If you have any questions about the law regarding possession of marijuana, contact the experienced attorneys at The Liskey Law Firm in Pasadena.

The post How Much Marijuana is Legal to Possess in Pasadena, CA? appeared first on The Liskey Law Firm.

There are a number of circumstances in which an employer may commit wrongful termination.  Some of the most common ways employers unfairly fire an employee are: breach of employment contract, discrimination, retaliation, employee’s refusal to commit crime, hostile work environment, and discontinued employment after serving in the military.

Breach of Employment Contract

Though California is an at-will state (meaning you can be fired without good cause), a written employment agreement will dictate the manner in which your employment can be terminated.  If the employment contract promises job security, then you are likely not an at-will employee, and termination of employment must be for good cause.  Even a verbal promise may create an exception to the “at-will” rule.

Discrimination

Implementing discriminatory practices in the workplace is the easiest way for an employer to be hauled into court.  The law protects a person from being terminated on account of being a member of a “protected class” of people.  You are part of a protected class if you were fired based on your: race, nationality, religion, gender, age, sexual orientation, or disability.

Retaliation

If an employer discharges an employee because the employee exercised some right (i.e., filing of a discrimination claim, filing a worker’s compensation claim, filing a claim based on a wage dispute, cooperating with an investigation of the employer, applying for stress leave, etc.), then the employee has a claim for wrongful termination.  

Employee’s Refusal to Commit a Crime

The law only protects employers and employees who operate within the guidelines of the law.  No employer has the right to require an employee to engage in any unlawful conduct.  Therefore, if an employee is fired because he/she refuses to participate in illegal activities at the command of the employer, then he/she has been wrongfully terminated and they have the right to sue.

Hostile Work Environment/Sexual Harassment

Any type of harassment in the workplace is a violation of Title VII of the Civil Rights Act of 1964.  Harassment is unwelcome conduct that becomes unlawful when enduring the offensive conduct becomes a condition of continued employment or the conduct is severe enough to create a work environment that a reasonable person would consider intimidating or abusive.  Sexual harassment and bullying are common forms of harassment.  According to the EEOC, a victim does not necessarily have to be the person who was harassed, but anyone effected by the offensive conduct.

Military Service

Under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), anyone who leaves his/her job for military service is entitled to return to that civilian job.  A member of the military who returns to work after serving in the military cannot be terminated without “just cause” for six months if they served at least 30 days, or for one year if they served for at least 180 days.

A wrongful discharge is a very serious matter, especially since it effects one’s livelihood.  Being an adversary against an employer can be challenging and intimidating.  The Liskey firm is equipped and readily available to advocate for your employment rights.  Contact them immediately to pursue any recourse against an employer engaged in unlawful employment practices.

The post Were You Fired Fairly? Determining Wrongful Termination appeared first on The Liskey Law Firm.

Breach of Contract

If you were terminated in breach of an employment contract, then the most appropriate remedy is to seek damages in civil court.  The issues involved in this type of claim will revolve around the terms and conditions of a written agreement.

Harassment

If you were terminated based on any type of harassment, then federal and state laws are in place for protection and to establish eligibility for seeking remedies.  Being subject to annoying comments, petty remarks, or a one-time incident will likely not rise to unlawful conduct and not be categorized as harassment.  However, extreme or ongoing offensive behavior and conduct, insults, physical threats, and repetitive interference with work performance will constitute harassment and be grounds for filing suit if such action led to a wrongful termination.

EEOC

The Equal Employment Opportunity Commission (EEOC) will help facilitate a wrongful termination claim. In most instances, the first step in filing a wrongful termination claim is to file a complaint with the EEOC, along with supporting documentation (i.e., employment contract, pay stubs, employment records, credentials, witness statements, etc.), after which the agency will conduct its own investigation.  The law requires that a complaint is filed within 180 days from the day the discrimination took place (in some instances, this deadline is extended to 300 days).  If a case involves a federal employee, this number is significantly reduced to 45 days, but can be extended under certain circumstances.  If at the conclusion of EEOC’s investigation they make a finding in favor of the terminated employee, they will issue a “Right to Sue” letter.

Once a “Right to Sue” letter is received, it is now appropriate to file a civil suit in federal or state court, depending on who your employer was and the scope/nature of your employment.  In special, select cases, the EEOC will file its own employment discrimination law suit on behalf of the employee who was wrongfully terminated.  The EEOC will consider several factors when determining whether or not to file a lawsuit.  These factors include, but are not limited to: the seriousness of the violation, the type of legal issues in the case, and the wider impact the case could have on public policy and the fight against workplace discrimination.

Regrettably, the EEOC does not have the resources to file a claim on behalf of every employee discriminated against and wrongfully terminated by their employer.  Fortunately, the Liskey firm is available to appropriately allocate liability for wrongful termination, as it pertains to the employer, especially when the employer is a government entity or powerful corporation.  These employers may be more resourceful with gigantic legal teams, but it does not give them the right to engage in unlawful employment practices and infringe upon the benefits of a contractual relationship, interfering with the right to make an honest living.
The Liskey Law Group is well equipped and determined to help you contest a wrongful termination claim, and put forth every effort to secure an appropriate remedy for any unlawful discharge.  Do not hesitate to contact one of their legal professionals, as time could very well be of the essence.

The post What can I do if I was wrongfully terminated? appeared first on The Liskey Law Firm.