Uber and Lyft prepare for shutdown in California As of January the 1st, 2020, the California Assembly Bill 5 (AB5) was introduced, extending employee status to gig workers. Essentially, with AB5 in play, companies such as Uber and Lyft must prove it’s workers, in this case, drivers, are independent contractors and not employees, requiring their…
The Supreme Court determined that LGBT workers are protected against job-related discrimination. Here is what the ruling means. In what will soon be an historical victory, the Supreme Court announced that civil rights laws protect gay, lesbian, and transgender people from employment discrimination. The ruling, released on June 15, 2020, comes during Pride Month from…
On June 19, 2020 attorneys in our firm attending a continuing legal education seminar on how to effectively use Zoom to appear in federal court. Federal Judge John Munoz and Federal Magistrate Judge Stanley Boone were presenters, along with Keith Holland, Clerk of the federal court for the United States District Court, Eastern District of…
This question is on the minds of many people – including law enforcement officers. The federal statute is 18 United States Code § 242 – titled Deprivation of Rights Under Color of Law. Law enforcement officers’ work and actions – on duty or off duty efforts to enforce the law – are ‘acting under the…
Greed In The Family Jeff Hammerschmidt reflects on the Ewell Family Murder on Oxygen channels In Ice Cold Blood
A wet reckless charge is a reckless driving charge that involved alcohol or drugs. When a driver is pulled over for drunk or drugged driving and fails or refuses to take a preliminary alcohol screening (PAS) test, he or she cannot be charged with wet reckless. The driver would be charged with a DUI. The…
California follows the implied consent law, which means drivers imply their consent to blood alcohol content (BAC) testing just by operating a motor vehicle. If a driver is arrested for suspicion of driving under the influence, they will be required to complete one or more of the following chemical tests: DUI Chemical Tests in California…
Reforming the bail system in California has been a heated topic for nearly half of a century. The cash-bail system has been criticized as biased toward those who can afford to pay for their release. It is scrutinized for keeping the poor imprisoned and for challenging the constitutional right of being seen as innocent until…
Recent studies, including one conducted by the University of California at Davis, have shown a marked decrease in DUI arrests in major cities across the state. The studies suggest that DUI arrests fell 32 percent in San Diego, 28 percent in San Jose, 26 percent in Sacramento and 14 percent in Los Angeles as well…
Police officers rely on multiple methods to determine whether motorists are under the influence of alcohol. One of the most traditional methods is the “Standardized Field Sobriety Test” (SFST). The SFST consists of three separate tests that officers use to measure coordination, balance and eye movement. The three parts of SFST are as follows: The…
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Hammerschmidt Law Corporation's criminal defense attorneys are located in Fresno, CA and serve Central California clients, including those in Fresno, Kings, Madera, Tulare, Merced and Stanislaus counties. We are available to represent clients in all federal courts in the United States. Attorney Advertising: This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.