An Alameda Immigration Lawyer to Help You with Complex Californian Immigration Laws

By admin | September 15, 2018

The clash between California and the federal government over immigration laws is not hidden from the public anymore. As California continues to disharmonize with the federal government on undocumented immigrants, understanding the law becomes more difficult for employers, law enforcement departments, educational institutes, etc. It won’t be wrong to say that even the immigrants face some tough situation as they attempt to wrap their heads around the law when interacting and transacting with various local institutions as customers, students, and citizens.

Here is a basic snapshot of what Californian immigration laws look like and how having an Alameda immigration lawyer on your side can help you out of an unfriendly situation.

Employers and Immigrant Workers

Employers are faced with the biggest dilemma they ever have while employing undocumented immigrants and complying with federal law when it comes to immigration agents visiting their business for investigation. State law will penalize employers that let immigration agents interrogate their workers or go into their records without a legal warrant. If they allow investigations without warrants, employers can face penalties ranging from $2,000 to $10,000. On the other hand, ICE (US Immigration and Customs Enforcement) plans to increase the pace of its investigations to capture illegal immigrants in California since the state has become a Sanctuary State.

The Sanctuary State Law

That’s where the state and the federal governments have come head to head. California has become a sanctuary after the enactment of California Value Act that protects investigations and detaining of undocumented immigrants by federal agencies. With this law, federal agents cannot keep an individual detained until they have a federal warrant or proof of that individual’s felony. The law also prevents the state law enforcement officers from handing over undocumented immigrants to federal agencies unless that individual is a sex offender or has committed a crime in the last 15 years.

The crimes for which an individual can be given into federal custody have to be one of those that appear on California’s Trust Act.

Law Pertaining to E-Verify

E-verify, an internet-based system for validating an individual’s eligibility to work as a legal employee is commonly used in many other states whereas California has restrictions on its use. Californian counties and municipalities are not to make private employers follow ordinances pertaining to e-verify. Private employers, however, have the liberty to use or not use the system while hiring employees.

Educational Benefits

California’s DREAM act goes against the laws that many other states follow. Those states have higher rates of tuition for undocumented immigrants and lower tuition rates for their legal residents. The DREAM act allows undocumented immigrants to pay the same tuition fees that any legally residing students of the state pay. These same undocumented immigrant students can take advantage of various grants and aids available from the institutions too.

The Immigration law in California can be extremely confusing, especially when the state and the government are up in arms about each other’s take on undocumented immigrants. If you are an individual, educational institute, employer, etc. from California and the immigration law is confusing you, get in touch with Earl Jiang at 866-263-7866 for immediate assistance.

An Oakland Lawyer Is Indispensable When Opening a Cannabis Business

By admin | September 1, 2018

The days of struggle are gone and interested individuals can now start their own cannabis business in Oakland, California. While the Adult Use of Marijuana Act (AUMA) already allowed people to use marijuana personally, people who were interested in starting their marijuana businesses had to wait until January 1, 2018 before they could sell it legally. Medical and Adult Use of Cannabis Regulation and Safety Act, abbreviated to MAUCRSA, contains the regulations that govern the licensing process of cannabis businesses. Those who want to start theirs in Oakland should consider hiring an Oakland marijuana lawyer to complete the process smoothly.

The Important Considerations When Starting a Cannabis Business in Oakland

It is highly recommendable for anyone interested in starting such a businesses to know the many terms and conditions that apply to them.

The Business Location

The first law you have to know entails your business’ location. Your cannabis business must not be within 600 feet of a K-12 school. In addition to that, you have to main the same 600-ft distance from other dispensaries in the area and youth centers. It is imperative that you realize how Oakland will measure that distance. In this particular case, the city will calculate the distance based on the path of travel. You will also have to have official documents to prove your occupation of the space before you open the business.

The Fee and the Permit

Next, you will complete the permit application form and submit it to the city of Oakland. Other important submissions include the following:

A complete security plan
A secure floor plan
Information on Energy Star
Business registration documents
Occupation documents
Plan for mitigation of odor
Plan for beautifying the community
$2,474 application fee

The Ten Sign-offs

That’s where things can get a bit difficult for you. At this point, you will receive a permit inspection card from the City Manager’s Office that requires you to visit ten different departments and get signatures. Depending on the type of cannabis business you do e.g. cultivation, extraction, etc. you might or might not have to get all the signatures. Here are the names of the offices from where you will get the signatures.

Revenue management bureau
Alameda County Agriculture
Alameda County Environmental Health
Oakland Building Services (Building)
Oakland Building Services (Electrical)
Oakland Building Services (Plumbing)
Oakland Planning/Zoning
Easy Bay Municipal Utility District
Fire Prevention Bureau
Port of Oakland

Be sure to check the details of which sign-offs your business will require.

The Equity Permit Program

The equity program can be quite confusing for most people looking to start their cannabis businesses in Oakland. Only a handful of the businesses can obtain the permit as equity-eligible whereas others have to find different routes. Businesses will have to choose to be equity incubator or equity eligible. The third and last option for businesses is to be patient until these restrictions go away. There is no timeframe on when the restrictions will be removed.

If you have read all the information carefully, you realize at this point that it is still not a smooth ride for anyone who wants to start a marijuana business in Oakland today. With so many controversial regulations and processes to complete, it only makes sense for you to have a marijuana lawyer in Oakland on your side throughout the process. Contact Earl Jiang at 866-263-7866 before you initiate the licensing process for your marijuana business.

Why Will I Need a Hayward Marijuana Crime Lawyer When I Can Smoke legally?

By admin | August 15, 2018

Adults in Hayward are allowed to smoke marijuana thanks to the after the legalization of the drug in California. The industry is growing rapidly and facilitating customers since then. However, as per different marijuana laws, consumers did not get complete freedom yet as a set of rules has applied on purchasing, smoking, and cultivation of the drug. The law allows you to retain one ounce of marijuana and cultivate six plants without making the knowledge public.

When it comes to medicinal purposes, a qualified patient can possess around eight ounces of the drug. These patients can grow six mature and 12 immature plants. There is no doubt that the state is tolerant to recreational or medical marijuana but a slight violation of rules can land a consumer into hot waters. This is why you are advised to consult with a Marijuana Crime Lawyer in Hayward if caught in following cases:

Smoking Marijuana In Public

Smoking a joint in public is considered a felony even after the legalization of the cannabis. It is suggested to consume the drug only on private property. The law bans smoking a joint in public places where tobacco is illegal as well. You might land in serious trouble if found smoking the drug around restaurants, school campuses, hospitals, and public parks.

Consuming Marijuana While Driving

Driving while smoking or even consuming edibles made from the drug is strictly prohibited. You may come in contact with serious consequences if caught in the influence of the drug when driving. The rule also regulates how you store marijuana in the car. You will face a fine of $70 if an unsealed marijuana container is found in your possession.

The Stance Of Federal Government On Marijuana

Federal law still outlaws the possession of the drug. Pot dispensaries are instructed to keep an eye on the consumers via gathering information which federal prosecutors and agents can seize. The adults who purchase or consume a legalized amount will less likely be affected by any federal action. However, to avoid any inconvenience, you should not cultivate, buy, or consume the drug for medical or recreational purposes without measuring all the legal formalities.

Provide All Required Information

You are expected to provide a valid ID when buying marijuana – or a valid and legitimate medical prescription. You can provide your driving license, passport, or military ID as well. Trying to buy marijuana on a fake ID is a felony can land you in a very serious predicament with the law.

Termination On Possessing Marijuana

Proposition 64 empowers an employer to alter their drug policy. It is quite complex to deal with circumstances like these when the state has legalized the drug but employer takes action against you for using marijuana. This is one of the matters that should be met legally to prevent further damage.

Bottom Line

Drug charges can stay with you for a long time if not dealt appropriately. Contact Earl Jiang at 866-263-7866 and get your case solved legally.

Category: Criminal Defense