Tag: Fremont

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

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

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.

Talk to a Fremont Marijuana Crime Lawyer before Starting Your Marijuana Business

Talk to a Fremont Marijuana Crime Lawyer before Starting Your Marijuana Business

The cannabis industry is rapidly growing in the US after recreational marijuana was made legal to sell and use for adults in Freemont, California. The market has increased drastically, which brings an opportunity invest in the personal Marijuana business. This business idea is surely distinctive and extremely difficult to establish from other businesses. The drug is legalized now but you may need an attorney to start your organization steering clear of illegal practices.

A marijuana lawyer is the key player and will play an instrumental role in helping you legally bypassing the formalities and the legalities required to start a marijuana business. Marijuana businesses may involve complex requirements which a certified attorney can handle preventing you from landing in potential trouble.

Plus, there are two separate laws that govern the marijuana industry – especially when you talk about setting your own 4/20 business – the laws are – (MCRSA) which is short for the Medical Cannabis Regulation & Safety Act and An adult use of Marijuana act (AUMA), which is short for Adult Use of Marijuana Act.

Moreover, it is worth noting that each law is significantly different than other. However, the process of building up the drug business is similar to either one of the above mentioned regulatory schemes.

Reasons Why You Should Meet A Marijuana Crime Lawyer Before Setting Up Your Cannabis Business

Help in Official Dealing

There will be multiple corporate forms your business may require such as limited partnership (LP), general partnership (GP), limited liability partnership (LLP), sole proprietorship, or a corporation. An experienced attorney will work to make your business official by registering it with the state department of California.

Permission from Local Government

You need to submit a proof that county or municipal government has permitted you to set up the business as a condition of your application when obtaining a license for MCRSA business. The local government applies a different rule to AUMA. You are expected to get permission from the local government, in either case, to run your business smoothly.

The procedure of attaining a local conditional use permit (CUP) is a complex and expensive process at the same where you may need a legal help. This is because your business should comply with local zonings legal formalities. In most cases, a marijuana business is only allowed to operate in industrial zones. It is often not permitted to run a cannabis business from residential and commercial areas specifically the ones located near parks and schools.

To Obtain State License

Obtaining a state license could become an overwhelming experience. The AUMA has created 19 licenses for adult use of cannabis businesses whereas 17 licenses are allowed for MCRSA. AUMA does not restrict a business owner from manufacturing, growing, selling or testing marijuana. However, MCRSA provides license only for medical purposes.

You should expect an extensive procedure when applying for a state license in this context. Each condition comes with a series of complex steps and demands attention to details. For instance, you might need to provide information about the fertilizers and pesticides you will use, the size of your farm, waste removal, storage, and consumption of water when applying for cultivation license for AUMA.

Bottom Line

Setting up a marijuana business is a complicated process. Contact Earl Jiang at 866-263-7866 and solve your legal queries right now!

Knowing Drug Possession Laws in California and Hiring a Fremont Drug Crime Lawyer

Knowing Drug Possession Laws in California and Hiring a Fremont Drug Crime Lawyer

If you have been charged with a drug crime, your next step should be hiring a certified attorney who knows how to proceed further without hurting your reputation. In a drug case, it is essential to fulfilling all legal formalities to prevent future problems. That is why you should look for an experienced lawyer. He will comprehensively analyze your case and come up with solutions and evidence that can help you get off the hook – or lead to a win-win situation.

Before obtaining services from a drug crime lawyer, you should learn about drug possession penalties in California. This way, you will get a better insight into your case, and it will also help find an attorney who will win the case for you.

Drug Possession Penalties

According to Californian law, penalties for drug possession vary. There are two kinds of cases, i.e., simple drug possession and possessing drugs for sale. In both scenarios, a lawyer can file for plea deals to trace real offenders or crime leaders. It is worth noting that a lower-level criminal who agrees to co-operate with the investigation team, will not face a penalty.

Simple Drug Possession

The penalties aren’t heavy if the narcotic is a mild depressant and in a small quantity. However, your criminal background will be investigated along with the particular circumstances associated with the crime. In case of a misdemeanor, you may face county jail for a year. Also, you may encounter a fine of $1,000 and one-year in county jail – that is if you have been found guilty of drugs as a felony.

Drug Possession for Sale

The penalties for drug possession for sale are more substantial than simple drug crimes. You will be fined $20,000 and up to four years in county prison if you have kept drugs with the intent to distribute. However, there is a distinctive law for substances such as cocaine, cocaine base, or heroin. In this circumstance, you may be incarcerated in county jail as per the weight of narcotics in possession. Your sentence could be from 3 to 25 years.

However, legally circumventing the law might be possible – and that can only happen if you opt for the services of a highly skilled and reputed drug offense lawyer.

Experience in Particular Area

You need to comprehend the fact that an attorney who has settled divorce negotiations conclusively cannot help you with a drug conviction. There are drug crime defense attorneys who have specialized in the area. You need to find an experienced lawyer regarding your case to monitor every aspect associated with it.

Your Involvement in the Procedure

A good lawyer will always simplify the laws allowing you to understand how things will take place in a drug case and to make a decision with a clear mind. Your attorney should keep you engaged throughout the process and work passionately for the best outcome.

Bottom Line

Going through a drug conviction is a harrowing experience. To fight the charges and get the best outcome – don’t hesitate to call Earl Jiang at 866-263-7866.