Jake Brower, Attorney At Law |Criminal Lawyer | Criminal Defense |DUI Defense Attorney |Felony Arrests |3-Strike Cases |Santa Ana, Orange County, CA

Has a Background Check Cost You a Job?

dennis — Thu, 17 May 2012 17:56:20 +0000

The LA Times shared an article recently discussing errors in background checks on job applicants that they might cost them the job.
In the past few years, it has become a common practice for employers to run background checks on a candidate. That being said, the service is offered by Internet companies that accumulate public information in databases to share with employers. Keep in mind though that the information provided by some of those companies isn’t always 100% accurate.
There were multiple cases where an individual was accused or arrested because of a crime but have been found innocent. Some of the errors projected in the background checks would reflect the accusation/arrest but wouldn’t include the end result; which in this case is innocence. Furthermore, some of the errors are based on similarities in names.
The LA Times article discusses a report that was issued by the National Consumer Law Center and how the authors of this report have provided suggestions on how to approach and fix the problem including urging “the Consumer Financial Protection Bureau to draw up regulations to ensure that background checks are accurate.” The article further mentions how the authors reached out to the Federal Trade Commission “to investigate the many companies that employers use to make sure they are not violating the Fair Credit Reporting Act, a federal law that protects consumers from false information in credit reports.”
Your lawyer should be very diligent about what is stated on your record in case you were accused of a crime. He/she needs to keep an eye and follow through to make sure that your record was updated with the correct information, including the end-result. Furthermore, always make sure to discuss with your lawyer how a felony would reflect on your record, if applicable. Different crimes are dealt with in different ways, but the one thing that is confirmed is that once included on your record, it takes a lot of time and efforts to get rid of it, if it is doable at all.
Such a small non-follow through can cost you The job you have been waiting for all your life.

Do you need direction or advice on how to approach this issue? Consult me with me today directly at 714-547-4000 for free consultation.

Jake Brower
Defense Attorney of Orange County
714-547-4000
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Is a Plea Bargain the Way to Go?

dennis — Tue, 01 May 2012 09:16:53 +0000

What is it that would make a difference in your case? What is it that could help you secure the best plea deal?

We hear stories, day in and day out; and we read about cases in newspapers and online, where things went wrong or where situations had gotten better. So what makes the difference in those cases? Is it the people you know? Is it how well your attorney is connected? Is it how rich you are? or your level of celebrity?

A few weeks ago, the mother of Miami Heat star, LeBron James, was still dealing with a battery charge as a result to an April 2011 altercation with a hotel valet parking. James’ mother accepted the Plea Deal and agreed to donate $1000.00 to a Haitian earthquake relief fund; in addition to contributing 20 hours of community service.

You may think that the rich and famous can get off the hook easily. Reality is, the law is the law… and you cannot get away with crime.

The story above is a perfect example how even the rich and famous, in this case James’ mother, would have to take responsibility to their crime and enter a plea deal. Don’t look down on the work that comes along with a “Plea Bargain.” Some of an attorney’s best work is done in the formulation of these agreements; in addition to tons of preparation and advice would go into directing a client how to best position themselves when it comes to a plea agreement.

Do you need direction or advice on how to approach this issue? Consult me with me today directly at 714-547-4000 for free consultation.

Jake Brower
Defense Attorney of Orange County
714-547-4000
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Counties and States Differing in Sentences

dennis — Tue, 17 Apr 2012 09:46:24 +0000

Cincinnati Bengals receiver, Jerome Simpson, plead guilty to marijuana trafficking charge in Covington, Ky. Simpson could receive a 60-day jail sentence, further affecting his future and career in the NFL; which could result in a suspension from the league.

It is all in the judge’s hands to whether or not accept the prosecutors’ recommendation.

This is an example to prove how counties and states differ in sentences. In this case, and if accepted by the judge, Simpson will receive only 60 days for trafficking marijuana. In Orange County, CA, a misdemeanor 2nd offense DUI will carry a similar sentence.

If an attorney isn’t familiar with the subtle nuisances of sentencing in their county, there can he a harsh shock for both, attorney and client. There is a vast difference in Orange County, CA, in the sentences and the time served on those sentences. For example, in Orange County, CA, you would do half of your time sentenced; in Los Angeles County, CA, it all varies, but you can do as little as 3% of your sentenced time.

Are you not sure where your case falls? Do you need direction or advice on how to approach this issue? Consult me with me today directly at 714-547-4000 for free consultation.

Jake Brower
Defense Attorney of Orange County
714-547-4000
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Celebrity Crimes: Withdrawing Pleas

dennis — Tue, 03 Apr 2012 10:07:51 +0000

A couple of weeks ago, the Los Angeles Times featured a story about former New York Mets Star and financial guru, Lenny Dykstra; accused of grand theft auto and filing false financial statements.

Refusing to be labelled a criminal, Dykstra admits not being proud of his actions but he didn’t apologize to the victims of his crimes. That being said, Dykstra got three (3) years in state prison. But because his crimes aren’t violent, he will not go to prison per se; Dykstra will serve in LA County, probably less than one year and will be housed separately because of his “celebrity” status.

Dykstra applied to the court to withdraw his plea before his sentence, but he was denied.

This is an example of how some attorneys will tell you anything you want to hear, in order for them to get hired.

No doubt, Dykstra’s new attorney was attempting to withdraw the plea submitted by prior counsel; but in order to succeed, there has to be very special circumstances. Courts don’t simply do it as a matter of course. Keep in mind that this is one reason why plea paperwork is so extensive in order to protect against buyers remorse.

Jake Brower
Defense Attorney of Orange County
714-547-4000
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Pot Shops; to Ban or not to Ban

dennis — Tue, 27 Mar 2012 09:45:51 +0000

In a recent LA Times (LATEXTRA) issue, there was an article sharing a recent state court decision that rejects bans on pot shots. Conflicting with other appellate court rulings, the decision was issued by a panel of a three-judge Court of Appeal in Santa Ana.

The decision is “the first in the state to prohibit cities from enacting zoning restrictions that effectively ban all Marijuana dispensaries,” wrote Maura Dolan, LA Times.

Local governments cannot prohibit medical Marijuana shops via this ruling. The restriction that comes with this decision states that all of the products must be grown on site; which refers to the following:

On site of sale
On site of the company that owns the dispensary (as some sellers grows are based in giant warehouses.)

It will be interesting to see how this case develops.

I can tell you though that, in Orange County, arrests almost always come out of someone in the supply chain reselling their “medicine;” then sure enough law enforcement comes down on them.

I have witnessed several cases where the growing equipment is left and the plant is taken since the grow is “legal” but the action of selling outside of the prescriptions is what does them in.

Do you need direction or advice on how to approach this issue? Consult me with me today directly at 714-547-4000 for free consultation.

Jake Brower
Defense Attorney of Orange County
714-547-4000
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