#employment attorney in orange county

[etehadlawapc]

Injured in a Waymo self-driving car accident Etehad Law provides legal guidance to help you pursue compensation for damages caused by autonomous vehicles. Contact us to understand your rights and secure the support you need after a self-driving car crash.

[mostlysignssomeportents]

Housing is a labor issue

There's a reason Reagan declared war on unions before he declared war on everything else – environmental protection, health care, consumer rights, financial regulation. Unions are how working people fight for a better world for all of us. They're how everyday people come together to resist oligarchy, extraction and exploitation.

Take the 2019 LA teachers' strike. As Jane McAlevey writes in A Collective Bargain, the LA teachers didn't just win higher pay for their members! They also demanded (and got) an end to immigration sweeps of parents waiting for their kids at the school gate; a guarantee of green space near every public school in the city; and on-site immigration counselors in LA schools:

https://pluralistic.net/2023/04/23/a-collective-bargain/

Unionization is enjoying an historic renaissance. The Hot Labor Summer transitioned to an Eternal Labor September, and it's still going strong, with UAW president Shawn Fain celebrating his members victory over the Big Three automakers by calling for a 2028 general strike:

https://www.teenvogue.com/story/uaw-general-strike-no-class

The rising labor movement has powerful allies in the Biden Administration. NLRB general counsel Jennifer Abruzzo is systematically gutting the "union avoidance" playbook. She's banned the use of temp-work app blacklists that force workers to cross picket lines:

https://pluralistic.net/2023/07/30/computer-says-scab/#instawork

She's changed the penalty for bosses who violate labor law during union drives. It used to be the boss would pay a fine, which was an easy price to pay in exchange for killing your workers' union. Now, the penalty is automatic recognition of the union:

https://pluralistic.net/2023/09/06/goons-ginks-and-company-finks/#if-blood-be-the-price-of-your-cursed-wealth

And while the law doesn't allow Abruzzo to impose a contract on companies that refuse to bargain their unions, she's set to force those companies to honor other employers' union contracts until they agree to a contract with their own workers:

https://onlabor.org/gc-abruzzo-just-asked-the-nlrb-to-overturn-ex-cell-o-heres-why-that-matters/

She's also nuking TRAPs, the deals that force workers to repay their employers for their "training expenses" if they have the audacity to quit and get a better job somewhere else:

https://pluralistic.net/2023/09/14/prop-22-never-again/#norms-code-laws-markets

(As with every aspect of the Biden White House, its labor policy is contradictory and self-defeating, with other Biden appointees working to smash worker power, including when Biden broke the railworkers' strike:)

https://pluralistic.net/2023/09/18/co-determination/#now-make-me-do-it

A surging labor movement opens up all kinds of possibilities for a better world. Writing for the Law and Political Economy Project, UNITE Here attorney Zoe Tucker makes the case for unions as a way out of America's brutal housing crisis:

https://lpeproject.org/blog/why-unions-should-join-the-housing-fight/

She describes how low-waged LA hotel workers have been pushed out of neighborhoods close to their jobs, with UNITE Here members commuting three hours in each direction, starting their work-days at 3AM in order to clock in on time:

https://twitter.com/MorePerfectUS/status/1669088899769987079

UNITE Here members are striking against 50 hotels in LA and Orange County, and their demands include significant cost-of-living raises. But more money won't give them back the time they give up to those bruising daily commutes. For that, unions need to make housing itself a demand.

As Tucker writes, most workers are tenants and vice-versa. What's more, bad landlords are apt to be bad bosses, too. Stepan Kazaryan, the same guy who owns the strip club whose conditions were so bad that it prompted the creation of Equity Strippers NoHo, the first strippers' union in a generation, is also a shitty landlord whose tenants went on a rent-strike:

https://pluralistic.net/2023/05/20/the-missing-links/#plunderphonics

So it was only natural that Kazaryan's tenants walked the picket line with the Equity Stripper Noho workers:

https://twitter.com/glendaletenants/status/1733290276599570736?s=46

While scumbag bosses/evil landlords like Kazaryan deal out misery retail, one apartment building at a time, the wholesale destruction of workers' lives comes from private equity giants who are the most prolific source of TRAPs, robo-scabbing apps, illegal union busting, and indefinite contract delays – and these are the very same PE firms that are buying up millions of single-family homes and turning them into slums:

https://pluralistic.net/2022/02/08/wall-street-landlords/#the-new-slumlords

Tucker's point is that when a worker clocks out of their bad job, commutes home for three hours, and gets back to their black-mold-saturated, overpriced apartment to find a notice of a new junk fee (like a surcharge for paying your rent in cash, by check, or by direct payment), they're fighting the very same corporations.

Unions who defend their workers' right to shelter do every tenant a service. A coalition of LA unions succeeded in passing Measure ULA, which uses a surcharge on real estate transactions over $5m to fund "the largest municipal housing program in the country":

https://unitedtohousela.com/app/uploads/2022/05/LA_City_Affordable_Housing_Petition_H.pdf

LA unions are fighting for rules to limit Airbnbs and other platforms that transform the city's rental stock into illegal, unlicensed hotels:

https://upgo.lab.mcgill.ca/publication/strs-in-los-angeles-2022/Wachsmuth_LA_2022.pdf

And the hotel workers organized under UNITE Here are fighting their own employers: the hoteliers who are aggressively buying up residences, evicting their long-term tenants, tearing down the building and putting up a luxury hotel. They got LA council to pass a law requiring hotels to build new housing to replace any residences they displace:

https://www.latimes.com/california/story/2023-11-28/airbnb-operators-would-need-police-permit-in-l-a-under-proposed-law

UNITE Here is bargaining for a per-room hotel surcharge to fund housing specifically for hotel workers, so the people who change the sheets and clean the toilets don't have to waste six hours a day commuting to do so.

Labor unions and tenant unions have a long history of collaboration in the USA. NYC's first housing coop was midwifed by the Amalgamated Clothing Workers of America in 1927. The Penn South coop was created by the International Ladies Garment Workers’ Union. The 1949 Federal Housing Act passed after American unions pushed hard for it:

http://www.peterdreier.com/wp-content/uploads/2014/07/Labors-Love-Lost.pdf

It goes both ways. Strong unions can create sound housing – and precarious housing makes unions weaker. Remember during the Hollywood writers' strike, when an anonymous studio ghoul told the press the plans was to "allow things to drag on until union members start losing their apartments and losing their houses?"

Vienna has the most successful housing in any major city in the world. It's the city where people of every income and background live in comfort without being rent-burdened and without worry about eviction, mold, or leaks. That's the legacy of Red Vienna, the Austrian period of Social Democratic Workers' Party rule and built vast tracts of high-quality public housing. The system was so robust that it rebounded after World War II and continues to this day:

https://www.politico.eu/article/vienna-social-housing-architecture-austria-stigma/

Today, the rest of the world is mired in a terrible housing crisis. It's not merely that the rent's too damned high (though it is) – housing precarity is driving dangerous political instability:

https://pluralistic.net/2021/06/06/the-rents-too-damned-high/

Turning the human necessity of shelter into a market commodity is a failure. The economic orthodoxy that insists that public housing, rent control, and high-density zoning will lead to less housing has failed. rent control works:

https://pluralistic.net/2023/05/16/mortgages-are-rent-control/#housing-is-a-human-right-not-an-asset

Leaving housing to the market only produces losers. If you have the bad luck to invest everything you have into a home in a city that contracts, you're wiped out. If you have the bad luck into invest everything into a home in a "superstar city" where prices go up, you also lose, because your city becomes uninhabitable and your children can't afford to live there:

https://pluralistic.net/2021/09/27/lethal-dysfunction/#yimby

A strong labor movement is the best chance we have for breaking the housing deadlock. And housing is just for starters. Labor is the key to opening every frozen-in-place dysfunction. Take care work: the aging, increasingly chronically ill American population is being tortured and murdered by private equity hospices, long-term care facilities and health services that have been rolled up by the same private equity firms that destroyed work and housing:

https://pluralistic.net/2023/04/26/death-panels/#what-the-heck-is-going-on-with-CMS

In her interview with Capital & Main's Jessica Goodheart, National Domestic Workers Alliance president Ai-jen Poo describes how making things better for care workers will make things better for everyone:

https://prospect.org/labor/2023-12-13-labor-leader-ai-jen-poo-interview/

Care work is a "triple dignity investment": first, it makes life better for the worker (most often a woman of color), then, it allows family members of people who need care to move into higher paid work; and of course, it makes life better for people who need care: "It delivers human potential and agency. It delivers a future workforce. It delivers quality of life."

The failure to fund care work is a massive driver of inequality. America's sole federal public provision for care is Medicaid, which only kicks in after a family it totally impoverished. Funding care with tax increases polls high with both Democrats and Republicans, making it good politics:

https://www.dataforprogress.org/blog/2021/4/7/voters-support-investing-in-the-care-economy

Congress stripped many of the care provisions from Build Back Better, missing a chance for an "unprecedented, transformational investment in care." But the administrative agencies picked up where Congress failed, following a detailed executive order that identifies existing, previously unused powers to improve care in America. The EO "expands access to care, supports family caregivers and improves wages and conditions for the workforce":

https://www.whitehouse.gov/briefing-room/presidential-actions/2023/04/18/executive-order-on-increasing-access-to-high-quality-care-and-supporting-caregivers/

States are also filling the void. Washington just created a long-term care benefit:

https://apnews.com/article/washington-long-term-care-tax-disability-cb54b04b025223dbdba7199db1d254e4

New Mexicans passed a ballot initiative that establishes permanent funding for child care:

https://www.cwla.org/new-mexico-votes-for-child-care/

New York care workers won a $3/hour across the board raise:

https://inequality.org/great-divide/new-york-budget-fair-pay-home-care/

The fight is being led by women of color, and they're kicking ass – and they're doing it through their unions. Worker power is the foundation that we build a better world upon, and it's surging.

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2023/12/13/i-want-a-roof-over-my-head/#and-bread-on-the-table

[mariacallous]

Elon Musk’s America PAC and several other defendants, including the reelection campaign for Representative Michelle Steel, a Republican from California, are accused of violating California labor law in a class action lawsuit filed in Orange County on October 30, according to court documents obtained by WIRED.

The named plaintiffs, Tamiko Anderson and Patricia Kelly, were canvassers for Steel in October of this year, according to the suit, which alleges that they weren’t paid agreed-upon wages. America PAC is named because it provided campaigning services for Steel.

The plaintiffs are also suing over an alleged failure to reimburse business expenses and for allegedly being provided inaccurate wage statements. The suit seeks class certification for “All current and former non-exempt employees of Defendants in the State of California who were employed as canvassers and canvassed for Michelle Steel at any time from October 30, 2023, through the present.”

“The Steel campaign has no knowledge of these individuals, they did not and do not work for the Steel campaign, and the campaign will not comment on individuals that involve a Super PAC with which we have no involvement,” a spokesperson for the Steel campaign said in a statement.

These allegations are different from those WIRED reported earlier this week, when canvassers in Michigan said they were tricked and threatened as part of Elon Musk and America PAC’s get-out-the-vote effort for Donald Trump. The door knockers, who worked for a subcontractor of America PAC, were flown to Michigan, driven in the back of a U-Haul, and told they would have to pay hotel bills unless they met unrealistic quotas. One was surprised to find, upon arrival in Michigan, that they were working to elect Donald Trump.

The Blair Group, a North Carolina firm that the complaint claims is a political consultancy, and Liberty Staffing Services, a Florida firm specializing in hiring and payroll for canvassers and other W2 employees of political campaigns, are the other named defendants. Neither immediately responded to requests for comment. The suit also lists unknown Johns Doe as defendants.

The plaintiffs are owed money, according to the suit.

“As with other members of the Class, Plaintiffs were guaranteed an agreed upon wage hourly wage [sic] upon starting their employment. However, Plaintiffs are informed and believe that Defendants failed to pay them at the correct hourly wage, and, instead, paid them based on the number of residences they canvassed. To date, Plaintiffs have yet to receive the underpaid wages owed to them,” the complaint states.

The defendants in the lawsuit also were not reimbursed for downloading various apps on their personal devices, according to the complaint. The plaintiffs also allege their cell phones were used to track time worked, but that they still were not compensated for those hours.

America PAC, into which Musk has poured more than $100 million, has largely taken up get-out-the-vote operations in key swing states for the Donald Trump campaign. Widespread reports depict its operations as a mess, though—in addition to WIRED’s reporting on its efforts in Michigan, The Guardian has reported that up to 25 percent of its door knocks may be fraudulent, and NBC has reported that campaign operatives have concerns about “suspect data.” In an election all polls show as a toss-up, a shambolic field operation could well mean the difference between victory and defeat.

Neither Alex Spiro, Musk’s attorney, nor a spokesperson for X, which Musk owns, immediately replied to requests for comment and requests to be put in touch with a representative of America PAC, which does not list contact information on its website. A representative for The Blair Group also did not return a request for comment.

[leviathan-supersystem]

@traveling-spartan @priveetru

gonna be responding to this in a separate post because i've already left two comments on the post this was in reply to and i suspect that the OP already would consider that two too many.

at any rate:

Government regulation causes monopolies more often than it combats them.

[...]

It's why big corps like Disney lobby for said regulation in the first place, it crushes all their smaller competitors for them.

for what it's worth the data doesn't seem to be backing this up. if both these claims were true, you'd expect to see a multitude of pieces of regulation that disney supported, and few if any pieces of regulation that disney opposed, but this quick overview of some of disney world's political spending on florida trend [x] doesn't show that. now admittedly this is just the partial info for the disney world division in florida specifically, and not a general overview of all their political spending, so if anyone has more complete data i'd be interested to hear it. that said, i think it's a decent slice of data to start with.

in fairness, here we can find one notable example of disney lobbying for regulation- namely when they funded efforts to support Amendment 3, which would have prevented any more large casino chains from opening in florida, so that disney world could avoid competing with major casino chains like Genting and Las Vegas Sands. and, to be fair, as noted in the article this was a pretty major driver of campaign spending.

however, A: this was primarily aimed at combating rival megacorps, not combating small businesses, (and naturally the casino megacorps disney was fighting were spending their lobbying money to combat said regulation) and B: this was the only time in the article we see disney fighting for regulation rather than against. examples in the article of disney lobbying against regulation include:

By virtue of its size and economic importance, Disney has always been an influential voice in state politics. But the company had found itself on the losing end in a series of lobbying battles — among them, a fight with the National Rifle Association about whether employees could bring guns to work.

this is an important example of how regulation of private enterprise is sometimes necessary to preserve our fundamental rights- if disney can say employees can't bring guns to work even if they keep them in their parked car, what's to stop landlords from saying tenets can't bring guns in their apartment? if you value the right to bear arms, you should understand why sometimes the power of private enterprise over employees and customers must sometimes be curbed.

Disney also battled with personal-injury attorneys about whether parents could sign away the liability rights of their children and with counties and hotel chains about how online travel companies should be taxed.

[...]

Disney’s 2018 spending included $1 million on Amendment 2, which keeps a tax cap in place that limits increases in the taxable value of commercial and other non-homestead property from rising more than 10% per year. Records show Disney was by far the largest donor to a Florida Chamber of Commerce-backed political committee used to promote the amendment. The cap saved Disney more than $6 million last year alone through reduced property tax payments to Orange County and the South Florida Water Management District.

[...]

As prominent as Disney has made itself on the campaign trail, lawmakers who have worked with the company say it still tries hard to maintain a low profile while lobbying — to avoid having its brand linked with potentially controversial public policies. Disney, for example, has exerted “significant influence” on the Legislature to not pass a law requiring employers to use the e-Verify system to ensure they aren’t employing undocumented workers, says former Senate President Don Gaetz, a Republican from Okaloosa County.

[...]

Cloaked or not, the company enjoyed a number of successes in the 2019 legislative session. Late in the session, as lawmakers finalized a broad tax package, Disney — working through the Florida Retail Federation — persuaded lawmakers to add an extra sales-tax break that will help big retailers who order too much inventory and wind up not selling it all. Retailers generally don’t have to pay sales tax when they order inventory because they are planning to resell it to consumers. The sale to consumers is the transaction that’s supposed to be taxed. But retailers must pay the tax on whatever they don’t sell, since they have become the end user of the product. Disney has for years donated its leftover inventory to charities. So the company persuaded the Legislature to create a sales tax exemption for the leftover inventory that goes to charity. Economists expect the new tax break will save retailers about $5 million a year. Disney won’t say how much it expects to save itself. Disney also worked quietly to reshape a bill, which it objected to in 2018, that would have exposed hotel operators to civil lawsuits if they failed to do enough to prevent human trafficking.

i'll leave it for the reader to consider why disney would want to combat regulation which might cause them to be held accountable for facilitating human trafficking.

Disney even won some changes in state rules for how tourist venues manage all the stuff — from hats to strollers to phones — that visitors lose or leave behind. Generally, businesses are supposed to alert law enforcement and must hold on to lost property for 90 days before they can dispose of it. But that has become cumbersome for Disney — and for Universal Orlando, Central Florida’s other big theme-park resort — which must devote lots of warehouse space simply to holding lost-and-found items. Disney helped write a bill establishing new rules for theme parks, hotels and some other commercial venues that requires them to hold the property for just 30 days and then donate it directly to charity.

looking outside the article to other examples of disney's political lobbying, we find them lobbying against minimum wage laws [x]

Five years ago, on Nov. 6, 2018, the city’s voters approved Measure L, which mandated that “area resort workers” — Disneyland employees, basically — must be paid a living wage if the parent company receives city subsidies. The Walt Disney Company, which at the time was paying some of its workers the state-mandated $11 an hour minimum, fought the measure bitterly, and the ordinance spent most of the next five years kicking around the state court system as a class-action lawsuit sought to force the company to comply. Only in late October, when the California Supreme Court declined to hear Disney’s final appeal, did Measure L become settled city law.

we can also find disney lobbying against heat safety regulations (and against raises to the minimum wage at the same time, a twofer) [x]

House Bill 433 prohibits local governments from passing legislation that protects workers from extreme heat and laws requiring companies to raise the minimum wage beyond the state’s current $12 an hour. But now, we’re learning more about how this bill was passed and the role that Disney World played in helping to remove basic protections from outdoor workers, including cast members. According to Jason Garcia of Seeking Rents, the Florida Chamber of Commerce and Associated Industries of Florida donated more than $2 million to mostly Republican legislatures and another $1 million to the Florida Republican Party. The two lobbying groups expected House Bill 433 to become law for those donations.

[...]

Local government officials in South Florida were considering passing heat protections after the death of migrant farm workers of heat stroke. These laws would have prohibited work in extreme Florida heat and mandatory water breaks for workers. The possibility of these laws stopping work became dangerous to businesses in Florida, which would have had to shut down in extreme heat. Thus, donations to politicians were made to get this bill passed.

[...]

The law was wildly unpopular, with hundreds of civic groups opposing it. That outrage nearly killed the bill. However, according to Garcia, with just one day left in the legislative session, lobbyists sent texts to lawmakers to ensure the bill’s passage.

so what can we see from all this? first, that there are more pieces of regulation that large businesses lobby against than regulations that they lobby for, so the claim that businesses are the primary force behind pushing regulation is patently false and B: when businesses do support regulation in order to pursue their financial interests, this is mainly in order to combat rival large corporations, not small businesses. because fundamentally large businesses don't have to worry that much about competition from small businesses, because fundamentally small businesses can't compete. a small business would have had to expand to the point of being a large corporation long before it would be something disney would have to worry about "competing" with instead of just buying out or ignoring entirely. you think that a megacorp like disney is worried about competition from a little mom and pop shop? get real.

Fines for breaking the rules, for example, always disproportionately affect small businesses where large corporations either have enough money to pay those fines and be unaffected by them, or have the legal teams to get around them.

a few responses to this. the first is, so what? laws against murder, rape, assault, etc are all easier for the rich to dodge, and yet we don't decide murder should be legal. the solution to that imbalance is to be more serious about holding rich people accountable for these crimes, or for fine-related punishment to scale the fine to income, not to get rid of the laws altogether. if a regulation outlaws genuinely abusive or harmful behavior from a company, the way that small companies can avoid that fine is by simply not engaging in abusive or harmful behavior.

secondly, plenty of regulations nonetheless have specific exemptions for small businesses anyway. for example

In general, if your business is under $50 million in annual sales and your fuel or additive has traditional chemistry, then you are exempt from the health effects testing requirements. If you have non-traditional chemistry and are under $10 million in annual sales, you are exempt from some of the testing. EPA staff can discuss testing requirements.

[x]

or for another example:

The Federal Food, Drug, and Cosmetic Act requires packaged foods and dietary supplements to bear nutrition labeling unless they qualify for an exemption (A complete description of the requirements). One exemption, for low-volume products, applies if the person claiming the exemption employs fewer than an average of 100 full-time equivalent employees and fewer than 100,000 units of that product are sold in the United States in a 12-month period. To qualify for this exemption the person must file a notice annually with FDA. Note that low volume products that bear nutrition claims do not qualify for an exemption of this type. Another type of exemption applies to retailers with annual gross sales of not more than $500,000, or with annual gross sales of foods or dietary supplements to consumers of not more than $50,000. For these exemptions, a notice does not need to be filed with the Food and Drug Administration (FDA). On May 7, 2007, the Food and Drug Administration (FDA) launched a new web-based submission process for small businesses to file an annual notice of exemption from the nutrition labeling requirements. The new process will make it easier for businesses to update their information. In addition, firms eligible for the exemption will receive an electronic reminder when it is time to resubmit their nutrition labeling small business exemption notice.

[x]

or yet another:

Manufacturers of consumer products covered by the Department of Energy (DOE) standards with annual gross revenues not exceeding $8 million from all its operations, including the manufacture and sale of covered products, for the 12-month period preceding the date of application, may apply for a temporary exemption from all or part of an energy or water conservation standard. (42 U.S.C. 6295 (t))

[x]

so, no, regulations are not a sinister trick of large corporations to crush small business, because if they were they wouldn't specifically exempt small businesses.

does this mean that @priveetru was right? are regulations an important part of maintaining ideal market conditions and thus creating Real Capitalism, which is Good?

also no.

first, it's all "real capitalism". more regulated, less regulated, it's still Real Capitalism. and as demonstrated by the things going on around us, right now, real capitalism is Bad.

as @traveling-spartan pointed out, large corporations can simply afford to pay or dodge any fees for breaking regulation (though overall they would prefer not to have to, hence why they usually fight against regulation) and small businesses are often exempt from regulations in the first place. so who do regulations actually prevent from economic malfeasance?

nobody. not a soul. they're a completely ineffective bandaid on a bazooka wound which accomplishes nothing.

regulated or unregulated, all market economies tend towards consolidation. on a long enough timeline, all small businesses either are successful enough to become large businesses, are unsuccessful enough to go out of business, or are average enough to get bought out. it's an inevitable part of capitalism as it actually exists, and no matter what fantasy you chase after of a hypothetical, imaginary, impossible "real" capitalism, whether this fantasy is laissez-faire or tightly regulated, you will never escape that reality.

if you want to solve the problem, you can't keep chasing after an imaginary "real capitalism". instead you need to move past capitalism altogether. if you want to address the fact that bill gates and other billionaires are monopolizing farmland and therefore gaining control over our very subsistence, the solution to that isn't to sit around praying to the invisible hand of the free market to save us, and it's also not begging and pleading the existing bourgeoisie state to Le Heckin Tax The Billionaires. the real solution is for regular working class people like us to rise up and take back what is rightfully ours, and create a new state that actually serves the needs of the working people and not just the owning class.

[beardedmrbean]

An Orange County jury found a man guilty Thursday of first-degree murder for fatally shooting his wife in front of her Orlando place of employment, according to the state attorney.

A press release from Orange-Osceola State Attorney’s Office said that after a three-day trial, the jury found Sylvester Ofori, 39, of Orlando guilty of first-degree murder with a firearm for killing Barbara Tommey on Sept. 8, 2020.

Circuit Judge Michael S. Kraynick sentenced him to life in prison. He also has a minimum mandatory 25 years to life sentence for using a firearm.

According to the press release, Barbara Tommey arrived the morning of Sept. 8, 2020, for work at Navy Federal Credit Union on Gardens Park Boulevard in Orlando. When she exited the building to move her car, her estranged husband approached her, the office said. She attempted to run back inside but Ofori shot and killed her then fled the scene.

Multiple credit union employees and customers witnessed the shooting, according to the press release. Credit union officials provided Orlando Police detectives with surveillance video. Ofori was seen on video arriving at the credit union and parking his vehicle.

The press release said Ofori was caught on camera following Tommey as she ran from him. The video showed her frantically knocking on the credit union door and Ofori pistol-whipping and shooting her. He shot her three more times after she fell to the ground.

Orlando Police Department detectives spoke with Tommey’s family members and co-workers, who verified previous domestic violence incidents between the couple and their recent separation. They also said Ofori threatened to kill Tommey two days before the shooting. They positively identified Ofori on surveillance video and detectives obtained an arrest warrant and took him into custody at his apartment.

During the trial, nearly a dozen people testified for the prosecution including Tommey’s brother, credit union employees and patrons who witnessed the killing while waiting for the business to open.

[nx08h63bitchyobservationnerd]

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Handling Old Warrants in Orange County

Warrants are typically issued when individuals fail to appear in court or violate the terms of their DUI probation. While there are various types of warrants, this article focuses on old warrants in Orange County Superior Court, specifically those tied to missed court dates or unresolved legal matters from years past. These warrants do not simply disappear and can have significant legal consequences, even if the underlying case was minimal or happened a long time ago.

Understanding Old Warrants

Old warrants are usually issued when someone misses a court date, fails to meet the conditions of probation, or neglects legal responsibilities such as completing a class. Once a warrant is issued, it stays in effect indefinitely. Warrants, whether for minor infractions or more serious offenses, don’t vanish over time. Even if the original charge was minor, the existence of an active warrant means you are always at risk of being arrested.

The Dangers of Ignoring Old Warrants

Arrest Risk: If you have an old warrant and encounter law enforcement, there’s a high chance you’ll be taken to county jail, especially if the warrant was issued in Orange County.

International Travel Issues: Old warrants can lead to being detained at border crossings when entering or exiting the U.S.

Job and Background Checks: Many employers conduct background checks, and an old warrant can show up, creating obstacles when applying for new jobs or promotions.

Types of Warrants

Warrants generally come in two forms:

Arrest Warrants: Issued when law enforcement needs to take someone into custody.

Bench Warrants: Typically issued when a person fails to appear in court or comply with a court order.

Common Reasons for Old Warrants

Probation Violations: Failure to meet the conditions of probation, such as attending mandated classes.

Missed Court Dates: Skipping a court appearance can lead to a warrant being issued.

New Offenses: Committing a new crime while already on probation or facing charges can result in a warrant.

Legal Consequences of Old Warrants

Having an old warrant can affect your legal standing in many ways:

Impact on Immigration: Old warrants can complicate immigration status or lead to deportation in some cases.

Employment Opportunities: Warrants appearing on background checks can result in job denials or dismissals.

Travel Restrictions: Individuals with active warrants may face detention when traveling internationally.

Clearing Old Warrants

Addressing an old warrant in Orange County requires swift action. While the situation may seem overwhelming, having a defense attorney who knows the local courts is crucial. Here are some common steps attorneys take to clear old warrants:

Case Review and Research: Your attorney will investigate the reason for the warrant and gather the necessary information about your case.

Tailored Legal Strategy: A skilled attorney will develop a strategy based on the specific reasons for the warrant, whether it’s a probation violation or failure to complete court-ordered programs. For example, if a client missed a court-ordered class, the attorney might have the client complete the class before appearing in court.

Court Representation: Your attorney can often appear in court on your behalf, which may help avoid immediate arrest and detention. The court may be more lenient if the client has taken steps to correct the issue before the hearing.

Motion to Dismiss or Reduce the Warrant: Your attorney may file motions to dismiss the warrant or negotiate with the judge for a more favorable outcome.

Orange County Specific Programs

Statement of Assets Warrants: If the warrant is due to failure to submit a statement of assets, bringing the completed statement to court may help resolve the issue.

MADD Classes: If the warrant is for failing to complete a Mothers Against Drunk Driving (MAD) class, it’s wise to complete the class before appearing in court.

Proactive Steps to Take

If you suspect there’s an old warrant for your arrest, it’s critical to act proactively:

Check for Warrants: Use local court websites or the Orange County Sheriff’s Department warrant checker.

Consult an Attorney: An experienced defense attorney can help you navigate the warrant process, whether you are in or out of state.

How Our Office Can Help

Our office has handled numerous cases involving old warrants in Orange County. We assist clients by:

Looking Up Warrants: We can quickly check to see if there is an active warrant in your name.

Court Representation: Our attorneys frequently appear in court on behalf of clients with old warrants, helping to minimize the risk of immediate arrest.

Tailoring Legal Solutions: We develop personalized strategies based on the circumstances of the warrant, whether it’s for missed court appearances, probation violations, or other issues.

Conclusion

Dealing with old warrants in Orange County is not something to put off. The longer the warrant remains unresolved, the greater the risks to your freedom and future. If you suspect you have an old warrant or need assistance in clearing it, contact our office today. We can help you navigate the legal system, clear your record, and avoid the negative consequences of an old warrant.

Call to Action: If you have an old warrant in Orange County or suspect that one exists, contact our office today. Our experienced team is ready to assist you in clearing up your legal issues and helping you move forward.

[compensation-lawyer]

Maximizing Your Workers Compensation Benefits: Orange County Attorneys

Workers’ compensation is a critical aspect of employment law, providing essential support for employees who sustain injuries or illnesses related to their job. In Orange County, navigating the complexities of workers' compensation can be challenging. This guide aims to clarify the key elements of workers’ compensation in the region and what you need to know if you find yourself in need in workers compensation attorney Orange County.

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Why is Hiring a DUID Lawyer in Orange County Important?

Getting legal counsel from a DUI attorney is important while handling allegations of DUI in Orange County. In certain situations, having legal counsel can have an enormous effect on how the proceedings end up. Because state-by-state variations exist in DUI laws, you must have an attorney conversant in the nuances of the system on your side.

A DUI conviction will have serious repercussions, including possible jail time, fines, and license suspension. An experienced attorney criminal defense can assist you through the court system, evaluate the facts against you, and make a compelling defense. Their knowledge can lessen the consequences of the accusations and assist your case in reaching a successful conclusion.

With adequate legal assistance, navigating the judiciary could also be easier and safer. During the court case, an Orange County DUI attorney will offer direction, assistance, and knowledge. Early legal intervention can improve the likelihood of a far better result and guarantee that your rights are upheld throughout this trying period.

Understanding DUI Laws in Orange County

Orange County’s driving under the influence (DUI) regulations are rigorously enforced to guard the general public. The legal blood alcohol content (BAC) level for drivers in California is 0.08%. If this limit is exceeded, there could also be harsh consequences, including fines, license suspension, and even jail time. To extend general knowledge of the risks related to drunk driving, mandatory alcohol education schemes can also be imposed on first-time offenders.

It’s critical to understand that an Orange County DUI conviction can have lifelong repercussions. DUI offenders will face higher insurance premiums and have more trouble finding employment in the long term, as well as incurring legal repercussions. Drivers can safeguard themselves and other road users by abiding by the stringent rules and regulations concerning DUI charges.

When alcohol is involved, it’s imperative to designate a sober driver or use alternate modes of transportation to avoid the severe consequences of a DUI arrest. People will help to make the roads a safer place for everybody to drive in Orange County by making sensible decisions and maintaining the regulations. An attorney for criminal defense is a specialist in defending those who are charged with crimes, providing guidance and support to clients during the legal proceedings.

The Expertise of DUI Lawyers in Orange County

DUI attorneys in Orange County are highly skilled and knowledgeable in addressing situations involving driving while intoxicated. Because they’re knowledgeable about the actual rules and laws that apply to DUI charges within the county, they’re ready to offer their clients professional advice. These attorneys have years of experience in this area and have developed their legal strategies to defend those accused of DUIs successfully.

Additionally, Orange County DUI attorneys are quite knowledgeable about the customs and processes of the local court system. They will expertly handle the complexity of DUI cases since they’re familiar with the subtleties of the county’s judiciary. Due to their experience, they’re ready to create effective defense plans that are customized to the particulars of every case, guaranteeing their clients the simplest possible result.

In addition, Orange County DUI lawyers have excellent negotiating abilities. They’re skilled at negotiating advantageous plea agreements or lowering charges for their clients with prosecutors. These attorneys can successfully argue for their clients’ interests and check out to urge the simplest possible settlement in DUI cases by utilizing their system expertise and persuasive skills. The best orange county criminal defense attorney is renowned for their skill in managing a spread of criminal matters and for offering excellent legal counsel.

Benefits of Hiring a DUI Lawyer in Orange County

Hiring a DUI attorney in Orange County will have several advantages when facing a DUI accusation. These legal experts have a radical awareness of the local laws and court processes, which can be quite helpful while navigating the system. People will cash in on a DUI lawyer’s skill in evaluating the case’s particulars and creating a tactical defense strategy that matches things by hiring their services. An attorney who defends clients’ rights and interests in court is understood as a criminal defense lawyer. A criminal defense attorney works with people or organizations that are accused of crimes.

Protecting your rights during the legal process is one of the most important benefits of working with an Orange County DUI attorney. These attorneys can guarantee that your rights are maintained throughout the entire legal process, as they’re intimate in the specifics of DUI cases. Additionally, they will assist with evidence collection, engage in negotiations with prosecutors, and defend your interests in court — all while attempting to secure the simplest possible result.

Additionally, Orange County DUI attorneys are adept at cross-examining witnesses, refuting prosecution-provided evidence, and spotting any holes within the case against you. These legal experts can create a potent defense plan meant to reduce the impact of the accusations by utilizing their expertise and knowledge. They may be ready to bargain for lower fees or punishments in some situations, which provides people with more assurance and assistance as they traverse the legal system’s intricacies. To locate the best representation for your case, it’s advised that you investigate nearby law firms, read reviews, and find consultations with a criminal defense attorney near me.

Conclusion

It is critical to grasp the importance of working with a DUI Lawyer Orange County. DUI charges can have a big influence on the result, sometimes leading to lowered fines or the case being dismissed. Having an experienced attorney on your side guarantees that you are simply going to be treated fairly and that your rights will be upheld during the legal proceedings. To barter the complexity of the system and work toward an honest outcome, it’s strongly suggested that you seek the recommendation of an experienced attorney if you’re facing DUI charges.

[lawyerlist]

Will a domestic violence conviction affect my career in 2023?

Domestic violence convictions can have major repercussions on both your personal and professional lives. Anyone seeking work in California who has been convicted of domestic violence may find it challenging to be hired and maintain employment. People accused of domestic violence frequently worry about the possible effects on their professions due to the increased awareness and attention around issues of violence and abuse. California government has introduced a sensible law and rights for domestic violence victims.

How a conviction for domestic abuse can impact your work life in 2023?

Employment discrimination and the stigma

A conviction for domestic abuse can cause severe social shame and may even result in employment discrimination. Employers may be reluctant to recruit or keep persons with a history of felony domestic violence charges because they are becoming more sensitive about their public image.

Getting legal advice

A knowledgeable domestic violence attorney or employment discrimination lawyer in your region should be consulted immediately if you are accused of domestic abuse. An Orange County criminal defense attorney or a domestic violence attorney Los Angeles can assist you through the legal system, give you knowledge of the area’s laws and ordinances, and explain your legal rights in relation to job discrimination.

The expungement of record

Expungement record enables the sealing or erasure of the conviction from public records, which can lessen the damaging effects on your potential for advancement in your work. The qualifying requirements particular to your jurisdiction might help you explore this possibility by working with a record expungement lawyer.

Career restoration

A domestic violence conviction might present difficulties, but it should not be the end of your career dreams. Participating in counselling, therapy, or anger management courses might show that you are dedicated to your personal growth and that you have made an effort to deal with the problems that contributed to your conviction.

How our law firm will help you win your domestic violence lawsuit?

A powerful legal defense

In order to guarantee that your rights are upheld throughout the legal procedure, we offer strong legal counsel. Our group of devoted lawyers will tenaciously fight for you and put out a solid defense plan to refute any accusations levelled against you.

Testimony from an expert witness

We collaborate closely with a network of reputable specialists, including psychologists, doctors, and experts in domestic violence. Their qualified judgments and expert witness evidence can be crucial in bolstering your defense, offering insightful information about the case’s dynamics and possibly refuting unfounded claims.

Planning a strategic defense

We recognize the need of adjusting our defense plan to the particulars of each domestic violence case since each one is different. In order to fully comprehend your perspective and craft a strategy that accentuates any mitigating circumstances and discrepancies in the prosecution’s case, our attorneys will work directly with you.

Alternative dispute resolution and negotiation

Even while we aim to completely win your domestic abuse lawsuit, we may also consider negotiation and other forms of alternative dispute resolution when necessary. Our seasoned negotiators will speak with the other side in an effort to reach an amicable agreement that safeguards your rights and interests.

Conclusion

Choosing the correct legal counsel while facing charges for domestic violence case can make all the difference in getting a successful result. You will win your domestic violence case with the assistance of our law firm’s significant expertise, tenacious legal defense, meticulous research, expert witness testimony, tactical defense strategy, savvy in negotiations, and ongoing support. Let us be your attorney so you won’t have to fight this lawsuit alone.  Contact the Law Offices of Kareem A. Ramadan at (888)-506-6519 for a free review of your case. 

[johngeller]

Types of Compensation Afforded Dog Bite Victims

Dogs are generally known as man’s best friend. They are cute, friendly, and loyal. Dogs can be great companions for most of us. Unfortunately, this may not always be the case. Dog attacks are common in the United States. In fact, dog attacks cost approximately $2 billion in damages each year. The majority of dog attacks occur in the owner’s own house or around their neighborhoods.

Many people are reluctant to sue their friends or neighbors. Most don’t even understand the law as it relates to dogs in general. However, at the same time, serious dog attack injuries and medical bills must be addressed. As such, it is important that you understand that most dog attacks are covered by the owner’s homeowner’s insurance.

Common Types of Compensation for Dog Attack Victims

If a dog has attacked you or a loved one, you need to immediately consult with an experienced Orange County dog bite attorney who specifically handles these types of cases. With an aggressive attorney on your side, there is a greater likelihood that you will obtain the full compensation that you deserve.

Common types of compensation that is typically afforded a dog bite victim include:

Past and future medical bills. Treating serious dog bite injuries can be expensive. Victims may need extensive medical care that may last a lifetime. Compensation may include future therapy, hospital bills, and surgical procedures.

Lost wages and employment. Serious injuries often mean the inability to go to work – sometimes forever. Loss of wages or loss of future earning capacity can wreak financial havoc on a dog bite victim’s life.

Pain and suffering. Dog bite victims can suffer serious pain and suffering as a result of the attack.

Loss of consortium. Compensation for loss of consortium includes love, affection, and other issues.

Punitive Damages. In extraordinary cases, if your attorney can prove that the dog owner “sicked” his dog on you, it may qualify as an intentional act. Compensation in these circumstances can be awarded beyond the standard general damages, in order to punish the perpetrator.

Call an Orange County Dog Bite Attorney Today!

The legal team at the Law Offices of Samer Habbas is dedicated to helping our injured clients reach the best monetary settlement when they are involved in any type of accident.

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At Kirtland & Packard, we pride ourselves on being the best injury lawyer in Los Angeles, offering unmatched expertise in personal injury law. Our seasoned legal team is dedicated to ensuring you receive the maximum compensation you deserve. Whether you’ve experienced a car accident, workplace injury, or medical malpractice, we navigate the complexities of the legal system so you can focus on healing. Trust us to fight for your rights with professionalism and persistence. When you need a dedicated ally, look no further than Kirtland & Packard.

Kirtland & Packard 1638 S. Pacific Coast Highway, Redondo Beach, CA 90277 (310) 536–1000

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[ausetkmt]

On a dark, damp February morning in 2018, a police officer escorted Lynn Davis to a pew in Clayton Municipal Court, a tiny city court tucked away in the Blue Ridge Mountains of northern Georgia. Davis was ​“freezing to death” in nothing but a jail-issued orange jumpsuit, she recollects this February. There was a distinct smell of mildew in the air as the night’s heavy rain seeped into the aging building. The faded lettering on its facade, ​“CLAYTON ELEMENTARY SCHOOL,” served as a reminder of its previous function. 

In addition to the court, the building is now the headquarters of the Clayton Police Department.

Davis, whose name has been changed to protect her identity, had been arrested 11 days prior to that court date. She had been ​“bluelighted” — a term many in the 2,000-person town use to refer to frequent stops by local police — after leaving work on another rainy morning. The police had pulled her and a friend over in a ​“bad part of town,” about 2 miles west of Clayton’s tourist center. Despite the picturesque mountain setting and bustling downtown, Clayton’s poverty rate is 20.4%, almost double the national average, per the 2020 census. The predominantly white, rural community’s employment rate was marked at 41.2%, about a third lower than Georgia’s statewide rate of 59.2%.

Davis was not arrested for any new charges that day. Instead, she was arrested on a failure to appear warrant for a series of minor traffic offenses, accumulated over nearly 10 years. Upon her arrest, Davis was taken to the jail for Rabun County, the surrounding jurisdiction of about 17,000. The facility was so overcrowded that many were sleeping on ​“boats,” plastic beds on the floor, she says. Davis was told her prior failure to appear in court made her ineligible to bond out, forcing her to sit in jail to await the city’s next court session nearly two weeks later. 

Clayton Municipal Court meets only once a month, on second Tuesdays. 

I was not present for Davis’ appearance, but I have observed Clayton’s court proceedings on multiple occasions over the past three years, first as a legal investigator and then as a reporter for In These Times. In the same room as the city council’s meeting chambers, Judge Robert Sneed, a man of about 60 with a quick smile and a laid-back demeanor, presides from a raised dais adorned with name plaques for the town’s mayor and city council members. To the judge’s right sits the clerk of court, wearing a Clayton Police shirt that signals her dual role as clerk of the Clayton Police Department. 

Mitch Baker, the court’s prosecutor (referred to as a ​“solicitor”) often sits in a room adjacent to the courtroom, where he negotiates plea agreements with lawyers or defendants, many of whom represent themselves. Baker also serves as Clayton’s city attorney, supervising the city’s budgetary and legal responsibilities.

Finally, inconspicuous behind the dais, in the far corner of the room, sits John Roberts, president and primary probation officer of Capital Probation Management Inc., a private probation company that contracts with Clayton to supervise all city court probation. Davis had waited all morning to be seen by the judge, she tells me. As is common practice in small courts, those with hired attorneys see the judge first; Davis couldn’t afford a lawyer, nor was she offered a court-appointed public defender, she says. Next come the walk-in defendants, those who had received tickets with a summons (but without an arrest) or had been able, unlike Davis, to bond out of jail before their court date. 

After more than a week in jail, with uncertain job prospects at the restaurant where she worked — not to mention the growing loss of income from so many missed shifts — ​“I just wanted to go home,” Davis tells me. And she worried she would receive more time in jail if she said or did the wrong thing. 

Davis finally stood in front of Judge Sneed for five minutes, ​“at the most,” she says. In those five minutes, she received five years’ probation.

Davis pleaded guilty or no contest on all five of her charges, and Judge Sneed sentenced Davis to the maximum probation term, 12 months, on each traffic offense— a broken taillight, an improper tag, a failure to change her address within 60 days of moving, an insurance lapse, and driving with a suspended license. Some of these offenses dated back to 2009. 

Georgia is one of only 12 states that treats all traffic tickets as criminal misdemeanors, according to Priya Sarathy Jones, national policy and campaigns director for the Fines and Fees Justice Center, a national advocacy organization that tracks these trends. And while speeding tickets, for example, are fairly universal, broken taillights and expired tags are offenses deeply associated with poverty, Sarathy Jones tells me. Those with the means to fix their taillight or pay for their insurance can avoid nonmoving traffic violations altogether, she says. 

Beyond the burden of traffic fines for those who already can’t pay, Georgia’s criminalization of traffic violations allows each ticket to have a maximum penalty of 12 months in jail — or on probation. Multiple sentences in criminal courts often run concurrently, meaning the sentences are served all at once. But Judge Sneed stacked Davis’ sentences into ​“consecutive” 12-month probation terms, so her five 12-month sentences would be served back-to-back-to-back-to-back-to-back. 

Judge Sneed did not respond to requests for comment from In These Times.

A probation sentence is no trivial thing. It is a suspended jail sentence, which means it can be revoked, or converted to jail time, even for technical violations such as missing a meeting with a probation officer. Davis also owed $2,266 in court fines, an amount she could not afford to pay. Most importantly, Davis may not have been sentenced to probation at all had she been able to pay her fine in full on her court date. In January and February 2018, of the 205 defendants with non-DUI traffic tickets, no one who had paid their tickets (clearly noted in court files) received probation. All 20 people with non-DUI traffic cases and no note of payment received probation. And even for DUI cases, all six defendants noted as paying their fines in court avoided probation altogether. 

Besides Davis, 10 other people in that period received ​“stacked” probation sentences of two or more years for non-DUI traffic offenses or minor misdemeanors, like shoplifting, possession of marijuana, or ​“pedestrian under the influence.” In total, 56 received those types of sentences in 2018. 

Capital Probation took on supervising Davis. Clayton contracts with Capital Probation to supervise all defendants on misdemeanor probation at no cost to the city. Not only is Georgia one of the few states that criminalizes traffic tickets, it is also one of approximately 12 states that allows localities to outsource misdemeanor probation supervision to private companies. (Felony probation cases, which are not handled through Clayton’s city court, are supervised by public probation officers.) 

Instead of charging the city for its services, private probation companies make their profit by collecting fees directly from the people they supervise, like Davis. On top of the fines Davis owed to the court, she owed a $44 monthly fee to Capital Probation — $35 for probation supervision and $9 earmarked for a state victims’ compensation fund. If paid every month for 60 months, it amounts to another $2,640 — more than doubling Davis’ total costs. To remind Davis of the stakes from the outset, ​“FAILURE TO REPORT AS DIRECTED WILL RESULT IN A WARRANT FOR YOUR ARREST” is splashed in all caps across the Capital Probation agreement. 

“How are you supposed to pay?” Davis wonders, already struggling to pay her bills and support her two children in high school. 

For Davis, the trap of ​“offender-funded” probation was laid: Keeping up with her supervision fees would make it almost impossible to pay off the underlying fines, which keep a defendant on probation. In fact, Davis’ case was marked as ​“early termination,” meaning she could end her probation as soon as she could pay her court fines. But as with traditional loan debt, paying off the principal — in this case, court fines — can be rendered impossible by accumulated interest — in this case, monthly supervision fees. 

The ​“domino effect,” as Davis refers to it, was in motion. Davis had lost almost two weeks of paychecks while languishing in jail, which meant she fell behind on her weekly car payments. Then, she missed a power bill, and the electric company shut off her lights. The added probation payments only put her further behind. 

“I couldn’t catch up,” Davis tells me. Her car was repossessed, and to report to probation, Davis needed that car. And even if she could report, she didn’t have the money to pay for the probation supervision, so she stopped reporting. ​“You do the best you can, but sometimes it’s not enough,” she says. 

Davis eventually left Clayton and Rabun County, the place where she was born and raised, and where her family had more than 150 years of history. But it had become a place where Davis lived in fear. ​“They step on you,” she says.

Clayton’s picturesque downtown conceals a local poverty rate nearly double that of the national average. Juan Diego Reyes

Towns turn to fines to drum up revenue

An extensive In These Times investigation found that at least 115 people convicted of minor traffic charges or misdemeanors in Clayton in 2018 received probation sentences of a year or more. Jack Long, a Georgia-based attorney and longtime private probation expert, describes these sentences as ​“draconian.” Our investigation included extensive file review and court-watching sessions, and interviews with lawyers, policy experts, legislators and those most impacted by these practices. The investigation also draws on public records requests filed during my time as a legal investigator at the Southern Center for Human Rights, with permission.

Our investigation identified a judicial standing order, requested by John Roberts and signed by Judge Sneed, that in effect softened recent legislative reforms intended to cap probation fees for defendants who are unable to pay their court fines. That standing order, in Long’s words, ​“increase[s] [a probation company’s] revenue … which has the effect of making poor people … pay more money to a private company.”

In a detailed response to questions from In These Times, John Roberts denies Long’s claim, noting the terms of Davis’ early termination eligibility. ​“I always encourage my probationers to complete probation as soon as they’re eligible to terminate early to save the hassle of reporting as well as money,” Roberts writes. ​“So again, NO, I do not engage in trying to prolong the term of probationers … to increase revenue.”

I described Davis’ charges and her sentence to former Georgia state Rep. Robert Trammell, the former Democratic minority leader in the Georgia House of Representatives, who worked on the legislative probation reforms in the Judiciary Non-Civil Committee. Trammell says ​“the [reform] bill was designed to address” cases precisely like Davis’ — to ensure no one was ​“staying under the supervision … on and on and on … because they lacked means.” But Davis was not affected by these reforms.

The private probation system in Clayton is just one such example in a state that continues to have, by far, highest probation rate in the country, according to the Prison Policy Initiative, a nonpartisan firm that produces research on mass incarceration.

Ultimately, this probation debt — a cousin of other forms of loan debt — fractures families that become subsumed by it, according to Thomas Gokey. Gokey is co founder of the Debt Collective, a debtors’ union that recently sponsored a probation debt jubilee that canceled $3.2 million in probation fees. Debt also sows distrust in public institutions among communities that feel like they are being exploited and forced out of their homes, Gokey says.

As Davis reflected on her own debt, she sees a city telling her, ​“We need you out of here now because you don’t make enough money.” But ​“that’s our home,” Davis adds forcefully.

Davis eventually left Clayton and Rabun County, the place where she was born and raised, and where her family had more than 150 years of history. But it had become a place where Davis lived in fear. “They step on you,” she says.

Davis’ experience lays bare the symptoms and costs of a predatory mode of municipal finance. Court-based municipal finance has its roots in the austerity era of the 1980s, as a newly empowered conservative federal government stemmed the flow of federal money to states and localities. The practice has proliferated across the country in the years following the 2008 financial collapse, according to Sarathy Jones. As municipal revenues cratered in the recession, and with restrictions on how localities can raise revenue, cities filled their budgetary gaps on the backs of those passing through their courts at levels never seen before: ​“It was the easiest thing [cities] could do,” Sarathy Jones says. But, ​“We know who ends up being caught in the criminal legal system,” she says. ​“Low-income communities” and ​“Black and brown… communities.”

Sarathy Jones calls this system a form of ​“regressive” taxation.

Predatory municipal finance first reached popular consciousness in the aftermath of the police killing of Michael Brown, Jr. in Ferguson, Mo. in 2014. The groundbreaking Department of Justice report that followed described Ferguson’s ​“revenue generation” model of policing: ​“Officers appear to see some residents… less as constituents to be protected than as potential offenders and sources of revenue.” In 2013, municipal fines and fees accounted for 20.2% of Ferguson’s budget, a figure that astounded DOJ investigators. In 2018, the year Davis appeared in Clayton Municipal Court, 24.6% of Clayton’s general revenue came from court fines, according to the city’s annual audit.

In this system of predatory municipal governance, residents like Davis, who describes herself as a ​“poor country girl,” are caught in the crosshairs.

“They’ll make you feel like you’re worthless”

I know that private enterprise can do a better job and do it more efficiently,” declared longtime Georgia politico Ned Young, co-founder of one of the first private probation companies in Georgia, to the Atlanta Journal-Constitution (AJC) on the eve of the industry’s big breakthrough in the state. In 1992, the Georgia legislature became one of the first in the nation to authorize the privatization of misdemeanor probation. In late 1992, Chatham County, home to Savannah, became Georgia’s first county to follow through.

Chatham County’s contract with Ned Young’s Professional Corrections Services revealed the structure of this new probation system: ​“Under the contract,” Young explained in the AJC article, ​“Chatham pays us nothing, not one dime.…We collect our money from the people on probation.”

From the outset, proponents offered a new approach to county and city governance, one that prioritized cutting costs and generating evermore municipal revenue.

Young, with Pat Monahan, Chatham County’s assistant manager, highlighted the key goals of the model. First, Young estimated his company would save Chatham approximately $365,000 per year. Second, Professional Corrections Services would be more ​“aggressive and successful” in collecting fines than their public counterparts, according to the 1992 article.

Private probation companies make their money by shifting the criminal legal system’s costs onto the backs of those entangled in the municipal court system. This process is often referred to — by the system’s actors, legislators and critics alike — as ​“offender-funded” or ​“user-pay.” As Young advertised, probation companies offer cities what looks like a sweet deal. In exchange, these companies are permitted to charge fees to those on probation. Sometimes these fees include a host of expensive ​“services,” provided by the company, such as mandatory drug testing or ​“anti-theft” classes, ankle monitors, or even a ​“digital photo fee.” Probation companies’ bread and butter, however, is monthly supervision fees, like those that Davis confronted in Clayton.

In this model, longer terms of probation rule. The reasoning is clear: The monthly fees are far higher than the marginal cost of the ​“supervision.”

Following Chatham County’s lead, the privatization rush grew over the next 20 years, and private probation came to dominate the criminal legal landscape in Georgia’s misdemeanor courts. But privatization came with a clear consequence: Probation rates skyrocketed, outpacing prison and jail rate growth in the state. The number of people on probation (both felony and misdemeanor) more than doubled between 1990 and 2004, when Georgia first hit the 400,000 mark, according to data collected by Reform Georgia, a justice policy think tank.

By 2018, Georgia’s probation rate per 100,000 adult residents was 3.5 times the national rate, eclipsing every other state in the country, according to the Prison Policy Initiative. More than half of those on probation in Georgia were on misdemeanor probation, according to the AJC, and 80% of those on misdemeanor probation were supervised by a private company.

But these probation companies’ profit-seeking practices were beginning to attract notice.

In 2015, after what the AJC called a ​“blistering” statewide audit, dozens of lawsuits and a barrage of bad press surrounding Georgia’s ​“troubled misdemeanor probation system,” as the AJC put it, the Georgia legislature passed House Bill 310 (HB310), a modest reform of the private probation system. The ​“misdemeanor probation system,” the AJC noted in its coverage, ​“is widely used by judges as a high cost payment program for traffic fines.”

The HB310 reform package sought to restrain the system’s excesses but not transform the system. According to Rep. Robert Trammell, legislators were ​“trying to reign back in some of the [probation industry’s] more abusive practices.” They ​“settled” on a set of tweaks.

One of HB310’s most substantive changes was the imposition of a three-month cap on supervision fees for ​“pay-only” probation cases — those cases in which defendants are placed on probation because they can’t pay court fines.

The new three-month cap, while still allowing some fees to be extracted from defendants who can’t afford to pay, nonetheless had profound effects on the bottom line for probation companies. California-based Sentinel Offender Services, Georgia’s largest probation provider at the time of HB310’s passage, supervised approximately 7,000 people on misdemeanor probation in Atlanta alone, according to an article in Slate; 70% were designated as pay-only cases under HB310’s new cap on supervision fees. While Sentinel had gained notoriety (and faced legal exposure) from its alleged administration of illegal drug tests, supervision fees remained the company’s primary mechanism for generating revenue.

Following the passage of HB310, Sentinel’s ​“chief business development officer,” Mark Contestabile, wrote to city officials that their Atlanta office had ​“lost tens of thousands of dollars monthly,” in an email among a cache of documents obtained by The Marshall Project in 2017. In a proposal made to Atlanta court officials in light of the new law, Sentinel pitched an amended public-private probation services model — also obtained by The Marshall Project—warning that ​“offender-funded” probation had ​“become politically and fiscally untenable.”

Sentinel’s proposal revealed another priority at the heart of private probation: Not only would reform hurt the company’s profit margins, but it would erode public coffers ​“for the cities and counties that [rely] on fines generated by criminal sanctions.” Private companies, Sentinel argued, collect fines at rates ​“25%-30% higher than in house programs.”

The city of Atlanta rebuffed the company’s proposal for a new operating model that would salvage its profit margins. Not long after, Sentinel left Georgia entirely, selling all of its probation contracts there to CSRA Probation Services, now the largest provider in the state.

So how did all of this change and reform affect a smaller company like Capital Probation, operating outside of national and local media attention? And why did Davis tally more than $2,500 in prospective supervision fees if HB310 was ​“designed,” according to Rep. Trammell, to cap fees in cases like hers at three months (which would have amounted to $132)?

In Georgia, cycle of probation debt continues despite reforms

On May 10, 2017, less than a year before Lynn Davis was sentenced to five years’ probation, Georgia’s Department of Community Supervision (DCS), which oversees the state’s private probation industry, conducted its annual audit of Capital Probation to ensure compliance with the law. In its review, DCS noted that ​“several cases appear to conflict” with the pay-only provision in HB310. The auditor was concerned that Capital was ​“not treating cases as ​‘pay-only’ when the defendant is placed on probation supervision solely because such defendant is unable to pay court imposed fines and surcharges. However, the probation provider assumed cases were not ​‘pay-only’ and assessed and/​or collected more than 3 months of standard supervision fees.”

Within two weeks, and in direct response to DCS’s concerns, Judge Sneed and Capital Probation landed on their resolution: formalizing the status quo by judicial order. On May 24, 2017, Judge Sneed signed a standing order regarding the ​“Designation of Pay Only Cases.” Standing orders are administrative directives that courts use to establish general rules for how matters will be handled in a particular court.

Judge Sneed’s standing order states explicitly that it was ​“requested” by ​“the probation officer” — and is signed, at the bottom, by Judge Sneed and John Roberts, president and chief probation officer of Capital Probation.

The order, although confusingly worded, appears to Sarathy Jones and Long to avoid the 2015 statutory cap on monthly probation fees: ​“Probationers in the Municipal Court of Clayton sentenced after July 1, 2015 shall be designated as non ​‘pay-only’ probation sentences and were not placed on probation for the sole purpose of paying their Court-ordered fine(s) and surcharge(s).” July 1, 2015, was the effective date of HB310.

The standing order, according to Sarathy Jones and Long, effectively redefines pay-only probation to only refer to defendants the court explicitly labels as such, rather than the definition laid out by the state: ​“a defendant … placed under probation supervision solely because such defendant is unable to pay the court-imposed fines and statutory surcharges.”

“They’re reclassifying these as not about payment in order to allow for the fees to be charged. … It seems like they … are trying to get around [the] three-month [cap],” Sarathy Jones says.

According to Roberts, the judge has discretion to set probation terms, and the standing order was signed because the compliance monitor ​“needed something from the Judge to verify his policy” regarding the designation of pay-only cases.

“The Designation of Pay Only Cases Order was not a ploy to increase profits,” Roberts said. ​“It was requested by my governing body to clarify policy from the Court. It satisfied them.”

When asked by In These Times about the standing order, DCS replied: ​“We do not have the authority to impose upon the court when pay-only status is applicable and therefore cannot sanction the probation providers for abiding by such judicial order.”

To Jack Long, the standing order is in direct contravention of the legislature’s intent. According to Long, ​“a judge cannot change what the legislature said. Pay-only probation is when the sole purpose of the probation is to give the defendant time to pay.”

Roberts replied that Long is either ​“missing context or misinformed.”

Importantly, as Long himself acknowledges, HB310 did not carefully define ​“pay-only probation,” which meant it had ​“too many loopholes to have teeth,” Long says. For example, a judge could add ​“one hour of community service” to a defendant’s sentence and then decide that no longer constituted pay-only probation, according to Long. (Indeed, Davis received 20 hours of community service, a small addition to her five years’ probation and thousands of dollars of fines and fees). As such, Long concludes, ​“the entire [statute] was just window dressing for the private probation industry.”

Roberts, for his part, says he believes the legislative reforms and past lawsuits have ​“cleaned up” the industry, and that his small company, formed in 2002, has established ​“ethical, fair and reputable” policies in good standing with state compliance.

For Lynn Davis, the probation system in Clayton had staggering consequences. But, she says, this kind of ​“sentence is just how it works” in Clayton. And Davis was far from the only one.

The wide-ranging impacts of Clayton’s private probation system

Claire Young says she felt like she ​“was being taken advantage of” during her encounter with Clayton’s court system in 2018. Young, who was 72 at the time, was staying with her sister in Clayton during a ​“horrible time in my life,” struggling financially between jobs.

During a February interview, Young tells me she had heard police in the area were ​“notorious” for pulling drivers over when she moved to the Clayton area. One day, she was stopped for speeding. The officer noticed her insurance had lapsed, something she described as an unfortunate consequence of her financial hardships.

That incident began a years-long saga that followed the Clayton court pattern. Young appeared in court the month after Lynn Davis, in March 2018, and pleaded guilty to reduced counts on both charges. Young was sentenced to two years’ probation— consecutive 12-month terms — for her speeding ticket and her insurance lapse. She owed almost $1,000 in fines, an amount she could not afford on the day of court. But her case was not designated as pay-only, with HB310’s cap on supervision fees. Like Davis’ case, Young’s was marked ​“early termination,” meaning she could end probation early if she paid off her underlying fines. But each month that she couldn’t pay her fine, the supervision fees added to her debt, placing payment further out of reach.

Young did not realize, at first, that she had been sentenced to probation, thinking instead she was on a ​“payment plan” to give her time to pay her fines.

John Roberts says he finds it ​“hard to believe” Young was unaware of the terms of her probation agreement since she signed a waiver form to plead guilty. Roberts notes all defendants he supervises are eligible to pay off half of their court fines by completing community service at the rate of $7.25 per hour, the federal minimum wage. They may also request the judge convert their entire fine to community service work, though this would not include probation fees.

Meanwhile, in May 2018, according to probation officer notes in her file, Young reported she was in ​“deep debt” and ​“again” requested ​“for fine to be lowered.” According to the notes, her probation officer ​“explained that [her fines] cannot [be lowered.]”

Young soon learned the ​“horrifying” stakes of her new sentence as she began to fall behind on payments. Her probation officer threatened her with probation revocation hearings, which could mean jail time. Young was ​“hauled back into court,” as she describes it, on at least two occasions, and recalls being ​“so scared” when she had to face the judge. Roberts, in commenting for this story, indicated that Young failed to show up for probation appointments, leading to three probation revocation hearings, which he said are required when a defendant falls two monthly payments behind.

After one such hearing, approximately six months into her time on probation, Young left the court/​police department building flustered. In the parking lot outside, she tripped and ​“fell because I was so upset,” and a paramedic was called because of the amount of blood. It marked the nadir of her entanglement with what she calls the ​“barbaric” court system in Clayton, and remains one of the most ​“humiliating experiences” of Young’s life. ​“They make you feel like you’re worthless,” Young tells me.

Beyond Davis and Young, the private probation system has had wide-ranging effects in Clayton. A review of all of Clayton’s court cases in 2018 reveals that at least 115 defendants received long probation sentences of a year or more — just like Davis and Young — for similarly minor traffic charges or misdemeanors. One defendant received three years’ probation for minor traffic offenses, one of which was a $15 seatbelt violation. Another received a two-year probation sentence for two traffic offenses, including 12 months for running a stop sign. One man received four years of probation for three traffic tickets (two insurance lapses and driving on a suspended license) and possession of drug-related objects.

In Clayton’s city court, a defendant’s ability to pay fines appeared directly correlated to their sentencing. Defendants with a wide range of offenses similar to Davis’ and Young’s — or some even more severe — did not receive probation if they were able to pay their fines. In one revealing case, a defendant sentenced to two consecutive 12-month probation sentences (for speeding and reckless driving) had his probation crossed out on official court documents after it was noted he ultimately paid his fines.

Data reported to Georgia’s Department of Community Supervision show the pay-only label for probation cases, and thus the three-month cap on probation fees that went with it, was applied to a fraction of total cases in Clayton. In DCS’s 2019 compliance report, conducted in summer 2019, Capital Probation reported only six cases — or just under 3%, of active probation cases in Clayton Municipal Court — were serving on pay-only probation, a far cry from the 70% figure that Sentinel cited before it cut ties with Georgia.

Clayton is not alone, however. An identical standing order was signed on the exact same date in at least three other jurisdictions where Judge Sneed presided and Capital served as probation provider. In these four courts, only 5% of active probation cases were designated as pay-only, per the DCS compliance report. (It is not clear how many cases were labeled pay-only between the 2015 effective date of HB310 and the 2017 standing order, as DCS did not yet track overall figures in their initial compliance reports.)

In commenting for this story, Roberts reported the 2017 standing order is no longer in effect because his company worked with Judge Sneed ​“to come up with a new policy based on what we had experienced in Court over the years and what charges are based on financial hardship.” Roberts said Judge Sneed signed a new standing order May 14, 2019 for each of the courts where Capital provides probation services — which ​“classifies a standard sentence for each charge listing special conditions and minimum term lengths for all cases to be classified as a non ​‘pay-only’ cases.” All other cases are designated pay-only, Roberts said. Young’s case, he said, would have been classified as pay-only under the more recent 2019 standing order.

The 2019 order, however, does not explicitly reference pay-only cases. And the minimum sentences it sets for a host of traffic offenses and misdemeanors, such as driving on a suspended license and possession of marijuana, include mandatory probation and community service in addition to court fines. According to Jack Long, the new order raises legal concerns of its own because it suggests that the court is ​“prejudg[ing] individuals before hearing the facts.”

Claire Young, sentenced to two years’ probation for two traffic misdemeanors in Clayton, Ga., says the private probation system takes advantage of defendants by billing them for their own supervision.

“Speed up and take care of business”

In 2019, Governing, a magazine that covers state and local governments, published ​“Addicted to Fines,” one of the first attempts to track trends in predatory municipal finance across the country. The report defined the threshold of ​“high” fine revenues as more than 10% of a city’s general revenue or revenues that exceeded $100 per adult resident. Not only did Clayton exceed the report’s 10% threshold by more than double in 2018, its total fine revenue per capita was $308.

A review of all of Clayton’s court cases in 2018 reveals that at least 115 defendants received long probation sentences of a year or more—just like Davis and Young—for similarly minor traffic charges or misdemeanors.

It is not just Clayton that stands out, however. In Governing’s analysis, Georgia had 52 localities that generated more than 20% of their general revenue from court fines and forfeitures, more than any other state. In a report that analyzed all 50 states from the libertarian public interest law firm, Institute for Justice, Georgia ranked first as the legal environment ​“most hospitable” for municipal ​“taxation by citation,” as the report’s authors refer to it. The report concluded, ​“not only do … [Georgia’s] laws do little to discourage reliance on fines and fees for revenue, but they also provide for the structures and mechanisms that allow such behavior to flourish,” including outsourcing fines collection to private companies.

But Clayton did not always generate a quarter of its general revenue from court fines. In fact, Clayton’s share of revenue generated from fines has grown continuously in the years after the 2008 financial crisis while its share of tax revenue has decreased in tandem. According to Clayton city audits, the amount of court revenue increased by about 60% between 2011 and 2018, all while the city’s expenditures and population have remained relatively constant. In 2011, the city generated 15.3% of its revenue from fines; by 2018, that figure had ballooned to 24.6%. City leaders in Clayton have made decisions about how they would sustain their city, and more importantly, from whom they would extract revenue. A city like Clayton is ​“fraught with misaligned incentives,” says Sarathy Jones, of the Fines and Fees Justice Center.

Robert Sneed was appointed as Clayton’s Municipal Court judge in 2017, but he had long been a familiar face at courthouses across the region. By 2012, he was already serving as municipal judge in 17 jurisdictions, a number that far surpasses any other judge in the state. That number has since grown to at least 22.

Of those 22 municipal courts, half meet the Governing report’s criteria for abnormally high court revenue. And Judge Sneed serves as judge in all four of the municipal courts for which Capital Probation served as probation company in 2018. All four of those Capital Probation cities appear in Governing’s report.

The circumstances preceding Judge Sneed’s appointment as Clayton’s judge illuminate the city’s view of its court. Judge Sneed replaced longtime Judge David Smith. City officials had raised ​“concerns” about Smith in a January 2016 city council meeting, when, according to meeting minutes, “[Councilmember] Debbie [Chisholm] stated that she would like to discuss the City Judge’s appointment. She stated that everyone has had this discussion regarding the concerns.”

At issue was Chisholm’s worry that ​“there are too many court cases that are being assigned a Public Defender. This process is creating more time and city resources, therefore costing the city more money.” Chisholm (who is no longer a city council member) succinctly encapsulated the city’s priorities: efficiency and the preservation of ​“city resources.” Later at the meeting, according to the minutes, city officials discussed the need for the court system to ​“speed up and take care of business.” Chisholm did not respond to requests for comment. Clayton’s city manager, on behalf of all Clayton officials contacted, declined to comment on any specific allegations, writing, “[t]he City of Clayton takes its involvement within the judicial system seriously and strives at all times to comply with Georgia and Federal law concerning its Municipal Court.”

The January 2016 meeting also exposed a tangled web of city and court bureaucracy. According to the minutes, “[A]fter much discussion it was determined that the Chief of Police chooses the Public Defender. Therefore [Police Chief] Andy Strait said that he would discuss this further with the Public Defender.”

In other words, the chief of police chooses the public defender tasked with representing those arrested by the police for allegedly violating laws. Without reservation, the city council, who had just re-appointed Strait as police chief, gave him a directive to talk with the public defender about ​“speed[ing] up” the court process. After reviewing the city council minutes, Sarathy Jones expressed concern ​“that those two entities should not be having that kind of relationship.”

Chief Strait did not respond to requests for comment.

Yet another potential conflict of interest, according to Georgia attorney Jack Long, is that Clayton’s city attorney — engaged deeply in managing the city’s budgetary and legal responsibilities — serves a dual role as the solicitor charged with prosecuting defendants on whose very backs budgetary gaps might be closed. It is in this context, of contingent relationships, that the city’s budgetary priorities can be infused into the operation of its criminal legal system. These ​“overlaps” in responsibilities call ​“into question what drives decision making,” Sarathy Jones says.

City Attorney Mitch Baker did not respond to requests for comment.

In early 2017, 364 days after the city council raised its concerns, Robert Sneed was appointed as Clayton’s new city judge.

The court’s revenue generation reached new heights from the very start of Judge Sneed’s tenure. In fiscal year 2018, Judge Sneed’s first full fiscal year as judge, the city’s budget expected $595,000 in court revenue, which was $208,000 more than its fiscal year 2017 budget — and more than double what the court generated in 2011. While the court fell nearly $100,000 short of those expectations, fines and forfeitures still amounted to 24.6% of the city’s revenue in fiscal year 2018.

Clayton’s city manager noted that ​“Clayton utilizes and relies upon a Municipal Judge whose sole role with the City is to preside over and conduct the Municipal Court; creating a separation between the Court and the multiple other administrative, legislative, and enforcement roles of the City.” Judge Sneed did not respond to requests for comment.

As Clayton’s court has transformed, city leaders have oriented routine budgetary decisions around this new paradigm. At one council workshop — held later the same day of Lynn Davis’ 2018 court proceeding — the police chief, Andy Strait, requested funds for body cameras in the aftermath of a lethal police shooting in Clayton. Councilmember Debbie Chisholm’s reaction was telling, asking ​“if the department could add money by raising fines,” according to the Clayton Tribune. Strait ​“responded that it was a possibility, but fines were already recently increased.”

In the very same workshop, a public accountant presented his annual audit for the previous fiscal year, noting in his presentation that fines and forfeitures were up approximately $115,000.

“You’ve got to stand for something or you’ll fall for anything”

I met Lynn Davis for the first time four years to the day after her 2018 sentencing. ​“I’m coming up on 50,” she tells me, her voice catching. ​“I don’t want to have to worry about this stuff, I want to be a grandma, and see my grandkids, and spoil my kids.”

Davis began to reflect on her roots in Clayton, telling me about her great-grandmother’s house, the white house on a hill near the center of town. ​“I’ve got generations of family buried there,” she tells me. It is those roots that give her fortitude. Davis has remained unyielding in her desire to tell her story.

Davis has a clear vision of a city with fundamentally different priorities. But, ​“Instead of setting up programs for rehabilitation [and] setting up jobs [and] a transit system … they build a jail,” Davis laments, referring to a Rabun County construction project for a new jail annex that increases capacity by nearly 60%. Meanwhile, there remains a lengthy waiting list for public housing in Clayton, says Davis, who was once on the waiting list herself.

Davis says repeatedly that she is committed to fighting for a town she feels has left her and many residents behind. She tries to live by an adage of her grandfather’s: ​“You’ve got to stand for something or you’ll fall for anything.” Instead of more jail beds, and a city that views people as ​“sources of revenue,” what Clayton needs most, Davis says, is ​“something to show to these people that they matter.”

[cummingsandfranckblog]

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