It’s not the most sexy topic at first glance, but the potential assets and taxes saved from forming an LLC while you’re freelancing on your own, is. Formation as an LLC can be done with one person as a member, and shields your personal assets from liability.

Relatively new (in the legal sense), the entity of an LLC has much of the benefits of a traditional Corporation, but the flexibility of another animal altogether.

I can help you set this up, with an Operating Agreement, and answer questions you may have.

But like in any other type of relationships, there are some things to consider, for example:

• Was a mistake really the lawyer’s fault, or is it just the situation? Are you merely frustrated by a result that couldn’t have gone any other way?
• Did the lawyer do something that was really against your best interest?
• What is the working relationship like?
• Does she keep you informed of court dates, proceedings, and educated of what’s happening in your case?

If you do change attorneys, note that the file is yours to keep, and the attorney is required to hand it over.

When you’re charged with a crime, it’s important to note that you’re entitled to a competent lawyer. If your case has reached its conclusion, and you believe your lawyer took some serious and terrible missteps in your case, it’s possible to get relief by making an Ineffective Assistance of Counsel claim.

Unfulfilled with defending corporate clients, I left a premiere boutique litigation firm to practice law involving real people with everyday legal issues. I am based out of  Downtown Los Angeles, California, where my focus is on startup businesses - particularly artisans and the creative class.

Court Admissions

• California Supreme Court
• United States District Court, Central District of California

Education

University of California, Irvine

• Bachelor of Arts, Philosophy and Political Science

California Western School of Law, San Diego

• Juris Doctorate, Law
• Distinguished Advocate, David M. Gill Mock Trial
• Moot Court Honor’s Board, Member

Recently Americans for Safe Access has sued the United States Attorney General and the AG in the Bay to stop raids and threats to close down shops. Based in Oakland, Americans for Safe Access is an advocacy/tank that’s for the safe and legal access to medical marijuana to those who need it.

The suit raises the federal question on the Constitution’s 10th amendment. For those who may have fell asleep in high school civics/government, the 10th Amendment is the source in which Congress may not exercise power in a fashion that impairs states’ integrity or their ability to function effectively in a federal system. It’s why marriage laws are different, and it’s why some things like gambling is legal.

The heat in California is undeniably on when it comes to cracking down medial marijuana operations. Every time I watch the news, it seems like it’s almost always a topic.

“They’re not just enforcing marijuana laws, they are doing something extremely unusual in an effort to quash the medical marijuana programs in the various states,” said Joe Elford, chief counsel for Americans for Safe Access. “They’re not allowed to commandeer the lawmaking functions of the state.”

In 1996, California voters approved of an initiative which allows for the medical use of marijuana. But under federal law, the substance remains illegal for all other uses. This obviously puts local governments and cities in a bind in terms of how things should be regulated.

Elford said that they’ll hope for a preliminary injunction to temporally halt the raids and seizures before having the law settled later. ]]> http://www.williamhalaw.com/2011/10/27/americans-for-safe-access-files-lawsuit/feed/ 0 http://www.williamhalaw.com/2011/10/21/orange-county-district-attorney-dna-database/?utm_source=rss&utm_medium=rss&utm_campaign=orange-county-district-attorney-dna-database http://www.williamhalaw.com/2011/10/21/orange-county-district-attorney-dna-database/#comments Fri, 21 Oct 2011 01:43:26 +0000 Will http://www.williamhalaw.com/?p=198

Tales from the trenches

While sitting in court, a few defendants were called up to be arraigned for some low-level offenses.

The Judge stated the fines for this violation, but explained that the Orange County D.A. has a DNA testing program in place where they would agree to withdraw the charges if the defendants would agree to a simple DNA swab sample.

One agreed to the DNA swab to have the charges and fines dropped. Everyone else pleaded guilty to pay the fine.

DNA is, relatively speaking, a new practice as admissible evidence in courts. Since its introduction, different people have been both convicted and exonerated of crimes they did and did not commit respectively.

Its proper use in court isn’t scary, but the practice of taking a DNA sample for such low-level offenses is.

In 2009, the LA Times ran an article that shows that Orange County’s DNA database has quadruple in just nine month. Now 2011, Orange County has amassed a large DNA bank that would be used and readily referenced.

Privacy advocates would agree that a DNA collection of such a magnitude, constitutes a big concern of privacy rights when it was contributed voluntarily to have charges dropped.

If offered such a bargain, you take into account whether this private information – a record of your DNA makeup  - is worth giving up.

Earlier this year in January, the California Supreme Court held that the search of a cell phone after a lawful arrest can be done by law enforcement without a search warrant. People v. Diaz, 51 Cal.4th 84 (2011).

When I first worked on this issue in early 2008 in the context of public schools, the first generation iPhone had just been released. The Diaz case occurred in 2007 where the accused was incriminated over the text “6 4 80″, as in 6 pills for $80. Safe to say, the phone in question wasn’t very smart.

Although the Court held the “smartness” of the phone wasn’t a determination for what kind of protection we should give to people from police search and seizure, today’s phones are dangerously more sophisticated than anyone just a few years ago could imagine. I’d go as far to say that the information stored on the phone contains more sensitive information than the computer sitting on your home, because you have it with you at all times, passing through the most personal information you get while going about your business and personal life.

The United States Supreme Court wouldn’t hear the case, and Governor Jerry Brown vetoed a bill last week that would require cell phone searches to have an issued warrant.

The information on your cell phone can be used against you right after arrest.

What to do?

Password protect your cell phone. If you’re driving, avoid any texting (never a good idea anyway) about events that could be used against you, that way no tidbits of a conversation can be visible. You do not have to give law enforcement your password, and telling them you don’t want to speak, and that you invoke your rights to counsel should cover some bases.

Let’s play the game the worst case scenario in the context of a DUI: You fail the fail sobriety test, you blow a .16, and you and your friend have been texting about how drunk you are.

If you believe it would play out this way, just call a cab. You’ll end up saving a lot of cash and headache this way.

When in custody, you may explicitly evoke your rights by saying you don’t wish to speak, and that you would like a lawyer to law enforcement officials.

When or after you have been arrested, you should NOT discuss your case unless you have an attorney present with law enforcement, other inmates, with friends, relatives or anyone else. It is in your right to request that all communications with authorities be made only through your lawyer.

Personal information, such as citizen status should also never be volunteered during questioning.

Disclaimer:  The above post if informational only, and does not constitute legal advice by the Law Offices of William Ha.  For consultation, please call 949.415.6070.

I provide services with:

• Business formation: LLCs, Corporations;
• Contract Drafting
• Contract Review

For an initial consultation, contact the Law Offices of William Ha. 949.415.6070.