Fakhimi & Associates

Meeting with a new client who is facing charges that were filed four years ago unbeknownst to him. Looks like he may have a good shot at dismissing the case by filing what’s called a Serna motion. A motion to dismiss based on denial of defendant’s speedy trial rights. #inlandempirecriminaldefenseattorney #santanacrimedefense #ocattorney... Houman Fakhimi

Happy Easter 2021 from the abor law and criminal defense team at Fakhimi & Associates.

Fifty-five percent of the cases dismissed were narcotics-related, the District Attorney’s Office said, a pattern that aligned with Williams’ campaign pledge to toss out low-level drug charges in order to focus on crimes of violence. Many of the cases dropped by Williams were growing stale, according to his office. Roughly 65% were more than two years old. None of the charges dismissed in Williams' first month were for crimes that carry a sentence of life without parole, a...ccording to a list of 705 charges dismissed provided by his office. Individual cases can involve multiple charges. At least 120 of the charges dismissed were for marijuana possession or distribution.

Doctor appears for his traffic ticket trial via video and while performing an operation! Judge suspends the trial due to his concerns for the welfare of the paitient . Wonder what the medical board will have to say about this incident. #trialattorney #oclawyer... Houman Fakhimi

It took almost two years but at the end an emotionally charged Second DUI case with an accident, injuries and involving a hit and run was resolved and client gets to be with her family and at home after a 30 day jail term . Special thanks to Nancy Clark and Winter McDaniel for all of their help, especially their help with our mitigation packet. #duiattorney #riversidecriminaldefense #inlandempireattorney

Proud to announce that Houman Fakhimi has been elected as Super Lawyer for the fifth time. #criminaldefenseattorney #employeesrightsattorney

Visiting a client. Gang enhancements under Penal Code section 186.22 can potentially turn a crime which carries no more than few years into a situation where the defendant is facing life in prison. Knowing the elements required by the statute and the caselaw interpreting that statute are going to be very important when negotiating a potential settlement, a plea bargain with the district attorneys office. fakhimi.com #gangcrimeattorney ... #orangecountytriallawyers Houman Fakhimi

We are looking to hire a part-time or a full-time legal secretary/paralegal, some experiences with civil litigation will be helpful. If you’re interested or you know someone who may interested please forward your resume to [email protected]. #oclegalsecretaryjob #orangecountylegalassistantjobs

Wishing everyone a healthy, happy and prosperous new year. #orangecountytriallawyers

LA county prosecutors take their own boss to court to halt his reforms, they allege the reforms initiated by the newly elected DA break the law. #criminaldefenseattorney

Pretrial detention more than anything else is meant to ensure that the accused does not flee the jurisdiction. Considering the defendant’s wealth the judge clearly was concerned that if she is released on bond she may never come back to court. For substantially the same reasons as the Court determined that detention was warranted in the initial bail hearing, the Court again concludes that no conditions of release can reasonably assure the Defendant’s appearance at future p...roceedings, Nathan wrote Monday. #criminaldefenseattorney #federalcrimesattorney

Merry Christmas from Fakhimi & Associates.

A second complaint involved three defendants apprehended in August in a rented Maserati who were found with California unemployment debit cards approved for a quarter million dollars in benefits, as well as $45,000 in cash. The defendants were allegedly gambling in Nevada casinos. A third complaint stemmed from a September traffic stop Las Vegas police made on a Mercedes Benz. Two Florida men were found with at least 17 California unemployment debit cards in the names of oth...er people that were approved for some $385,000 in benefits. #disasterrelieffraudattorney #eddfraudlawyer #unemploymentfraudlawyer

From Star Tribune- Judge Barrett’s controversial Smith v Illinois Dept. of Transportation opinion. RACE DISCRIMINATION IN THE WORKPLACE Barrett wrote for a unanimous three-judge panel in 2019 that upheld the dismissal of a workplace discrimination lawsuit by Terry Smith, a Black Illinois transportation employee who sued after he was fired. Smith's claims included that he was called a racial slur by supervisor Lloyd Colbert.... The n-word is an egregious racial epithet, Barrett wrote in Smith v. Illinois Department of Transportation. That said, Smith can’t win simply by proving that the word was uttered. He must also demonstrate that Colbert’s use of this word altered the conditions of his employment and created a hostile or abusive working environment. Barrett went on to say that Smith introduced no evidence that Colbert’s use of the n-word changed his subjective experience of the workplace. To be sure, Smith testified that his time at the Department caused him psychological distress. But that was for reasons that predated his run-in with Colbert and had nothing to do with his race. His tenure at the Department was rocky from the outset because of his poor track record. A possible colleague of Barrett's took a different view on racial slurs in 2013. Justice Brett Kavanaugh, then serving as a federal appeals court judge in Washington, D.C, said one utterance was enough. But, in my view, being called the n-word by a supervisor ... suffices by itself to establish a racially hostile work environment. That epithet has been labeled, variously, a term that ‘sums up . . . all the bitter years of insult and struggle in America,’ ‘pure anathema to African-Americans,’ and ‘probably the most offensive word in English, Kavanaugh wrote. No other word in the English language so powerfully or instantly calls to mind our country’s long and brutal struggle to overcome racism and discrimination against African-Americans. In short, the case law demonstrates that a single, sufficiently severe incident may create a hostile work environment actionable under federal anti-discrimination laws. #employeesrightsattorney #OrangeCountylaborlawyer #oclaborlawyer Houman Fakhimi

There’s a misconception that all Uber drivers are part-time. Maybe they drive as a fun hobby in retirement or pick up a few hours after class in college, as I did. These drivers exist, but the drivers who are essential to Uber’s business are full-time workers. A study commissioned by the city of San Francisco released in May found that 71% of the city’s gig drivers work at least 30 hours per week. It is these drivers who give the majority of the rides. California legally req...uires employers to provide benefits to all workers working at least 30 hours per week, so 71% of daily drivers are currently denied benefits required by the state. #employeesrightsattorney #oclaborlawyer #OvertimeLawyer Houman Fakhimi

Working on preparing an Opposition to a Demurrer to our Answer on an embezzlement, conversuon case field against our client. Demurrers to Answers are rare but can be a useful tactic by Plaintiffs. Im confident our Amswer was adequate though. Houman Fakhimi #ocemployeesrightsattorney ... #oclaborlawyer See more

Happy Rosh Hashanah! L’ Shana Tova. #5781

The NTSB said the probable cause was Vasquez's failure to monitor the driving environment because she was visually distracted throughout the trip by her personal cell phone." She was supposed to act in the event of an emergency. Uber made a series of development decisions that contributed to the crash's cause, the NTSB said. The software in the modified Volvo XC90 did not properly identify Herzberg as a pedestrian and did not address "operators’ automation complacency." #or...angecountycriminaldefense #homicideattorney See more

One might think this is an obscene amount of money to spend on a ballot proposition that would deny thousands of workers basic workplace conditions, including a living wage, access to unemployment and worker compensation coverage, and the right to unionize. #orangecountyemploymentlawfirm Houman Fakhimi

"A federal judge on Tuesday struck down a Trump administration rule that narrowed the definition of "joint employer," and which the attorneys general of 17 states and Washington, D.C. said would eliminate important labor protections for workers. U.S. District Judge Gregory Woods in Manhattan said the rule was "arbitrary and capricious" because the Department of Labor failed to justify it or account for its costs to workers, which the states estimated at more than $1 billion a...nnually. In a 62-page decision, Woods also said the rule conflicted with the broader worker protections under the federal Fair Labor Standards Act, adding that the Labor Department had recognized joint employer liability since 1939." #orangecountyemploymentlawfirm

Happy Labor Day from Fakhimi & Associates. Houman Fakhimi

Houman Fakhimi , selected as a Super Lawyer 2015, 2016, 2017, 2018 and 2021, with twenty two (22) years of experience handling federal/state criminal defense matters as well as employment law litigation. Call us for a free consultation (888) 529-2188

Have a safe, healthy and happy 4th everyone.

Picking up discovery on an insurance fraud matter. Insurance industry has been yielding its power through different prosecutors offices in recent years. Many law abiding and honorable physicians and medical providers are being caught in overzealous investigations. We pride ourselves as a criminal defense firm with a wealth of experience in defending PC 550 and other FCA statues on behalf of our professional clients. Contact me for a free consultation. www.fakhimi.com #insu...rancefraudefense #orangecountycriminaldefense See more

The charges filed in Atlanta seek to prove that the officer 1- intentionally committed a felony ( aggravated assault ) on Mr. Brooks AND 2- Mr. Brooks died during the commission of that felony. O.C.G.A. 16-5-1- Code 16-3-21 of Georgia provides that "... a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or h...erself or a third person ..." In Harwell v State (1999) Georgia's Supreme Court held that that stun guns and tasers may be considered offensive weapons that are likely to result in serious bodily injury, depending on how they’re used. #orangecountycriminaldefenseattorney #inlandempirecriminallaw Houman Fakhimi Posts of Fakhimi & Associates are for general information only and should not be construed as legal advice. Houman Fakhimi is licensed to practice law in the State of California.