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MARKROSENFELD LAWOFFICEOF
MARCH/APRIL 2021
310-424-3145 | MRDUILA.COM
When the System Gets You Down
It’s no secret that the court system is backed up and it’s taking much longer than usual to resolve cases. As the uncertainties related to COVID-19 continue, many frustrations continue, as well. The Los Angeles County court system has essentially eliminated jury trials for the foreseeable future. Last year, when they initially suspended jury trials, we didn’t know how long it would take before they resumed on a regularly scheduled basis. Going into March, we still don’t have a clear picture. The lack of jury trials impacts the motivation of the prosecution, and it alters the defense’s strategy. With no jury trials, there’s a greater emphasis on settling cases. And having a trial date on the books can help force a resolution if you can’t go to trial. For some clients, that can be hugely beneficial. But not every case is in that situation. Many cases don’t have trial dates. Instead, many of those cases are getting continued. This can be useful, too. The LA Superior Court has thousands of trials waiting to be heard — and when trials resume, it’s going to crush the system and lead to even further delays. That said, continuing and delaying is often in the client’s best interest. It may help them avoid a mark on their record. As time goes on, witnesses may move away, officers may retire, and others related to the case may simply be unavailable at a later date for any number of reasons. This can change the outcome of the case. Of course, waiting to see what happens next is difficult for clients. It’s a huge burden to place on anyone’s shoulders — and in many respects is a punishment in and of itself. Month after month of not hearing much out of the courts is a major source of stress. As an attorney, I’m also at the mercy of the system. However, I’m going to take advantage of the situation as best I can. If I know a case will benefit from a continuation or delay, the client will know about it. That helps ease some of the burden so the client can focus on other matters in the meantime. In the coming months, and as the courts start to resume normal activity (exact dates not yet known), it’s likely clients will also be able to take advantage of friendlier laws,
depending on the case. On Jan. 1, 2021, several new laws went into effect that allow some cases to be dismissed or diverted. A diversion focuses more on treatment than punishment and can help some people avoid criminal charges. The state legislature made it possible for prosecutors to pursue this course of action, which has individuals perform certain obligations as set by the court. There are also a number of factors the court may consider in a diversion, such as age, employment, education (are they in school or committed to schooling?), or even their commitment to the community. A person already committed to community service — or willing to perform community service — may be able to earn a diversion, and ultimately, have their case dismissed. I say all of this with optimism. While it looks good on paper, putting it into practice it’s a very different thing. It’s uncharted territory for many judges who are not familiar with the new laws. We don’t know how it’s going to play out just yet. Plus, there are many crimes that were excluded, and therefore some people will not be eligible for a diversion. But it’s something I’m looking into for certain clients. The court system may be something of a mess at the moment, but pieces will eventually start to fall into place — and as they do, I’m ready to go. Like many of my clients, I’m looking forward to seeing things return to somewhat normal. –Mark Rosenfeld, Esq.
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ARE THEY REALLY SAFE? THE TRUTH ABOUT ESSENTIAL OILS
If you’ve ever visited a spa or tried a “natural” perfume, then you’ve probably been exposed to essential oils. These fragrant oils are derived from plants and have become a fad among health nuts, yoga practitioners, and even chefs. Many devotees believe that a few drops of oil added to a diffuser, mixed with food, or rolled onto the wrist can do just about anything, like reduce anxiety and ward off the common cold. In 2019, the global essential oil market was valued at more than $7 billion, and sales are expected to soar above $14 billion by 2026. But there’s a catch: Some doctors now warn that essential oils are not a panacea — and they’re not as safe as they seem. What do the experts say? According to Rose Ann Gould Soloway, a clinical toxicologist at the National Capital Poison Center, essential oils can be safe
and beneficial. However, they have harmful side effects when misused. Many oils can cause rashes and even poison users if they’re swallowed or rubbed directly onto the skin. In addition to this, incorrectly breathing in an essential oil can cause pneumonia. How are essential oils misused? When it comes to essential oils, there are two big mistakes people might make: They either overuse essential oils with their children or they apply them the wrong way. When essential oils are concerned, proper application and amount can make a life-or-death difference. Nutmeg oil, for example, tastes delicious in food but can cause hallucinations and even comas when mishandled, and eucalyptus oil, which can soothe a cough, can also cause seizures if ingested. Another example is sage oil; it has beneficial applications, but even small amounts can make a child very ill.
How can you use oils safely? If you use essential oils or oil-based products, it’s vital that you follow the instructions that come with them and keep bottles of pure oil locked away from your kids and pets. When you’re using oils topically, dilute them with a barrier substance like a non-essential oil, lotion, or aloe jelly; and when you’re inhaling them, use a waterless or water-based diffuser. Finally, when in doubt, do your research! The American Botanical Council’s HerbalGram journal, AromaWeb.com, and databases like ScienceDirect and PubMed Central are great resources. Johns Hopkins All Children’s Hospital also offers an expert safety guide for using oils on kids.
CAN YOU GET A DUI IN A PARKED CAR? probable cause, they could arrest someone even if he or she was in the backseat or passenger seat and the keys weren’t in the ignition. There are a lot of situations in which multiple people may get arrested for DUI, even if they are not in the driver’s seat. For instance, if a police officer stops a car on the side of the road with multiple people inside and asks who was driving and different people admit to it (even if they weren’t driving), the officer may arrest everyone. A person can also be charged with a DUI even if they did not have the car’s key at the time of the arrest. The reason? Many cars on the road today do not always need keys to be driven and keys can sometimes get lost. However, in this case, things are often more complicated. Not having keys can be a good defense against a DUI. Attorney Mark Rosenfeld got a not-guilty verdict for a client who was in his car sleeping. He did not have the car’s key at the time, so the prosecution was unable to prove that he drove it, and the jury did not believe that person had, in fact, been driving the car.
I f a person is sitting in a vehicle, not driving, can that Police could arrest a car owner based on that circumstantial evidence if they are, say, in the parked car on the freeway miles from the nearest on-ramp, even if they were sitting in the passenger’s seat. The car obviously didn’t get there by itself, so the police have circumstantial evidence for the arrest. The issue then becomes whether the prosecution can prove beyond a reasonable doubt that the person drove and if they were impaired when they did so. person be charged with a DUI? What if they’re in the passenger seat? Does it matter? Here’s how it breaks down: A person does not have to be in the driver’s seat, nor do they have to be driving, to be charged with a DUI. That’s because it’s possible to be arrested for driving under the influence based on circumstantial evidence.
Police have a lot of latitude when it comes to DUI arrests. If an arresting officer has circumstantial evidence and can establish
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Tailgating: Don’t Let It Get the Best of You
Tailgating is one of the most dangerous driving behaviors on the road. Anyone who commutes in and around Los Angeles has encountered it. An impatient driver comes up behind you during your commute and won’t let off. Their goal is to intimidate, and in doing so, they put everyone on the road at serious risk. Sometimes, you may even find yourself doing it when feeling rushed or frustrated with traffic. Tailgating is dangerous because it reduces reaction time. If the traffic suddenly slows down or there is a hazard in the road, the driver who’s tailgating cannot respond safely. There is a high probability they will rear-end the vehicle directly in front of them or swerve into another lane of traffic. Tailgating while under the influence is even more dangerous, as it is even harder for an impaired driver to control their vehicle. According to the National Highway Traffic Safety Administration, traffic congestion is one of the primary causes of aggressive driving behavior, including tailgating.
Drivers want to get through the congestion and are willing to put themselves and others at risk to do it.
One of the best ways to reduce risk is to adhere to the two-second rule or the car-length rule. If you’re driving a passenger car, you want two seconds between you and the car ahead of you. Alternatively, you want one car length for every 10 mph that you’re driving. So, if you’re going 50 mph, it’s ideal to keep five car-lengths between you and the vehicle ahead of you. While this isn’t always possible, especially in congested LA traffic, the more you practice it, the safer you and other drivers will be. The Federal Motor Carrier Safety Administration has slightly different suggestions for larger vehicles, such as full-size SUVs and larger pickup trucks. These types of vehicles should allow for 3–4 seconds between them and the vehicle in front of them because they require more stopping time. At the end of the day, no one should ever tailgate. There is never a reason to. If traffic is moving slowly, you will not get to your destination any faster. If a single driver is driving slowly, navigate around them when it is safe to do so, but maintain a safe driving distance.
Andrea’s Kitchen
Spring Vegetable and Chicken Pasta Bake
Celebrate spring with this easy, tasty, herb-packed pasta bake.
Inspired by TheSeasonedMom.com
Ingredients
Directions
• 1 cup cooked chicken, diced • 1 14-oz can artichokes, drained and quartered • 1 cup fresh asparagus pieces • 1/2 cup carrots, grated • 1 1/2 cups uncooked penne pasta • 1 3/4 cups chicken broth • 1/2 cup fresh chives, chopped and divided • 1/4 cup fresh parsley, chopped and divided • 2 tsp minced garlic • 1/4 tsp salt • 1/4 cup grated Parmesan cheese, divided
1. Preheat oven to 425 F and grease an 8-inch square baking dish with cooking spray. 2. In the prepared dish, stir together cooked chicken, artichokes, asparagus, carrots, uncooked pasta, chicken broth, half the chives, half the parsley, garlic, salt, and 2 tbsp Parmesan. 3. Cover the dish tightly with foil and bake for 35 minutes. 4. Uncover and stir. At this point, check the pasta to make sure it is al dente. If it’s undercooked, cover the dish and return to the oven until pasta is tender. 5. Remove from oven and garnish with remaining Parmesan, chives, and parsley.
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You never have to go it alone if you’re charged with a crime or facing any other legal issue. If you or a loved one are in trouble with the law, call me right away at 310-424-3145. I’m here to get you the legal help you need (and if your issue is outside of my areas of expertise, I can connect you with other trusted, experienced attorneys). LEGAL ADVERTISEMENT
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Law Office Of Mark Rosenfeld 8200 Wilshire Blvd., Suite 200 Beverly Hills, CA 90211 310-424-3145
INSIDE THIS ISSUE
1 2
When the System Gets You Down
The Truth About Essential Oils — Are They Safe?
Can You Get a DUI Just Sitting in a Car?
3
What Is the Most Dangerous Driving Behavior?
Spring Vegetable and Chicken Pasta Bake
4
Get in Shape for Your Next Backpacking Trip
3 Essential Areas to Focus On GET IN SHAPE FOR YOUR NEXT BACKPACKING TRIP Never face a legal problem alone. Any time legal help is needed, please call my office right away. My office will make sure you get the right attorney and the help you need.
Backpacking in the mountains puts a fun twist on the standard campout. By packing all your gear miles from the nearest roads, you can leave the whole world behind and just exist in nature. That said, backpacking can also put a lot of strain on your body — unless you properly prepare for it. Peak backpacking season isn’t too far away, but it could take a couple of months to physically prepare for your next big trip. So, now is the perfect time to start working toward some of the following fitness goals: Increase Muscle Strength and Endurance Your leg and core muscles, as well as your shoulders and lower back (ideally to a lesser extent), will do most of the heavy lifting when you’re hauling a 30–50-pound pack up a trail. With that in mind, you should devote two nonconsecutive days each week to strengthening these muscle groups. A
few good exercises to increase leg strength are jump squats, single-leg deadlifts, step- ups, and hip rolls. A simple way people can increase core strength is by doing planks. Improve Your Cardio Health Backpacking includes a lot of walking while carrying heavy weight at a high altitude, which means it’s just as important to get your cardiovascular system into shape as it is to strengthen your muscles. Dedicate three days each week — alternating with your strength training days — to building your cardio health with activities like trail running, biking, swimming, or other aerobic exercises. Improve Your Balance Backpacking trails are rough, and you'll need good balance to navigate obstacles and step over boulders, creeks, and large roots. The good news is that increased strength and balance go hand in hand. Building up
the muscles in your legs and core will help improve your balance, as will taking walks or runs on uneven trails or terrain. These are just a few quick tips to help you get in shape this backpacking season. For more in-depth instructions, check out CleverHiker.com, Backpacker.com, or search “How to Train for Hiking” on REI.com. Happy hiking!
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