Helping Good People Regain Control of Their Future

When Charged With a Crime

May 2019 eNewsletter Issue no. 30

When Court TV reviews a noteworthy case, they seek input from criminal defense lawyers respected for their knowledge of the law and the workings of the criminal justice system. David P. Shapiro was asked by Court TV to provide his legal analysis of the Kellen Winslow Jr. trial, currently underway at the Vista Courthouse, on two separate occasions the first week of the trial. Winslow, a former Pro Bowl tight end who played for over a decade in the NFL, stands accused of sexual assault, kidnapping, indecent exposure, and other serious crimes. His trial got underway on May 20. David provided his insight on the case, after day one of the trial, and discussed the impact of the opening statements made by both the prosecution and defense. David was welcomed back after the third day of the trial to analyze the testimony of the first two complainants and how the trial was progressing. Click on the pictures above to hear parts of David’s exchanges on Court TV

California law requires that qualifying employers obtain workers’ compensation insurance for their “employees” in case of work-related injuries. In fact, failure to obtain “workers’ comp” insurance can be prosecuted as a crime under Labor Code 3700.5(a). This can be financially devastating due to fines and restitution in the tens of thousands of dollars. Moreover, one may also be responsible for repaying the investigative costs associated with discovering the lack of coverage. Partner Stefano L. Molea advises that when defending against these charges, one key issue that the Firm analyzes is whether the person who the State alleges is an “employee” (triggering the need for workers’ comp coverage) is, in reality, an independent contractor. Late last year, the California Supreme Court ruling in Dynamex Operations West v. Superior Court of Los Angeles narrowed the definition of “independent contractor” and made it more difficult for employers to avoid liability. Nevertheless, these types of cases can be defended. Make sure to stay on top of employer responsibilities. If you are cited or accused of a violation, contact us. A simple fine could turn into a criminal case.

Law Office of David P Shapiro

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Phone: 619-295-3555

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This newsletter is for meant for informational and marketing purposes only, and should not be relied on as legal advice. Viewing and/or use of the newsletter, including sending email or submission of forms, does not create or constitute an attorney-client relationship. Any endorsement, testimonial or other statement contained in or referred to in this newsletter is not a guarantee, a warranty or a prediction of a particular result in your case. David P. Shapiro and Stefano L. Molea are active members of the State Bar of California and are admitted to practice law in any and all California state courts and in the Southern District of California federal courts.