Law Office Mark Rosenfeld March/April 2021

Law Office Mark Rosenfeld March/April 2021

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 >Page 1 Page 2 Page 3 Page 4

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