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Is Sexual Harassment a Crime in Colorado?

Posted by Neil Shouse | Mar 24, 2020 | 0 Comments

Sexual harassment is not a crime in Colorado. Instead, it is a civil matter. This means the alleged victim can file a lawsuit for compensation. Prosecutors cannot pursue criminal charges for sexual harassment, though. People who commit sexual harassment do not go to jail. Instead, they can be made to pay money to the victim. Harassment can become a crime if it amounts to unlawful sexual contact (CRS 18-3-404).

Statute of Limitations for Statutory Rape

Posted by Neil Shouse | Mar 23, 2020 | 0 Comments

The statute of limitations for statutory rape in California is either 1 year or 3 years. If the charge is a misdemeanor, it has to be filed within 1 year. If it is a felony, it has to be filed within 3 years. If it is not filed within this timeframe, the charge can be dismissed.

Statute of Limitations for PAGA Claims

Posted by Neil Shouse | Mar 22, 2020 | 0 Comments

The statute of limitations for PAGA claims is 1 year. The Private Attorney General Act lets California workers file lawsuits against their employer for violating labor laws. To do so, the workers have to follow pre-filing requirements. This all has to be done before the statute of limitations has expired.

What felonies cannot be expunged?

Posted by Neil Shouse | Mar 22, 2020 | 0 Comments

Many felonies cannot be expunged. Each state has its own rules. Some states will not expunge any felonies. Others will expunge most of them. Some felonies are almost never eligible for expungement. These include: murder, serious violent crimes, and sex crimes involving children.

How to Register an Unregistered Gun in California

Posted by Neil Shouse | Mar 19, 2020 | 0 Comments

The Firearm Ownership Report (FOR) Application is a legal form. It goes to the California Department of Justice (DOJ). The form is also known as the BOF 4542A. By filling out and submitting the form, you voluntarily register a firearm. You are declared its legal owner.

What's the difference between aiding and abetting?

Posted by Neil Shouse | Mar 17, 2020 | 0 Comments

Abetting does not require an act of assistance. Aiding a crime means to help someone else commit a crime. Abetting means to encourage or incite a criminal act. Both are crimes. Aiding and abetting is a form of accomplice liability. A conviction usually comes with the same penalties as the underlying offense. While the crime is often referred to as “aiding and abetting,” either one suffices. You can be liable if you aid a criminal activity, or if you abet in it.

Is DUI a Crime of Moral Turpitude?

Posted by Neil Shouse | Mar 17, 2020 | 0 Comments

A DUI can be a crime of moral turpitude (CIMT) if there were aggravating factors. It can also be a CIMT if drugs were involved. If it is a CIMT and you are not a U.S. citizen, your immigration status can be affected. You could be deported.

Pleading No Contest to a DUI

Posted by Neil Shouse | Mar 16, 2020 | 0 Comments

Pleading “no contest” to a DUI charge is like a guilty plea. However, it does not admit wrongdoing. Instead, pleading no contest means that you are not going to fight the charges. It can keep a DUI conviction from being used as evidence against you in a civil lawsuit filed by the victims.

Is Battery a Crime of Moral Turpitude?

Posted by Neil Shouse | Mar 16, 2020 | 0 Comments

Battery can be a crime of moral turpitude (CIMT) if it causes significant injuries. This can trigger extra collateral consequences of a conviction. If you are not a U.S. citizen, you may be deported. However, many batteries do not cause any injuries. Even if committed against a spouse, these batteries will not involve moral turpitude.

Where do people arrested by CHP get taken?

Posted by Neil Shouse | Mar 12, 2020 | 0 Comments

When officers in the CHP make an arrest, they will bring the suspect to a local county jail or holding facility. These include: one of the more than 110 county jails, the local city jail, or holding cells in local police departments. These facilities are scattered throughout the state.

The Difference Between Lost Wages and Loss of Earning Capacity

Posted by Neil Shouse | Mar 11, 2020 | 0 Comments

Lost earning capacity covers future economic loss, while loss of income covers what has been lost, in the past. Lost income is easier to calculate because it looks backwards. Lost earning capacity can be more difficult because it requires a prediction. Both, however, are forms of compensation that can be recovered in a personal injury lawsuit.

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