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In California, a Cruz Waiver is a promise by an out-of-custody defendant to stay out of trouble and to return to court for the sentencing hearing. If defendants break that promise, they waive their right to the terms of the plea bargain or indicated sentence and can face a harsher sentence. Cruz Waivers come from a …
A California arrest record is a report generated by police or law enforcement authorities after they arrest a person. The record is considered a criminal record and is made for arrests involving both misdemeanor and felony offenses. Arrest records are considered public records and people can access them by contacting the agency that made the …
In California, an Arbuckle Waiver is when defendants forego the right to have the same judge who accepted their plea bargain also handle their sentencing hearing. Criminal defendants have the right to have the same judge for both stages of the process. They waive that right with an Arbuckle Waiver. The name comes from a …
In criminal law, the term corporal injury refers to any physical injury that causes a traumatic condition. It can be an element of a violent crime like assault or battery. In California, it is an element of the domestic violence crime of corporal injury to a spouse or cohabitant. The infliction of a corporal injury …
Under California Penal Code 24610 PC, the following acts are illegal in California when it comes to undetectable firearms: Manufacture, Import into the State of California, Keep for sale, Offer for sale, Give, Lend, and/or Possess Undetectable firearms are also referred to as plastic guns or ceramic guns. They are firearms that go undetected in …
Under California Penal Code 33215 PC, it is illegal if a person does any of the following acts with a short-barreled rifle or a short-barreled shotgun: Manufactures them, Imports them into the State, Keeps them for sale, Offers them for sale, Gives or lends them, and/or Possesses them. California Penal Code 17170 PC defines a …
Updated February 23, 2021 MVARS stands for Mobile Video Audio Recording Systems. These devices are dashboard-mounted cameras used in some California law enforcement vehicles to record arrests, and events leading up to arrests. MVARS are also often referred to as “dash cams.” A few of the things a dash cam can record include: conversations between …
The statute of limitations, or window of time in which a person can bring a PAGA claim, is generally 1 year. The Private Attorney General Act lets California workers file lawsuits against their employers for violating labor laws. To do so, the workers have to follow pre-filing requirements. This all has to be done before …
Permanent residents of the United States (holders of green cards) can be deported for certain misdemeanors convictions. These include: crimes involving moral turpitude, drug crimes, firearms offenses, failing to register as a sex offender, violating a restraining order, domestic violence offenses, and child abuse crimes. These offenses make non-citizens deportable. This includes lawful permanent residents. An …
A consecutive sentencing plan is when a judge imposes two or more terms of imprisonment and the defendant serves one term immediately following another. A concurrent sentencing plan is when there are two or more terms of confinement and all are served at the same time, with the prisoner being released after the longest term …
Accessory to murder is a criminal offense whereby the perpetrator helps or assists a murderer before or after the commission of the murder. Normally, the person helping in the murder is not present at the commission of the crime. In most jurisdictions, the crime is a felony offense (as opposed to a misdemeanor) that can …
An indeterminate sentencing structure is one where a sentence for a criminal offense is given as a range. For example, a defendant could be sentenced to “15 years to life imprisonment.” With an indeterminate sentence, a minimum prison term is always given but a release date is left open. The specific date of release is …
A suspended sentence is where a judge sentences a defendant to jail or prison time, but then delays imposing the sentence in order to let the defendant serve time on probation. If the defendant complies with all the terms of probation, the judge typically dismisses the case without putting the defendant in custody. If, however, …
No. Per Assembly Bill 103, the state cannot suspend a person’s driver’s license for unpaid traffic tickets. Note, however, that the DMV can suspend a person’s license for failing to show up in court for a ticket. Vehicle Code 40509.5 VC is the California statute that allows the state to put a hold on a …
It is illegal to record a confidential conversation, including a private conversation or telephone call, without consent in California. A violation of this rule is the crime of eavesdropping, per Penal Code 632 PC. Note that while PC 632 makes it a crime to record a private conversation, a party can legally record a communication …
In general, it takes ten years for insurance premiums to go down after a DUI arrest. The ten-year period starts running from the date of the arrest for DUI charges. The ten-year period is due to California Insurance Code 1861.025, which became effective on January 1, 2007. IC 1861.025 applies to both adult and underage …
While robbery occurs when a person takes someone else’s property by force or fear, a person commits burglary by entering a structure with the intent to steal or to commit another crime inside of the structure. Robbery, then, involves the actual taking of a person’s property, whereas burglary just requires the intent to take a …
The Ambien defense is a legal defense to charges of driving under the influence of drugs (DUID). The defense is largely based on the fact that some prescription drugs and sleeping medications (such as Ambien) can put a person in a trance similar to sleepwalking. When this happens and a person is driving it is …
Some states have laws that require employers to reimburse employees for the costs of necessary job expenses. This includes the business use of an employee’s personal cell phone. While there is no federal law that requires this work expense reimbursement, some employers voluntarily provide it in states where it is not required. What is the …
In most jurisdictions, solicitation of a minor is a criminal offense where a person engages in a conversation with a minor, and during that conversation, solicits or asks the minor to meet up to partake in a sexual act. The crime is sometimes referred to as “meeting with a minor for lewd purposes.” If a …
California Labor Code 2802 is the law that requires employers to reimburse their employees for the reasonably necessary expenses that they incur in order to do their job. If they do not reimburse these employee expenses, they can face a wage and hour lawsuit. The statute allows employees to recover attorneys’ fees, in addition to …
While federal law does not require employers to pay for work-related expenses incurred by employees while working from home, many state laws do. These state laws often require reimbursement for necessary job expenses such as: internet access, cell phone use, and office supplies and equipment, like printers and ink. Covering work-from-home expenses has become a …
There is no criminal law that specifically states that it is illegal for people to have sex in a car. However, if two people are performing a sexual act or engaging in sexual conduct in a car that is in a public area, and within public view, then they may be charged with a crime. …
A motion to quash a warrant is a request for a court to find a warrant, or part of a warrant, invalid. Quash means to nullify, void or declare invalid. The two most common types of warrants are search warrants and arrest warrants. If a search warrant is quashed evidence can be suppressed or thrown …
Car salesmen in California are not entitled to an hourly wage if they are exempt employees. Most of them are paid on a commission basis or at a “piece rate,” though some of these workers also make an hourly wage in addition to their commissioned earnings. Whether they get paid through commissions or on an …