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There is no state employment law in California that defines part-time work as being less than a certain number of hours. Instead, it is up to the employer to define what “part-time” means. The Labor Market Information Division of the California Employment Development Department defines part-time work as less than 35 work hours.1 This definition, …
Mitigating circumstances are facts surrounding a crime that work to reduce your culpability or overall responsibility for committing an offense.1 You present mitigating circumstances during a misdemeanor and felony sentencing hearing to persuade the judge to grant a more lenient sentence. Ten examples of mitigating factors include: You only played a minor role in the …
In preparing for a DMV hearing, you should do the following: Finalize your legal defense. Organize your evidence and submit declaration on time. Issue subpoenas and expect to enforce them. Review the DMV’s evidence. Write down your arguments. At the conclusion of the hearing, the hearing officer can: decide to suspend your driver’s license based …
What is a "No Contest" plea? Is it different from a "Guilty" plea?Watch this video on YouTube The terms “guilty plea” and a “no contest plea” are often used interchangeably. But each can have different implications if you plead to a criminal charge. Pleading guilty means you admit that you committed the crime. Pleading no …
Manslaughter vs Murder: What's the Difference?Watch this video on YouTube Murder is killing with malice aforethought. Malice aforethought is specifically intending to kill the victim (such as lying in wait), or acting with a conscious disregard for human life with no particular intent to kill anyone (such as playing Russian Roulette). If there is no …
Assault vs. Battery — "What's the difference?"Watch this video on YouTube Assault involves the threat of force or harm while battery involves actually inflicting physical force or harm. Both crimes are typically charged as misdemeanors punishable by jail time and fines. If deadly weapons or serious injuries were involved, then assault and battery get prosecuted …
Tip pooling is legal in California so long as the pool does not include managers who have the authority to hire or fire employees, unless those managers do the same work as the employees in the tip pool. Funds in the tip pool have to be distributed fairly and according to a set formula. What are …
Personal injury protection insurance (PIP) is a type of no-fault car insurance available in 21 states but not in California. Instead, California drivers can purchase MedPay, an optional no-fault insurance policy which: covers the accident-related medical bills and funeral costs of you and your passengers (like PIP insurance), but does not cover lost wages (unlike …
Petty larceny (sometimes called petty theft) is generally defined as stealing someone else’s property when the value of the property is below a certain threshold amount (such as below $500.00). The 5 best defenses to a petty larceny charge are to show that: you actually own the property that was allegedly stolen, you acted with …
California law does not require employers to provide you paid days off for holidays or a special premium rate for working on holidays. However, many employers choose to do so. If holiday pay is promised in your employment contract, your employer is then contractually obligated to follow through on that promise. Do California employers have …
You will get your bail money back if you paid cash bail and made all your required court appearances. You will not get your bail money back if you paid cash bail and missed a court date. You also will not get any money back if you posted bail by means of a bail bond. …
Corpus delicti in Latin means “body of the crime.” This is the common law concept taught to every first year law student that no court may convict a defendant without sufficient proof – independent of the defendant’s own confession or admission- that the crime in fact occurred . In a theft case, stolen property is …
Dismissed Without Prejudice: What Does it Mean?Watch this video on YouTube When a court dismisses a criminal case without prejudice, the prosecutor has the option of re-filing the charges later on. When a court dismisses a civil case without prejudice, the plaintiff is free to re-file the case later on after fixing any errors in …
Under California state law, restaurant “service charges” are the property of the employer. Employers can keep them for themselves, though they are allowed to pass them on to their staff to supplement their wages.1 However, various California cities have passed ordinances that require restaurant owners to pass on all service charge payments to their staff. …
If you win your DMV hearing, the hearing officer will set aside the action. This restores your driving privileges. Winning an admin per se (APS) hearing following a California DUI allows you to keep your license pending the result of the criminal trial (assuming there are no other bars to you being able to drive.) …
A manslaughter sentence can carry over a decade in prison. Each state has its own criminal laws dealing with manslaughter. There are also several different levels of manslaughter offenses. The sentence will depend on the state and the specific level of offense. Here are five key things to know about manslaughter penalties: Manslaughter is a …
Robbery vs Burglary: What's the Difference?Watch this video on YouTube Robbery and burglary are related but different crimes. Robbery occurs when a person takes someone else’s property by force or fear. Burglary, by contrast, is entering a structure with the intent to steal or to commit another crime inside of the structure. What is robbery? …
A hung jury is when the jurors in a criminal or civil trial cannot reach an agreement as to the verdict. Most jurisdictions require a unanimous jury decision for verdicts. This means all jurors have to agree on guilt or innocence to render a trial complete. If there is a hung jury in a case, then …
Playlist: Preliminary HearingsWatch this playlist on YouTube During a preliminary hearing, the prosecutor presents evidence (which can be witnesses, documents and physical evidence) that the defendant committed the charged crimes. The purpose of the proceeding is for the judge to determine if there is sufficient evidence to bind the defendant over to stand trial. The …
Most jurisdictions say that you are an accessory after the fact if you knowingly help a criminal escape justice after that person has committed an offense. “Help” usually takes the form of knowingly harboring, concealing, or aiding a criminal so that he/she can avoid prosecution or punishment. Depending on the facts of the case, a …
Some examples of misdemeanors include assault, shoplifting, and petty theft. These are all criminal offenses that are more severe than an infraction, but less severe than a felony. Misdemeanors carry up to 1 year in county jail and $1,000 in fines. In California, some offenses, called wobblers, can be prosecuted as a misdemeanor, or as …
It depends on the insurer. Many workers’ comp insurance carriers will only offer a lump sum settlement if you resign. They claim that letting you return to work would mean that the insurer may have to pay for another workplace injury that is already covered by the settlement. To return to work, you often have …
LEGAL ANALYSIS: What is "Oral Copulation"? When is it illegal?Watch this video on YouTube Oral copulation is the act more commonly referred to as oral sex. For legal purposes, it is defined as any sexual contact between one person’s mouth and another person’s genitals or anus. Oral copulation is perfectly legal when done in private …
Certain types of personal injury cases (such as car accidents) fall under negligence law, while others (such as product liability claims) fall under the law of strict liability. The difference between the two rests in whether the defendant can be held liable even without being at fault. In negligence cases, you have to show that …
A drug diversion program works by removing or “diverting” first-time, low-level drug defendants from the criminal justice system. These defendants are ordered to complete a rehabilitation program. If successful, the charges are dropped, dismissed, or sealed. If you fail to complete the program, however, the prosecution resumes and often goes straight to the sentencing phase. …