California Blog

How Much is a Workers’ Compensation Settlement for a Herniated Disc in California?

Posted on | Category: Uncategorized

The average workers’ compensation settlement for a herniated disc in California can range between $40,000 to $80,000. There are cases, though, where the settlement award can be much greater. Note that no two herniated disc cases are exactly alike. This means workers’ comp settlements for these injuries will vary depending on such factors as: the …

Do I have to tell a sexual partner that I am HIV-positive in California?

Posted on | Category: Laws

Thanks to California Senate Bill 329, as of January 1, 2017, it is no longer a felony for people who are HIV-positive to have unprotected sex and not disclose their status. SB 329 also automatically vacated prior convictions related to: Non-disclosure of HIV status (former Penal Code 647f), and/or Felony prostitution convictions based on HIV status. …

What is Lewd and Lascivious Conduct?

Posted on | Category: Criminal Defense

What is Lewd and Lascivious Conduct?

Lewd and lascivious conduct is defined as a sexual act that is offensive to community standards of decency. It often involves a child. Physical penetration is not necessary. It is a type of sex crime. It is often charged as a felony sex offense. One example of this kind of conduct is intentionally groping a minor. …

Your physician is required to inform the DMV if you have been diagnosed with…

Posted on | Category: Uncategorized

Most states require physicians to inform the DMV when they diagnose a patient with any medical or mental condition that may affect the person’s ability to drive safely. Some common conditions that may impact a person’s ability to drive safely include: lapse of consciousness Alzheimer’s disease, cataracts, dementia, diabetes, and macular degeneration. These conditions are …

Does Uninsured Motorist Insurance Cover Punitive Damages?

Posted on | Category: Personal Injury

Most state laws prohibit uninsured motorist insurance (“UM”) from covering punitive damages. Some states, however, do allow for it. Punitive damages are awarded to penalize the at-fault party in an auto accident and to deter similar blameworthy conduct. These damages are sometimes referred to as “exemplary damages.” Underinsured motorist coverage (UIM) is different than UM …

Does California follow the Castle doctrine? (Penal Code 198.5)

Posted on | Category: Penal Code

Under Penal Code 198.5 PC, California law follows the legal maxim known as Castle doctrine. This means there is no duty to retreat if a resident confronts an intruder inside his or her own home. Residents are permitted to use force against intruders who break into their homes, or who try to force their way in. …

What felonies cannot be expunged?

Posted on | Category: Felony

Many felonies cannot be expunged. Each state has its own rules. Some states will not expunge any felonies. Others will expunge most of the offenses. Some felonies are almost never eligible for expungement. These generally include murder, serious violent crimes, and sex crimes involving children. In many cases, there is a waiting period to expunge …

What is CLETS? A Guide to the California Law Enforcement Telecommunications System

Posted on | Category: Uncategorized

“CLETS” is an acronym for the California Law Enforcement Telecommunications System. This is a computer network that gives police departments access to national databases maintained by the Federal Bureau of Investigation (FBI), the Department of Motor Vehicles (DMV), the State of Oregon, and others. The system also provides law enforcement agencies with the capability to …

Is Murder a Federal Crime?

Posted on | Category: Murder

Generally, the crime of murder is prosecuted in state courts as a state crime. But murder becomes a federal crime when it occurs in the violation of federal law or on federal land or territory.  Examples of when this occurs include when a murder is of a federal judge or a federal law enforcement official …

What is a Franks Motion and Hearing?

Posted on | Category: Warrant

A Franks hearing is a legal proceeding in a criminal case where the defense tries to traverse a search warrant. “Traversing” a warrant means that the defendant challenges the truth of the information that is used to support it. A “Franks motion” is the legal document given to the judge that sets forth the defendant’s …

Comparing Nevada and California Burglary Laws

Posted on | Category: Burglary

The basic definition of burglary is the same in California and Nevada: entering a structure or vehicle intending to commit certain crimes once inside. In Penal Code 459 PC, California burglary law draws a distinction between first-degree residential burglary, and second-degree commercial burglary. Burglarizing a home can land someone in California Prison for six years, …

Is It Illegal to Own a Fake Police Badge?

Posted on | Category: Laws

In most cases, merely owning a counterfeit law enforcement badge – or other counterfeit law enforcement identification, such as certificates and insignias – is not a crime. But be careful. Using a fake police badge in certain ways could lead to charges of impersonating a police officer under California Penal Code 538d. This misdemeanor crime …

Four Kinds of Restraining Orders in Los Angeles County

Posted on | Category: Laws

Restraining orders are issued when someone petitions a California court to restrain the behavior of another for safety and security reasons. Restraining orders can be issued on an emergency, temporary or permanent basis. Permanent restraining orders can be issued for up to one to five years, so it is wise for defendants to consult with …

Is there such a thing as aiding and abetting a DUI?

Posted on | Category: DUI

In California, you can be convicted of aiding and abetting anytime you encourage, facilitate or aid another person in the commission of a crime regardless of how insignificant your role. But aiding and abetting is not a crime unto itself. When the prosecutor believes that you are guilty of aiding and abetting a crime, he/she …

What Are the Penalties for a Sacramento County Rape Conviction?

Posted on | Category: Rape

What Are the Penalties for a Sacramento County Rape Conviction?

If you are charged with and convicted of rape in Sacramento County, you could be looking at a lifetime of serious consequences that go far beyond just prison time. Rape, as one would expect, is treated as one of the most serious crimes under California law and crimes involving rape and sexual assault are vigorously …

What Happens After an Arrest in San Bernardino County?

Posted on | Category: DUI

Knowing what to expect after an arrest in San Bernardino County can help make the criminal legal process a little easier. Here is what happens after you have been arrested. Once you have been arrested, you will be taken to the police station to be fingerprinted and photographed.  You have a right to remain silent, …

How long can the prosecution wait to bring me to trial in California?

Posted on | Category: Prostitution

You have the right to a speedy trial in your criminal case under both the Sixth Amendment to the U.S. Constitution and Article I, Section 15, of the California Constitution. If this right is violated, you and your attorney can file a Serna motion (aka a speedy trial motion) asking the judge to dismiss the charges. …

What Are the Penalties for a First DUI Offense in California?

Posted on | Category: DUI

Getting a DUI is an unpleasant experience, to say the least. Most people think that if they have been cited for a DUI, they are basically doomed. This is not always the case. There are many factors that can affect a DUI charge. With the help of qualified legal counsel, it is possible to sometimes …

When is a California DUI treated as a “wobbler”?

Posted on | Category: DUI

Most cases of driving under the influence in California are prosecuted as misdemeanors. However, if you suffer your fourth or subsequent DUI within a ten-year period or injure another person as the result of driving under the influence, then the prosecutor has the discretion to charge the offense as either a misdemeanor or a felony. …

Penal Code 24310 PC – Are Camouflaging Firearm Containers Illegal in California?

Posted on | Category: Gun Laws

Penal Code 24310 PC – Are Camouflaging Firearm Containers Illegal in California?

Under California Penal Code 24310, the following acts are illegal in California when it comes to camouflaging firearm containers: Manufacture, Import into the State of California, Keep for sale, Offer for sale, Give, Lend, and/or Possess A camouflaging firearm container is an object that holds a gun, but nonetheless, does not look like it contains …

Penal Code 24610 PC – What is an Undetectable Firearm and is it Illegal in California?

Posted on | Category: Laws

Penal Code 24610 PC – What is an Undetectable Firearm and is it Illegal in California?

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 …

Four Ways “Road Rage” Can Get You Charged With a Crime in California

Posted on | Category: Road Rage

If you let your anger and frustration get the best of you while behind the wheel and you get into a “road rage” incident with another driver in California, you may find yourself cooling off behind bars. “Road rage” can get you charged with a number of possible crimes in Los Angeles. Broadly defined, “road …

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