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There are 7 important traffic laws that apply to electric scooters in California. They require electric scooter, or E-scooter, riders to: 1. Wear a helmet if they are under 18 years old, 2. Ride at a maximum speed of 15 miles per hour, 3. Use bike lanes where available, 4. Ride alone, off the sidewalk, …
There is no specific law in California that makes public urination a crime. However, a person who is caught urinating in a public place could be charged with public nuisance, public intoxication or indecent exposure. The most common charge stemming from public urination is public nuisance charge under California Penal Code section 372. This section …
Kidnapping is considered aggravated kidnapping if it is committed under certain circumstances and is usually punishable by life in prison. A person is guilty of the offense of aggravated kidnapping if he or she: kidnaps for ransom, reward, or to commit extortion, kidnaps to commit robbery, rape, or other sexual offenses, kidnaps another person during …
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. The new California law SB 329 also automatically vacated prior convictions related to: Non-disclosure of HIV status (former Penal Code 647f), and/or Felony prostitution convictions …
Some examples of witness intimidation include: a defendant mails her accuser an article about witnesses who mysteriously die after testifying. a store robber tells the cashier “bad things will happen” if the police find out. a rapist offers his victim money to not report him. Under California Penal Code 136.1 PC, it is a crime …
Specific intent crimes are those where a prosecutor must prove, beyond a reasonable doubt, that the defendant intended to commit a certain harm. This means a specific intent is a necessary element of the crime itself. Examples of specific intent crimes are: burglary, forgery, and robbery. In contrast, general intent crimes are offenses where a …
Generally speaking, once a defendant pleads guilty to a criminal charge, the terms of the agreement are binding and defendants cannot reverse the plea deal just because they change their mind. However, there are three situations in which a plea bargain in criminal cases can get reversed. These are when: the criminal defendant successfully brings …
State laws throughout the United States say that handicap permit holders are the only people that can legally use them. But a person can generally use a parking placard as either a driver or a passenger. This means placard holders can use them in another car as long as they are in the car at …
About 31 states in the U.S. have laws that make it a crime for a person to leave an animal confined in a vehicle under dangerous conditions (e.g., extreme hot or cold temperatures). Some of these states include Arizona, California, Indiana, Minnesota, Nevada, and New York. Depending on the state, a violation of these laws …
An arraignment is typically the first court hearing, or a defendant’s first appearance in court, in a criminal case and it marks one of the initial stages in the pretrial process. During the hearing, the judge will inform the defendant of the charges filed against him or her and will ask how the accused pleads …
While an acquittal is a general term for a not guilty verdict, there is a subtle difference between the two terms under criminal law. Not guilty means that a defendant is not legally answerable for the criminal charge filed against him/her. An acquittal is a finding by a judge or jury that a defendant is …
Under California employment law, all employers have a legal obligation to pay employees the entire amount of wages they’ve earned and to pay these wages on time. California employees are protected to the full extent due to the state’s expansive worker’s rights, which cover various aspects of wage distribution. It does not matter whether the …
Penal Code 29.4 is the California statute that sets forth the legal defense of voluntary intoxication. This defense is asserted in criminal cases that involve a specific intent crime. It allows a defendant to introduce evidence of voluntary intoxication in order to show that the accused did not have the specific intent to commit a …
During a preliminary hearing, a prosecutor and defense attorney present evidence, to a judge, that is related to the charges in a criminal case. The purpose of a preliminary hearing is for the judge to determine if there is enough evidence to force the defendant to stand trial. The hearing is a type of mini-trial …
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 …
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. …
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 …
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 …
Under California law, a “grand jury” refers to a group of citizens who are brought together to determine whether or not charges should be brought against a potential defendant in certain criminal cases. A preliminary hearing is a proceeding held before a judge in which he/she determines whether there is enough evidence in a criminal …
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. …
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 …
“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 …
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 …
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 …
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, …