California Blog

5 key things to know about California’s payroll laws are that they apply to all non-exempt workers, forbid work off the clock, require meal or rest breaks, set the minimum wage, and make employers pay most discharged workers at the time of termination. Together, these laws are very friendly for workers. Violations can lead to …

House arrest is different from jail in that a defendant or inmate would be confined at home, rather than in a state prison or county jail. Both types of confinement can be used for pre-trial or pre-sentencing, or as a prison term. While house arrest is less confining, the rules are strict. Not everyone is …

Yes, blackmail can be a criminal offense. It is the crime of threatening to release certain private information, unless the victim meets specific demands. In many states, it is called extortion or theft by coercion. It is generally a felony that can carry over a year in prison for a conviction. What is blackmail? Generally, …

The main difference between a Bivens lawsuit and a claim under 42 U.S.C. 1983 is that a Bivens claim covers the federal government and its agents. 1983 claims cover local or state officials or agencies. Bivens lawsuits are also limited to constitutional violations, rather than violations of state or federal law, and cannot be filed …

In California, cite and release is the practice of issuing a citation for suspected unlawful conduct, but not bringing the suspect to jail for a formal booking. Instead, suspects are released on the condition that they make a signed promise show up to court, later on. The process is used mainly for low-level offenses, such …

There are several tests that measure the amount of marijuana in someone’s system. However, they are unreliable for cases of driving under the influence of drugs (DUID), largely because there is no “legal limit” for marijuana. Without a test that is similar to a breathalyzer for drunk driving, police still have to use faulty drug …

After a search warrant has been executed, law enforcement generally has to secure the premises and notify the property owner about the search. They also have to provide an inventory of anything that was seized and return the warrant to the magistrate that issued it. Anything seized will be held in police custody until it …

10 examples of involuntary manslaughter are killing someone else by improperly prescribing drugs or unlawfully practicing medicine, accidentally discharging a firearm, forcing workers to work outside in extreme heat, not controlling a dog with a history of attacking people, performing a legal duty with criminal negligence, or an incident of vehicular manslaughter. Involuntary manslaughter is …

If a minor lies about his or her age online, the minor will likely face no repercussions. However, adults who engage in sex acts with minors who have lied about their age can still be liable for a sex crime. In many states, not knowing that someone was underage is not a defense to most …

Yes, nearly all sex offenders can get a passport. However, sex offenders who committed child sex crimes will have a unique identifier on their passports. This identifier states that the person is a sex offender. Sex offenders covered by this requirement will have their normal passport revoked and replaced with one with the identifier. The …

Registered sex offenders can travel internationally, although there may be restrictions as to where they can go. While U.S. law does not forbid them from traveling out of the country, other countries may block registered sex offenders from entering. There will also likely be notification requirements to meet, before leaving. Sex offenders may receive extra …

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 types of manslaughter offenses. The sentence will depend on the state and the specific type of offense. There are also other penalties for a conviction, like probation, community service, and …

You can find out if there is a misdemeanor on your criminal history by requesting a copy of your criminal record. You can request a copy of your criminal record from the Federal Bureau of Investigation (FBI) or the relevant agency in your state. In California, that is the California Department of Justice. A criminal …

In California, an arrest warrant for a misdemeanor offense will stay active until either the warrant is cleared, the suspect is arrested, or the suspect dies. These warrants do not simply expire. However, if the criminal statute of limitations has expired, the case potentially can get be dismissed as time-barred. In California, the statute of …

A plea bargain, or plea deal, is an agreement between the defendant and the prosecutor to resolve a criminal case. The defendant agrees to plead guilty rather than taking the case to trial. The prosecutor will often agree to reduce the charge or the penalties of the conviction. A plea deal can be struck at …

The plea bargain process is a negotiation between the prosecutor and the defendant, usually through his or her criminal defense attorney. Either side can initiate it. The process usually begins at the arraignment, and a deal can be struck any time before a jury verdict. Many plea bargains have to be approved by the judge. …

Motorists typically do not lose their driver’s license immediately after being arrested for driving under the influence (DUI). Instead, usually, the arresting officer will take the suspect’s driver’s license and issue a temporary permit. This driving permit will have an expiration date. If the driver does not successfully challenge the suspension, the permit will expire …

Some of the most common injuries from falling down stairs include sprains, strains, soft tissue injuries, broken bones and fractures, and head and neck injuries, including concussions and traumatic brain injuries. In some cases, the victim was not at fault for the stairway accident. He or she may be able to bring a stairway accident …

3 important things to know about slip and fall compensation amounts are that they can decrease if the victim was partially at fault, they aim to cover the victim’s losses, and they are often settled out of court. A skilled personal injury lawyer can help victims maximize their settlement and recover the compensation they deserve. …

Ladder accidents typically happen when the ladder is not on firm, level ground; when the climber misses the bottom rung or overreached; when the wrong type of ladder is used; or when the ladder is worn, damaged, or defective. In any of these cases, the victim can suffer significant injuries. If they were not at fault, they …

Arrest warrants do not expire. They generally remain active until recalled by the court, or until the subject of the warrant is apprehended. However, many states have criminal statutes of limitations. If the statute of limitations has expired for the crime that led to the arrest warrant, the case may be dismissed as time-barred. The charge …

California Labor Code 4850 benefits are continued salary payments to certain first responders and public safety officers who have been hurt at work and are on disability. Eligible workers continue to receive their salary for 1 year. If the worker is still disabled after a year, he or she can continue to receive normal workers’ …