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A “MIP charge” refers to the criminal charge of “minor in possession.” Most states say that you commit this offense if you are under 21 years of age and you possess an alcoholic beverage or marijuana in public. In most jurisdictions, a MIP conviction is a misdemeanor that can potentially stay on your criminal record …
If you fail a drug test while on misdemeanor probation, the most common happenings include: a warning, community service, rehabilitation, counseling, modification of probation conditions or probation revocation, and jail time. In cases involving probation modification or revocation, a judge will likely hold a probation revocation hearing to determine that you did in fact violate …
You can sue a homeowner’s association (HOA) for negligence if it fails to uphold its legal obligations and you suffer losses as a result. This often happens if the HOA does not adequately maintain common areas and you get injured. The written rules and covenants of the HOA determine its specific obligations and legal duties. …
The castle doctrine is a doctrine of self-defense law in many states that says you can legally use force, including sometimes deadly force, to defend yourself at home from hostile intruders. By contrast, stand your ground is a doctrine of self-defense law in some states that is even broader than the castle doctrine. It says …
Most states say that it is a crime if you hit and damage a parked car and then leave the accident scene without providing the other party with your information. Prosecutors typically charge the offense as a misdemeanor. Depending on the facts of the case, and the state in which you are charged, penalties may …
The term “queen for a day” in the legal context refers to a written agreement between federal prosecutors and a person suspected of a crime. Under the agreement, you agree to tell the government about your knowledge of criminal activity, and in turn, the prosecutor agrees not to use your statements against you in any …
Personal injury protection insurance (PIP) is a type of car insurance. It covers your medical bills, lost wages, and funeral costs after a car accident, regardless of who was at fault. It also covers anyone else in your vehicle. It does not provide liability coverage, or cover property damage. There are also exceptions for when …
The term mitigate damages refers to a doctrine most common in tort and contract law that a plaintiff’s monetary recovery (stemming from an injury or a breach of contract) can be reduced by the extent to which the plaintiff could have taken reasonable steps to avoid or “mitigate” his or her damages. The doctrine of …
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. There can be other penalties for a conviction as well, such as probation, …
Accidental homicide is where you kill someone in the course of a lawful act that is done with a reasonable belief that no harm will take place. Most jurisdictions say that an accidental killing is not a crime. However, you could face criminal charges if you killed someone on accident while performing an unlawful or …
After using a settlement formula to calculate your damages, you should generally ask for a settlement that is up to two or three as high as the formula’s results. This request is made in your demand letter. This letter is the beginning of settlement negotiations. By asking for more than what you are likely owed, …
After an 18-wheeler accident, victims can expect the trucking company and its insurer to try to settle the case. These parties will try to downplay the victim’s injuries and exaggerate the victim’s role in causing the crash. As evidence is uncovered, settlement talks will heat up. While most accident cases settle out of court, a …
Medical liens get paid out of a personal injury settlement or judgment. When accident victims are unable to pay for the costs of their care, some healthcare providers may choose to provide that care in exchange for a medical lien. They then recover the costs of that medical care from the defendant if the victim’s …
Wrongful death settlements can be paid out either as a lump sum or in a structured settlement. Lump-sum settlements are paid out all at once. Structured settlements provide regular payments to the deceased’s loved ones over time. The parties to the lawsuit have to agree on how the settlement is paid. With exceptions, the settlement …
You generally cannot appeal a conviction stemming from a plea of guilty or no contest. But you can make a motion to withdraw a guilty plea or no contest plea. If a judge grants the motion, you are then given the chance to withdraw the prior plea and substitute it with a plea of not …
The answers to the top 5 questions about settlement agreements are: yes, signing the agreement generally ends your case, once executed, the agreement is generally final, yes, you can negotiate the terms in the agreement, the money can be paid in a structured settlement or in a lump sum, and yes, courts can enforce 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 …
The top 3 legal defenses to arson charges are for you to show that: you did not act with criminal intent, the fire was started by something other than arson, and you were falsely accused. The criminal laws of most states say that you commit the crime of arson if you intentionally and willfully set …
In general, a defendant in a criminal court proceeding should not talk to a witness. This is because: the judge usually orders the defendant not to have contact with any witnesses, and speaking with a witness could lead to charges of intimidating or dissuading a witness, any statements a defendant makes to a third party …
Your workers’ compensation payments are generally not taxable at the federal or state level. However, a portion may be taxed if you are also receiving Social Security Disability Insurance (SSDI), of if you deducted any medical expenses that you paid. Any retirement benefits you receive are also taxable, even if you only retired because you …
The 5 most typical consequences of a misdemeanor conviction are: a fine, jail time, misdemeanor probation, possible loss of gun rights, and negative employment consequences. Most states define a “misdemeanor” as a crime for which the maximum sentence is no more than one year in county jail. A misdemeanor is a less serious crime than …
The reasonable person standard works by comparing an allegedly negligent party’s conduct to what a hypothetical reasonable person would have done in the same or similar circumstances. If a defendant fails to act like an objectively reasonable person would have, it can amount to a breach of hir or her duty of care towards you …
Under the law in most states, misdemeanor manslaughter consists of killing someone in the commission of a non-felony offense, or in the commission of a misdemeanor. Misdemeanor manslaughter is sometimes referred to as “constructive manslaughter” or “unlawful act manslaughter.” The crime is a form of involuntary manslaughter, which is the offense whereby you cause the death …
The term workplace retaliation refers to a scenario in which an employer takes adverse action against an employee because the worker exercised a right or engaged in a legally protected activity. Victims of retaliation can file a complaint with the labor commission and may be able to file a civil lawsuit seeking money damages. Five …
Concussion settlement amounts can be for as little as around $20,000 or as much as more than $500,000. The amount will mainly depend on the severity of the concussion. Those that cause traumatic brain injuries (TBIs) require far more compensation than those that have few complications. The type of claim can also impact the expected …