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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 …
The delayed discovery rule in California says is the legal maxim that the statute of limitations on bringing a claim does not start running until a claimant discovers the injury or loss that forms the basis of the claim or lawsuit. Absent the rule, the statute of limitations for bringing a suit begins to run when …
There are three good excuses for defendants to assert if they fail to appear in court for their criminal case. These are that his failure to appear: was not on purpose (that is, they were unaware of the court date), was not meant as an intent to evade the court, and occurred because they never …
A police officer is authorized to arrest a person without an arrest warrant when the person commits an offense in the presence of the officer and when a peace officer has probable cause to believe that a suspect committed a felony. Technically, police officers can also make a warrantless arrest if they have probable cause …
Electric scooters are motorized devices with two wheels, handlebars and a floorboard that you stand on to rise. You can operate an e-scooter with any class of driver’s license in California. You do not need to register the device with he DMV. And you can only ride the scooter up to 15 MPH and on …
Yes, it is illegal to remove a VIN number. Doing so can violate state law. It is also a violation of federal law. There are, however, some exceptions that can apply. Under federal law, removing a VIN number is a felony offense. A conviction can carry up to: 5 years in jail, and $250,000 in …
A spring assisted knife is legal in California as long as it “opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the …
Violating a restraining order is a criminal offense that generally stays on a person’s record unless the conviction is expunged or sealed. Penal Code 273.6 PC is the California statute that makes it a crime for a person to violate the terms or conditions of a restraining order. A violation of this statute can be charged …
The statute of limitations, or window of time in which a person can bring a PAGA claim, is generally 1 year. The Private Attorney General Act lets California workers file lawsuits against their employers for violating labor laws. To do so, the workers have to follow pre-filing requirements. This all has to be done before …
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 …
Robbery and burglary are related but different crimes. Robbery occurs when a person takes someone else’s property by force or fear. Burglary is entering a structure with the intent to steal or to commit another crime inside of the structure. Robbery, then, involves the actual taking of a person’s property and the use of force …
California law requires that a person be at least 18 years of age in order legally to get a tattoo. In fact, according to Penal Code 653 PC, it is a crime to “ink” or administer a tattoo to a minor under the age of 18. A violation of this code section is charged as …
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 …
Accessory to murder is a criminal offense whereby the perpetrator helps or assists a murderer before or after the commission of the murder. Normally, the person helping in the murder is not present at the commission of the crime. In most jurisdictions, the crime is a felony offense (as opposed to a misdemeanor) that can …
No. Per Assembly Bill 103, the state cannot suspend a person’s driver’s license for unpaid traffic tickets. Note, however, that the DMV can suspend a person’s license for failing to show up in court for a ticket. Vehicle Code 40509.5 VC is the California statute that allows the state to put a hold on a …
In most jurisdictions, solicitation of a minor is a criminal offense where a person engages in a conversation with a minor, and during that conversation, solicits or asks the minor to meet up to partake in a sexual act. The crime is sometimes referred to as “meeting with a minor for lewd purposes.” If a …
In booking documents and citations, VC is an abbreviation for California Vehicle Code, PC is an abbreviation for California Penal Code, and HS is an abbreviation for California Health and Safety Code. These abbreviations and different codes are used to help police identify which California law a person is suspected of violating. For example, if …
A 1275 hold is when a hold is placed on a defendant’s bail because there is reason to believe that the money being used for the bail was generated by the commission of a felony (such as the sale of a controlled substance). The hold gets the name “PC 1275 hold” because Penal Code 1275.1 PC …
Under the law in most states, there is no difference between a protective order and a restraining order. The two terms are used interchangeably. Both are described as a court order that is designed to protect a person from: harassment, physical abuse, stalking, or threats by another person – that is specifically named in the …
Is CA a "Stand-Your-Ground" State? A former DA explainsWatch this video on YouTube Under California self-defense laws, you have the right to “stand your ground” and protect yourself without retreating under certain circumstances. There is no state law statute that authorizes this right that there is no duty to retreat. Instead, case law and jury …
Direct and indirect evidence are both considered to be valid forms of proof in civil and criminal proceedings. Direct evidence is defined as evidence that directly proves a key fact at issue. Indirect evidence, also sometimes referred to as circumstantial evidence, is a fact or set of facts that, if true, allow a person can …
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 …
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 …
Jails and prisons are supposed to release prisoners promptly once their sentence is completed. But sometimes they fail to do so. This is commonly referred to as “overdetention”. The principal remedy for over-detention is a civil lawsuit for monetary damages. If the person is still in jail, a judge can also order the jail or …
Police informants in California provide the authorities with information that leads to search warrants, wiretaps, surveillance and the solving of crimes. The types of informants can range from random citizens who are aware of criminal activity…to agents of the police who infiltrate criminal organizations and report on their activities. No doubt informants are a very …