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The statute of limitations or window of time in which a person can bring a PAGA claim is generally 1 year from the date of the last labor violation on which the claim is based. The Private Attorney General Act lets California workers file lawsuits against their employers for violating labor laws. To do so, the workers have …
The gun laws of most states say that if you carry a concealed weapon without a permit, then a prosecutor can charge you with either: a misdemeanor, a felony, nothing if you are exempt under your state’s concealed carry laws, or nothing if you are a resident of a “Constitutional Carry” state. Most state laws …
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 …
California law requires a person to 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 criminal offense to “ink” or administer a tattoo to a minor under the age of 18. A violation of this code section is charged …
Accessory to murder is a criminal offense whereby the perpetrator helps or assists a perpetrator 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 …
Robbery vs Burglary: What's the Difference?Watch this video on YouTube 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 …
A new California law limits the duration minors can be placed in solitary confinement. Minors in juvenile detention centers can only be held in solitary confinement for up to 4 (four) hours, absent special circumstances. On January 1, 2018, the California State Legislature enacted specific guidelines concerning minors in solitary confinement in a juvenile detention …
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 …
Implied consent law is a maxim of state law saying that you are deemed to have consented to a breath test or blood test to measure your BAC if the police properly arrest you for driving under the influence (DUI/DWI). The purpose of this law is to help police officers measure your blood alcohol content …
Ten common examples of federal offenses include: tax evasion, counterfeiting, money laundering, murder, immigration-related offenses, felon in possession of a firearm, drug possession, drug crimes involving the intent to distribute, treason, and child pornography. Federal crimes are those offenses that violate U.S. federal criminal laws. Federal courts also have jurisdiction over crimes that allegedly take …
California no longer has an “attractive nuisance” doctrine. This doctrine essentially makes property owners liable to injured children who have trespassed onto their property to explore something that could reasonably have induced them to trespass. Objects that might cause this trespassing include a: swimming pool, pond, or trampoline. While there are no longer special instructions …
California law states that a person may not carry a concealed firearm in public unless he obtains a valid Carry Concealed Weapon (CCW) license. Assembly Bill 2103 was signed into law by Gov. Brown in September 2018. It imposes two requirements that a person must meet before he can receive a CCW license. These requirements …
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 …
In California, the term “financial responsibility law” refers to the requirement that motorists carry proof of their ability to cover damages they may inflict in the event of a traffic accident. This usually means proof of auto insurance. The law is largely found in Vehicle Code Sections 1600-16078 VC and is sometimes referred to as “California’s Compulsory …
Pretrial Assessment Services (PAS) is a division of the California criminal courts that determines whether newly-arrested defendants should remain in jail or get released on their own recognizance (OR) while awaiting trial. PAS conducts “pretrial risk assessments” of newly-arrested people to determine whether they are at a low-, medium-, or high risk of: hurting someone …
Police can seize a person’s cell phone when they have a search warrant, if you were doing something illegal with the cell phone, or if the cell phone contains evidence. 1. When does Nevada law permit officers to seize a person’s cell phone? There are three main circumstances under which law enforcement may seize your …
Maybe. It depends on the particular facts of the case. 1. How does California law define the “marital privilege”? The “marital privilege” (also known as the “spousal privilege”) is one of the more complicated California evidentiary privileges. This is because the privilege actually consists of two privileges. These are: the spousal testimonial privilege, and the …
We all know the police generally must get a search warrant before they can search someone’s home and seize property. But do law enforcement personnel have to obtain a court order for a wiretap? If so, when is an order granted? 1. When can the police obtain a search warrant? In general, police can obtain …
One of the most common questions DUI clients ask me is, “What if they didn’t read me my rights?” Unfortunately, police are generally not required to read Miranda rights at a roadside DUI investigation. This is why it is so important for people under arrest for DUI to invoke their right to remain silent. 1. Is lying …
Suppose you wish to appeal your California state conviction. In that case, you file your appeal in either the Appellate Division of the Superior Court or the California Court of Appeal and then, if necessary, with the Supreme Court of California. However, if you wish to appeal your California federal conviction, you would file a California …
The courts have generally upheld California’s Three Strikes Law as constitutional. However, there are times when its application constitutes “cruel and unusual” punishment which is unconstitutional. Fortunately, when this is the case, the law provides a remedy. The remedy is to appeal a California “three strikes” sentence. What is California’s three-strikes law? California’s “three strikes” …
Persons detained by the police for suspected criminal activity should never give a statement. Whether you are being detained for a simple traffic violation or for a serious crime, do not make a statement. You should always invoke your right to remain silent. 1. Do the police always have to read people their Miranda rights? …
People who get pulled over on suspicions of driving under the influence have the right to remain silent. This right means you do not have to answer an officer’s questions. If you do, however, make sure you tell the truth. A lie can expose you to further criminal charges. 1. What are some common scenarios …
Illegal fireworks are very dangerous in Nevada. Often small misfires can result in burns, brush fires, and even house fires. And Las Vegas’s dry, windy desert climate can turn a small fire into a massive disaster in a matter of seconds. 1. What is Nevada’s law on illegal fireworks? Nevada fireworks law makes it a …
In law, we frequently refer to the term “burden of proof.” This legal term refers to how much proof the prosecutor or plaintiff needs before he/she can obtain a ruling against the defendant. Two of the most common “burdens” are “preponderance of the evidence” and “beyond a reasonable doubt.” 1. What is the “preponderance of …