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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. 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 …
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 …
While robbery occurs when a person takes someone else’s property by force or fear, a person commits burglary by 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, whereas burglary just requires the intent to take 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 …
Direct evidence is defined as evidence that directly proves a key fact at issue. Indirect evidence, also referred to as circumstantial evidence, is a fact or set of facts that, if true, allow a person can infer the fact at issue. An example of direct evidence (in a murder case) is a witness testifying that …
A person has to be 18 years or older to get a tattoo in California. In fact, it is a crime if a person “inks” someone under the age of 18. Penal Code 653 PC is the California statute that makes it a criminal offense for a person to tattoo, or to offer to tattoo, …
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 …
Violating a restraining order does stay on a person’s record in California. 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 as either a misdemeanor or a felony, depending on the …
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 instructions recognize the right of a person to use force in self-defense without …
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, …
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 …
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 …
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 …
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 …
Senate Bill 1129 was signed into law by Gov. Brown in September 2018. The bill applies to divorce proceedings and it has two main impacts on California’s divorce laws. These are: it prohibits spousal support to those spouses convicted of a violent sexual felony or a domestic violence felony, when the acts were committed against …
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 …
In some felony cases it may be beneficial for the accused to waive the preliminary hearing. (See Penal Code 860). Although unusual, some reasons to give up the right to a preliminary examination include: it avoids preserving testimony of witnesses (especially reluctant ones), bail status might be affected if evidence shows the crime to be …
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 induced them to trespass. Objects that might cause this trespassing include a: swimming pool, pond, or trampoline. While there are no longer special instructions for …
A student can be suspended or expelled for threatening to physically harm another person during school or a school activity. A student can also be suspended or expelled if he or she makes a terroristic threat against a school official or school property, even after school hours. Students are engaged in school or school activities …
A spring assisted knife is legal 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 blade, or …