In California, the statute of limitations or window of time in which you 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 you file lawsuits against your employer for violating labor laws. To do so, you have to …
If you miss a mandatory court date, a bench warrant will likely be issued. This means you can detained and brought to court for a hearing on why you failed to appear. If you cannot justify your absence, then you can also be charged with failure to appear. However, if you have a good excuse …
California’s discovery rule says that the statute of limitations for bringing a claim does not start until you discover (or should have discovered) the injury or loss. Without the rule, the statute of limitations for bringing a suit begins to run when the wrongful act giving rise to the suit took place. The statute of …
A “1275 hold” is when the court places a hold on a person’s bail because it suspects the money or collateral being used for the bail came from committing a felony (such as drug sales). The hold is called “PC 1275 hold” because Penal Code 1275.1 PC is the California statute that establishes the rules …
Accessory to Murder: 3 DefensesWatch this video on YouTube An accessory to murder is someone who helps or assists the actual perpetrator before or after the commission of the murder. Normally, the accessory is not present at the scene of the crime. In most jurisdictions, the crime is a felony offense (as opposed to a …
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 criminal offense to “ink” or administer a tattoo to a minor under the age of 18. A violation of this code section is charged …
Direct evidence is defined as evidence that directly proves a key fact at issue. Examples include: an eyewitness in a murder case who saw the actual killing security camera video showing a robbery suspect holding up the victim the defendant’s fingerprints on a knife the defendant’s forged signature on an insurance application Indirect evidence (also …
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 …
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 …
Thanks to California Senate Bill 239, it is no longer a felony to have unprotected sex and not disclose that you are HIV-positive. California law SB 239 also automatically vacated prior convictions related to: Non-disclosure of HIV status (former Penal Code 647f), and/or Felony prostitution convictions based on HIV/AIDS status. However, it is still possible to …
A police officer is authorized to arrest you without an arrest warrant when you commit an offense in the presence of the officer and when a peace officer has probable cause to believe that you committed a felony. Technically, police officers can also make a warrantless arrest if they have probable cause to believe you …
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 …
Robbery vs Burglary: What's the Difference?Watch this video on YouTube The main difference between robbery and burglary is that burglary involves entering a structure with the intent to commit a theft or some other crime. Robbery does not necessarily involve entering a structure. Instead, robbery is the crime of stealing someone else’s property by means …
Not anymore. A new state law in California was passed in 2017 that forbids the DMV from suspending your driver’s license solely for unpaid traffic tickets. However, it can suspend your license for a criminal offense of willfully failing to appear in traffic court for those tickets. When can unpaid traffic tickets lead to a …
Under California self-defense laws, you generally have the right to “stand your ground” and defend yourself and others without retreating. Under California’s self-defense law, you act in lawful self-defense or defense of others if: you reasonably believe that you, or another person, are in imminent danger of being harmed; you reasonably believe that the immediate use …
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 the DMV. Also, you can only ride the scooter up to 15 MPH and on …
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 …
In California, the term “financial responsibility law” refers to the requirement that you carry proof of your ability to cover damages you 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 called “California’s Compulsory Financial Responsibility …
California law states that a person may not carry a concealed firearm in public unless they obtain a valid Carry Concealed Weapon (CCW) license. Assembly Bill 2103 and Senate Bill 2 impose several requirements that a person must meet before they can receive a CCW license. These requirements are: Applicants for CCW permits must receive …
What are the advantages of waiving a preliminary hearing? Pros of a defendant waiving the right to a preliminary hearing include to: avoid preserving testimony by hostile witnesses that could later be used at trial, stall the examination of state witnesses in the hopes they will be unavailable to testify at trial (perhaps because they …
LEGAL ANALYSIS — The Crime of "Solicitation of a Minor" 3 Ways to Fight ChargesWatch this video on YouTube Solicitation of a minor is a criminal offense whereby 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. …
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 …
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 …
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 …
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 …
