Blog: Laws

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 …

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” …

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 …

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 …

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 …

People convicted of certain sex offenses in California become registered sex offenders for life. They must register with their local police department(s) every time they change their residence and every year within five days of their birthday. But what if an offender forgets to register? Can he/she receive life in prison? Can the party raise …

California self-defense laws allow people to use reasonable force (and even violence) to protect themselves against an attacker. An attacker’s threats, though, must be immediate and a person must use no more force than is reasonably necessary to thwart the attack. But what if someone starts a fight? Can he claim self-defense as a legal …

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 …

Is CA a "Stand-Your-Ground" State? A former DA explainsWatch this video on YouTube Under California self-defense laws, you generally have the right to “stand your ground” and defend yourself and others without retreating. There is no state law statute that authorizes this right that there is no duty to retreat. Instead, case law and jury instructions …

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 …