Litigation Archives

What does it mean for a case to be “dismissed without prejudice”?

Posted on October 1, 2023 | Category: Criminal Defense, Litigation

Dismissed Without Prejudice: What Does it Mean?Watch this video on YouTube A case that is dismissed without prejudice can be refiled later on. The court can dismiss both civil and criminal cases without prejudice. The plaintiff or prosecutor can refile their civil claim or criminal charge, often after fixing problems with the initial filing. This is …

How long does a bench warrant last – or does it expire?

Posted on June 19, 2023 | Category: Litigation

A bench warrant (“BW”) does not expire. It remains in effect until either: you die, or the warrant gets cleared. If there is a BW out for your arrest, you can clear it by either: appearing in court before the judge, or possibly having your attorney appear in court on your behalf. If your bench …

Evidence Spoilage in California – What is it & what are my rights?

Posted on January 25, 2023 | Category: Criminal Defense, Litigation, Useful information

A man burning documents, potentially leading to evidence spoliation charges if caught.

Evidence spoilage is when a person or entity destroys or significantly alters evidence that is relevant to a pending or future civil or criminal court case. Spoilage also occurs when a person or entity fails to preserve property so that it can be used as evidence. Spoilage is often referred to as “spoliation.” Your rights …

How many people are needed for a “Class Action Lawsuit”?

Posted on December 25, 2022 | Category: Litigation, Useful information

A diverse group of people, joined together by a common cause-- a class action lawsuit.

A loved one recently suffered a personal injury from a defective product. You are seeing more and more similar cases in the news. Can your loved one initiate a class action lawsuit? Or do you need a large group of people to bring one? The law does not really say that there has to be …

Negligent Hiring – When is an Employer Liable?

Posted on August 17, 2022 | Category: Employment Law, Litigation, Personal Injury, Useful information

A furious office worker smashing her laptop.

In most states, employers are generally liable under the doctrine of negligent hiring when one of their employees causes harm to a third party (for example, a customer) and the employer knew or should have known of the employee’s risk to cause harm. Employers are also liable if an employee causes injury and the employer …

When Can Bail be Denied Altogether?

Posted on March 24, 2022 | Category: Litigation

Yes. A judge can deny bail if an offense is punishable by death, if there is a parole hold, or if there is a public safety exception. The “public safety exception” allows preventive detention. It applies to certain classes of felonies and felony sexual assault offenses. If the charge is for any other offense, bail …

Do defendants have to pay public defender fees even if they are not convicted?

Posted on January 13, 2018 | Category: Litigation

Defendants in California can no longer be required to “pay back” public defender fees unless they ultimately get convicted in the case. Senate Bill 355 stops courts from ordering that exonerated defendants repay public defender or court-appointed counsel regardless of the outcome at trial. Of course, defendants are contractually-bound to pay private attorneys under the terms …

What Happens at an Arraignment Hearing?

Posted on June 17, 2015 | Category: Litigation

If you have been charged with a crime, you will be required to attend an arraignment hearing as part of the court process. At this hearing, the defendant will be advised of the charges against them and enter a plea. At this point, the judge will also decide the conditions of their release. This hearing …

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