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 …
Negligent hiring is a lawsuit that victims can file against an employer for its employee’s misconduct. Seven common examples are: a transportation company hiring someone with a bad driving record, hiring a worker with a relevant criminal record, not firing a worker after similar misconduct, failing to supervise a worker, not conducting a background check, …
Generally, a judge can deny bail if he or she thinks that you are a flight risk or a threat to public safety. However, different jurisdictions will have different approaches to bail. California, for example, lets judges deny bail only for certain types of crimes. When it comes to denying or setting bail, judges have …
“Dismissed without prejudice” is a legal term that means a case is dismissed but can still be refiled at a later point. Both civil and criminal cases can be dismissed without prejudice. The plaintiff or prosecutor can refile their civil claim or criminal charge, typically after fixing problems with the initial filing. This is different …
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 …
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 …
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 …
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 …
