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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 …
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 …
Depending on the facts of a given case, a victim of food poisoning can try to file a personal injury lawsuit based on a theory of negligence, product liability, or breach of warranty. A successful claim may result in a party receiving compensation for any losses incurred because of the food poisoning. This includes compensation …
If someone is charged with a felony in California, a preliminary hearing is an examination of the evidence to determine: whether a crime has been committed; and whether there is “sufficient cause” to believe the accused committed it. Sufficient cause means that after hearing the evidence, a person of ordinary caution or prudence would believe …
“Dismissed without prejudice” is a term in civil and criminal law meaning that a case is dismissed for now, but the prosecutor or the petitioner is not necessarily precluded from re-filing the case at a later point. By contrast, a case dismissed with prejudice is finally over and cannot be reopened or re-filed. In civil …
A bench warrant (“BW”) issued in California does not expire. It remains in effect until either: the subject of the warrant dies, or the warrant gets cleared. In California, a person can clear a BW by either: appearing in court before the judge, or possibly having the party’s attorney appear in court on his behalf. …
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 …