Maybe you were arrested for DUI in California. One of the arresting officers made a comment that you may get probation. Isn’t probation the same as parole? If not, how do they differ? In this article I discuss everything you need to know about probation, parole, and how they are similar and different. You can …
If your criminal case is dismissed “without prejudice” in California, you will probably breathe a big sigh of relief. But you may not be totally out of the woods yet. A dismissal without prejudice means that while your case has been dismissed, the prosecutor can still refile the charges against you – but only within …
In California, transporting a controlled substance is a crime defined as knowingly moving a usable amount of the drug for its eventual sale. Doing so is a felony punishable by up to 9 years in prison, and even longer if it is a large quantity. You do not have to move the drug a significant …
If you know that you have been falsely accused of a sex crime, you should: get an experienced criminal defense lawyer, understand the allegations being made, gather evidence of the alleged incident, and prepare a legal defense. You should NOT ignore the claims simply because you know they are wrong. You should also avoid contact …
In California, pedestrians have legal rights. These include protections while they are in a crosswalk and the right to due care from drivers. Drivers who violate these rights and hurt a pedestrian can be held liable for the victim’s injuries. Pedestrians also have legal obligations. Violating those obligations can make the pedestrian liable or partially responsible …
In California, the difference between petty theft and grand theft is typically whether the value of the stolen property is worth more or less than $950. If the value is $950 or less, then it is petty theft. If it is over $950, then it is grand theft. It can also be grand theft to …
Personal injury protection insurance (PIP) is a type of no-fault car insurance available in 21 states but not in California. Instead, California drivers can purchase MedPay, an optional no-fault insurance policy that: covers the accident-related medical bills and funeral costs of you and your passengers (like PIP insurance), but does not cover lost wages (unlike …
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 …
A bodily injury is a physical injury to a person. Five common examples of bodily injury are: broken bones, nerve damage, pain, brain damage, and internal injuries. However, some losses are not bodily injuries. Five examples of what is not considered bodily injury are: emotional distress, property damage, loss of consortium, lost wages, and reputational …
In California, you can expunge a felony conviction by: completing the necessary expungement application forms, filing them in the court that heard your case, and appearing before a judge at the expungement hearing. Many felony convictions are eligible for expungement, though some sex crimes are not. Expungements are more difficult if you served prison time. …
The main difference between first-party insurance and third-party insurance is who gets paid by the insurer. First-party insurance pays the policyholder for his or her covered losses. Third-party insurance, also called liability insurance, pays the victim who has been hurt by the policyholder’s negligence. Nearly all states require vehicle owners to carry at least some …
Most state laws prohibit uninsured motorist insurance (“UM”) from covering punitive damages. Some states, however, do allow for it. Punitive damages are awarded to penalize the at-fault party in an auto accident and to deter similar blameworthy conduct. These damages are sometimes referred to as “exemplary damages.” Underinsured motorist coverage (UIM) is different than UM …
The difference between an uninsured and an underinsured motorist is whether he or she has any liability insurance coverage, at all. Underinsured drivers have liability coverage that will cover some of the victim’s losses. Uninsured drivers either do not have any liability coverage, or have insurance coverage that will not cover any of the victim’s …
California law allows you to recover two types of compensatory damages in personal injury lawsuits: “Special damages” and “general damages.” Special Damages – also called economic damages – include tangible losses such as medical expenses, lost wages, and any other out-of-pocket expenses incurred from the injury. General damages – also called non-economic damages – comprise …
California law provides several options for drivers who are hit by an underinsured or uninsured driver who was under the influence of alcohol or drugs at the time. They include: Suing the DUI driver; Suing a liable third party, if any; and/or If the injured driver has such coverage, making a claim under the injured …
You may have heard of people being hit with California felony penalties for shoplifting items from a store–and may have wondered if this can really happen. The quick answer is: it is possible for someone to be charged with a felony for shoplifting. But it is now more difficult for prosecutors to charge a shoplifter …
In California, the service hour rules that commercial drivers have to follow depend on whether their route is interstate or intrastate and what they are carrying. If you are engaged in interstate commerce or are carrying hazardous waste, you have to follow federal hours of service rules. Otherwise, you have to follow the rules issued …
The pain and suffering multiplier is a way to estimate what a fair settlement offer would be in a personal injury case. It adds up your economic damages and then uses a multiplier between 1 and 5 to estimate your noneconomic damages. The result can drive settlement negotiations in your case. Economic versus noneconomic damages …
Ten common injuries from falling down stairs are: broken legs or ankles, arm injuries, broken or fractured hands, traumatic brain injuries (TBIs), spinal injuries, broken ribs, nerve damage, soft tissue injuries, including whiplash, knee injuries, and cuts and bruises. Victims can often recover compensation in a personal injury claim based on premises liability. 1. Broken …
In California, a “motion to stay sentence pending appeal” asks the trial court to delay the sentence while the defendant appeals their criminal case. If the judge grants the motion, the imposition of the sentence will be temporarily paused until the appellate court rules on the appeal. What it would do If successful, a motion …
In some cases yes, it can be a good idea to waive your right to a jury trial. If you choose to do so, the judge would hear the evidence and issue the verdict at your trial, rather than a jury. This is known as a bench trial. Discussing this option with your defense lawyer …
Yes, misdemeanor cases can go to trial. The vast majority of them, however, are resolved without a trial, mainly through plea bargains or dropped charges. Some studies have found that over 90 percent of all criminal cases are resolved without a trial. This percentage is likely even higher for misdemeanors. Most criminal cases end without …
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 …
If a victim or witness refuses to testify, the judge can hold them in contempt of court. This is a misdemeanor offense that carries fines and up to 6 months in jail in California. The judge can also fine them or detain them until they comply. However, victims of domestic violence or sexual crimes cannot …
Even though California is an at-will employment state, there are scenarios where it is unlawful for employers to terminate you. Nine common examples of wrongful termination in California are when you get fired for: a discriminatory reason, blowing the whistle on misconduct, filing a workers’ compensation claim, enduring a hostile work environment, demanding unpaid wages …
