TL;DR Violating felony probation can lead to serving the suspended jail time or the maximum sentence for the original offense. Judges may also choose less severe options, such as reinstating probation or adding stricter conditions. Felony probation allows you to avoid prison if you follow rules like reporting to an officer, paying restitution, and completing …
TL;DR Key steps include staying silent, hiring an experienced defense lawyer, and gathering evidence to support your case. Avoid speaking to police, friends, or posting online, as anything you say can be used against you. Common defenses include consent, alibi, misidentification, false accusations, and lack of evidence. To beat a sexual assault charge, you …
TL;DR To expunge a misdemeanor in California, you must complete probation, file the correct paperwork, and attend a court hearing. Eligibility depends on factors like finishing probation, not facing new charges, and typically not serving time in state prison. Expungement can improve job prospects and remove many penalties, but it does not restore all rights …
TL;DR A DUI typically appears on background checks, including both convictions and sometimes arrest records. This can impact jobs, housing, and licensing, especially for roles like commercial driving. Expungement may remove a DUI from public view, but eligibility varies by state and it may still count as a prior offense. A DUI will typically …
TL;DR Arrests can stay on your record permanently unless you take legal action to have them sealed or expunged. Expungement or sealing removes the record from public view, but it may still exist in law enforcement databases or media archives. Eligibility and rules vary by state, with some allowing record removal only after meeting strict …
TL;DR Expungement rules vary by state, and many felony convictions cannot be expunged at all. Serious crimes like murder, violent offenses, and sex crimes involving children are almost never eligible for expungement. Even when allowed, expungement usually requires meeting strict conditions like waiting periods, completing sentences, and maintaining a clean record. Many felonies cannot …
TL;DR A California DUI conviction can trigger a driver’s license suspension, and reinstatement usually comes after the suspension period is complete. License reinstatement requires completing DUI school, filing Form SR-22 proof of financial responsibility, and paying the DMV reissue fee. A DMV hearing challenges a proposed suspension, while license reinstatement restores driving privileges after the …
TL;DR Sex offenders typically must register within a few days of release or sentencing and update their information annually. Registration requirements vary by state and offense, ranging from 10 years to lifetime registration. Failing to register is a separate criminal offense that can lead to prison time and other penalties. People required to register …
TL;DR Possession with intent to distribute is more serious than simple possession because prosecutors must prove you had the drugs and intended to sell or distribute them. Prosecutors prove intent through direct evidence, such as statements or undercover sales, or circumstantial evidence, such as packaging, scales, large quantities, cash, or weapons. Defense strategies may challenge …
What is the average wrongful termination settlement in California?Watch this video on YouTube Workers who prevail in a wrongful termination claim often receive compensation ranging from $5,000 to $100,000. However, each case is different. There is no single “average” wrongful termination. Numerous factors can change how much a particular case is worth. Of particular significance is your salary before …
Workplace Investigation — What Are My Rights as an Employee? Top California Labor Lawyer ExplainsWatch this video on YouTube As employees, you have rights during a workplace/human resources investigation. These can be especially strong if you are a public employee or have a collective bargaining agreement. Regardless, your employer must follow company policies during the …
TL;DR Some gambling is legal in California, including the state lottery, tribal casinos, licensed card rooms, charitable bingo and raffles, and horse race betting. California Penal Code 330 prohibits specific named games, banking games, and percentage games. Social poker games can be legal when they are not run for profit and do not involve prohibited …
Workers may be entitled to receive compensation for any unused vacation time after they quit. In some states, workers forfeit their unused paid time off (PTO) when they separate from the company. In other states, including California, employers must pay out any unused vacation time immediately upon termination. Many companies, however, maintain a policy of …
TL;DR Road rage is not a standalone California crime, but aggressive driving can lead to criminal charges when the behavior is reckless, threatening, or violent. Road rage incidents can trigger charges such as reckless driving, assault, assault with a deadly weapon, or battery, depending on what happened. The California DMV can suspend a driver’s license …
In California, your commission agreement controls when, or even whether, an employer is required to provide earned commission pay after your termination. Many California employers use forfeiture provisions that require you to be currently employed to receive your commission. Therefore, if you are terminated before you receive your commission, you forfeit it. If your commission …
TL;DR A Ramey warrant is a California arrest warrant issued before prosecutors file formal criminal charges. Police request Ramey warrants when a fast arrest may help preserve evidence, obtain statements, or prevent a suspect from avoiding arrest. A judge issues a Ramey warrant only after police submit a declaration of probable cause showing evidence that …
Protected Classes in the Workplace — "What are they?"Watch this video on YouTube A “protected class” refers to a group of people who share similar characteristics and are legally protected from being harassed or discriminated against because of those characteristics. The term “protected class” often arises in employment discrimination cases where an employer unfairly treats …
Lewd and lascivious conduct is defined as a sexual act that is offensive to community standards of decency. In many of the cases I handle, it often allegedly involves a child. Physical penetration is not necessary for there to be lewd and lascivious conduct. An example is intentionally groping a minor. Lewd and lascivious conduct is …
In California, employers are legally required to include certain information on the pay stubs they issue to workers. This is to ensure that wages, deductions, and payee information are correct and comply with state law. If any information is missing or incorrect, it can lead to a wage-and-hour lawsuit. Workers also have a right to inspect their payroll records. Pay Stub …
TL;DR A California misdemeanor arrest warrant does not expire and stays active until it is cleared, the person is arrested, or the person dies. An active misdemeanor warrant can appear on a background check and may lead to DMV consequences, including possible driver’s license suspension. The statute of limitations may still matter because California misdemeanor …
Dirk or Dagger "When are knives illegal to carry?" — California Knife Laws — Penal Code 21310 PCWatch this video on YouTube In the context of criminal law, a dirk or dagger is defined as a knife or other instrument (with or without a handguard) that can be used immediately as a stabbing weapon, and …
PAGA Claims — "How long is the statute of limitations to file a PAGA claim?"Watch this video on YouTube In California, the statute of limitations or window of time in which you can bring a PAGA claim is generally one year from the date of the last labor violation on which the claim is based. The Private Attorney …
Child Labor Laws in California – 5 Key Facts Every Parent & Employer Should KnowWatch this video on YouTube California’s child labor laws regulate the circumstances under which minors (persons under the age of 18) can work in the state. State laws are supplemented by federal regulations that restrict which occupations may employ minors. Child …
TL;DR Police can seize a cell phone when they have a valid search warrant, believe the phone contains evidence, or see it being used for an illegal purpose. The Fourth Amendment protects people from unreasonable searches and seizures, including searches involving cell phones and other digital devices. Police who seize a phone have a duty …
If you are a non-exempt employee in California, you must receive overtime pay (OT) for exceeding certain thresholds of “hours worked.” Specifically, your employer owes you overtime in the following three circumstances: Time-and-a-half pay when you work more than 8 hours in a workday or more than 40 hours in a workweek; Double-time pay when …
